Monthly Archives: May 2015

More Company Handbook Provisions Are Held Invalid According to the NLRB

E. Jason TremblayE. Jason Tremblay

As previously reported, the National Labor Relations Board (NLRB) has taken a very aggressive approach against employers by requiring them to rescind employee handbook provisions that it deems to be unlawful pursuant to the National Labor Relations Act (NLRA). In the most recent example of such an approach, an NLRB Administrative Law Judge (ALJ) found in favor of the United Food and Commercial Workers Union against Macy’s Inc. and held that several Macy’s employee handbook provisions unlawfully restricted its employees’ right to communicate and complain about workplace conditions. A copy of the Macy’s Inc. decision is here.

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House Energy and Commerce Committee Proposes, then Drops, 340B Reform Language to 21st Century Cures Legislation

By Alan J. Arville, Constance A. Wilkinson and Selena M. Brady

The House of Representatives Energy and Commerce Committee (“the Committee”) circulated draft language to include in its 21st Century Cures legislation earlier this week to reform the 340B drug discount program (the “340B Program”). Although the draft 340B language was pulled from the legislation yesterday, the language proposed provides insight into what future legislative reform may include. The draft language, if adopted, would have a substantial impact on all 340B Program stakeholders, including, covered entities, contract pharmacies, 340B technology vendors, and drug manufacturers.

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Supreme Court Confirms Test For Judicial Bias

The Supreme Court of Canada recently released a decision which established the test for determining bias in a trial judge.  In the case of Yukon Francophone School Board, Education Area #23 v. Yukon (Attorney General), 2015 SCC 25, the Supreme Court partially allowed an appeal from the Court of Appeal for the Yukon. 
 
In this case, the Yukon Francophone School Board (“School Board”) which had responsibility for one school, a French-language school founded in 1984, sued the Yukon government for what it claimed were deficiencies in the provision of minority language education.  The trial judge ruled in the School Board’s favour on most issues.
 
The Yukon government appealed to the Court of Appeal which concluded that there was a reasonable apprehension that the trial judge was biased based on a number of incidents during the trial as well as the trial judge’s involvement as a governor of a philanthropic francophone community organization in Alberta.  The Court of Appeal ordered a new trial. 
 
The School Board appealed the matter to the Supreme Court of Canada.  The Supreme Court partially allowed the appeal and agreed with the Court of Appeal’s conclusion that there was a reasonable apprehension of bias requiring a new trial.
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Implementation of the Transparency Directive Amending Directive and other Disclosure Rule and Transparency Rule Changes

This article first appeared in Company Secretary’s Review in May 2015

Introduction

HM Treasury and the Financial Conduct Authority (FCA) have published a joint consultation paper (CP15/11)(1) on proposed amendments to the Disclosure and Transparency Rules (DTRs) and the Financial Services and Markets Act 2000 (FSMA) which are required in order to implement the Transparency Directive Amending Directive ((2013/50/EU) (TDAD). The FCA is also proposing some other changes to the DTRs, relating to stock lending and investment managers. The submission deadline for responses is 20 May 2015. More…

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CHAMBERS USA RECOGNIZES BEIRNE, MAYNARD & PARSONS PARTNERS

Beirne, Maynard & Parsons partners Jeffrey Parsons and Patrick Johnson were re-selected as ranked lawyers in Chambers USA 2015 for Insurance (Texas, Band 4) and Bankruptcy/Restructuring law (Louisiana, Band 2) respectively.

Jeffrey Parsons is a founding partner of Beirne, Maynard & Parsons with more than 30 years of trial experience. He has counseled clients across multiple industries and practice areas with significant experience in complex insurance coverage disputes. More…

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THOMAS SARTWELLE CO-AUTHORS A CHAPTER ON CEREBRAL PALSY FOR THE AMERICAN COLLEGE OF LEGAL MEDICINE’S PUBLICATION “LEGAL MEDICINE AND MEDICAL ETHICS”

Legal Medicine and Medical Ethics, 9th Ed.

Beirne, Maynard & Parsons partner Thomas Sartwelle together with Dr. James C. Johnston M.D.,J.D. contributed a chapter “Cerebral Palsy Litigation: A Continuing 21st Century Epidemic” to the recently published American College of Legal Medicine textbook Legal Medicine and Medical Ethics. The American College of Legal Medicine is the official AMA organization authorized to examine and issue Board Certifications to physicians in the field of legal medicine. This book is the official study guide for physicians taking the legal medicine written examination for certification by the American Board of Legal Medicine. More…

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The fallout from yesterday’s forex fines

Yesterday saw yet another round of substantial fines by regulators against banks. This time the £3.6bn of fines against banks are for the foreign exchange (forex) scandal, where the banks stand accused of rigging the forex market.

For most the impact of the forex scandal is not immediately obvious. We have set out an overview of the scandal and its potential fallout below. More…

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NEW LAWS ON CLASS ACTIONS, DEBT COLLECTION, AND MORTGAGE RELIEF

Civil Class Actions Available in Thailand’s Courts of Justice
Thailand’s Civil Procedure Code has been amended to allow class action suits in the Kingdom’s courts, previously not a procedural option in the legal system. The amendment has received royal endorsement and been published in the Royal Gazette. It will become effective on December 4, 2015. The new class action law is based on US class action law and has similar rules. In a class action, a group of individuals or business entities can collectively bring a claim to court, and now in Thailand, groups can now file class action suits for breach of contract and on labor law, consumer protection, and trade competition, among others. Members of a class action suit also have the right to opt out and pursue individual claims. The jurisdiction for a class action case will rest in the court which is empowered to hear an individual case on the same matter. For example, for a class action case on trade protection, the competent court will be the Intellectual Property and International Trade Court. In class action matters, courts will be able to summon expert witnesses and appeals will be limited to matters on judgment debt, not points of law or fact. More…

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Restrictive covenants

Developers and landowners often find that development sites are subject to covenants which prohibit certain actions, such as use for a specific purpose, or the construction of or alteration to a building. These covenants are known as restrictive covenants and can have a significant impact on a proposed development. Having identified such a restrictive covenant, it is very important to undertake a full analysis of it to establish whether the restriction properly affects the land, is still enforceable and who (if anyone) has the benefit of it. More…

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Seven McDonald Hopkins Attorneys Recognized by Chambers USA 2015

CLEVELAND (May 22) – McDonald Hopkins is proud to announce that seven of the firm’s attorneys have been recognized as leaders in their respective practice areas by Chambers USA.

Two of the firm’s practice groups were also recognized in 2015.

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