Monthly Archives: June 2015

“We Can’t Ignore the World,” Steve LaTourette for U.S. News & World Report

July 4 traditionally has been a day when Americans reflect on our nation’s many blessings. We have one of the world’s largest and most productive economies, as well as unparalleled natural resources. We enjoy global leadership in technology and higher education, and the dollar remains the world’s reserve currency. Our ever-evolving democracy, with its promise of freedom and opportunity for all citizens, has been a beacon to other nations.

Despite our global standing, many Americans don’t often care to know much about what lies beyond our borders. When citizens of different countries take surveys asking questions about international affairs, we invariably end up at the bottom of the class. Safe behind the protection of two oceans, and secure in our status as the sole global superpower, some in our country only think about the rest of the world only when they have to.

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Healthcare Alert: OIG to physicians: Review your financial agreements

Earlier this month, the Office of Inspector General of the U.S. Department of Health and Human Services (OIG) issued a fraud alert warning physicians of their duty to ensure that their financial arrangements with healthcare companies involve bona fide services and are in line with fair market value.

The OIG also announced it had reached settlements with 12 individual physicians who had entered into questionable medical directorship agreements and office staff arrangements under which an affiliated healthcare entity had paid the salaries of the physicians’ staff. The OIG had alleged that under the circumstances the compensation for the medical directorship and the office staff arrangements constituted improper remuneration under the federal anti-kickback statute for the following reasons:

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Two for Tuesdays: How to Make Your Content as Fierce as Beyonce

twofortueHere’s a scary thought – earlier today, a blog post caught my eye, talking about the “one content marketing question” we should all be asking ourselves. Remember, when we say “content marketing,” we’re talking about anyone who authors articles, writes a blog, presents at conferences, does informational videos, etc. – basically anyone who produces substantial content that is shared with others.

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NLRB Reverses Longstanding Rule: Employers Now Required to Disclose Confidential Witness Statements in Investigations – a Major Change for Labor Arbitration?

The National Labor Relations Board (“NLRB” or “Board”), in its June 26, 2015, Decision and Order in American Baptist Homes of the West d/b/a Piedmont Gardens (PDF) has overruled what it described as a longstanding “blanket exemption” allowing employers to protect the confidentiality of witness statements taken during investigations and not provide them to a union in response to an information request. In place of the long standing body of law protecting the confidentiality of witness statements, which was established in recognition of the needs for confidentiality in investigations, the Board has now replaced the rule with a balancing test that weighs the employer’s need to protect confidential information with the union’s stated need for the statements to process a grievance or carry out its other responsibilities.

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Mayor Signs NYC Ban-the-Box Law

On Monday, June 29, 2015, Mayor Bill de Blasio signed into law the bill passed by the New York City Council “banning-the-box.” The law goes into effect on Tuesday, October 27, 2015. As discussed in our earlier advisory, the ban-the-box movement removes from an employment application the “box” that requests criminal conviction history. New York City’s law also imposes additional requirements upon the employer when making an adverse employment decision on the basis of criminal conviction history.

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Data Privacy: “Somewhat Prepared” is NOT Prepared!

Our 2015 Business Outlook Survey revealed that 70% of organizations believe they are only “somewhat prepared” for data privacy and cybersecurity hazards. “Somewhat prepared” is not enough to combat the privacy threats and expectations of regulators. We will explore the
proactive measures your company should implement to minimize the risk of a data breach.

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Højesteret afbryder forældelsesfrist

Skadelidte var involveret i et færdselsuheld den 2. juli 2001, og skadevolder anerkendte efterfølgende erstatningspligten.

Sagen angik alene, om skadelidtes krav på godtgørelse for varigt mén og erstatning for tab af erhvervsevne var forældet, inden retssagen blev anlagt den 29. januar 2007.

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Alert: Significant Changes to Canadian Design Law Expected in 2016

Superior visual aesthetics are an important competitive advantage in many market sectors, including fashion, housewares and consumer electronics.

Intellectual property protection has long been available for visual aesthetics, under names such as design patent and design registration; however, it has been cumbersome and expensive to pursue and maintain in multiple jurisdictions. Conventionally, countries have had their own substantive and procedural design regimes, with little harmonization between them. For example, design representations (photographs, line drawings, CAD renderings) required for registration in one jurisdiction might be completely unacceptable in another, thus requiring duplication of effort and expense.

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Bill C-59 Receives Royal Assent – Certain amendments to the Trade-marks Act, Copyright Act, the Patent Act and the Industrial Designs Act

The above Bill is an omnibus budget bill which also contains the following amendments affecting intellectual property in Canada:

  • Force majeure – Under this provision, extension of time limits in unforeseen circumstances will be allowed. This provision allows the Canadian Intellectual Property Office to extend deadlines in the event of floods, ice storms and other natural disasters so that holders of intellectual property rights can avoid the inadvertent loss of rights in such events.
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Recent Additions to the Technology and Intellectual Property Group

We are pleased to welcome two recent additions to our Technology and Intellectual Property Group: Monica Sharma and Kwan Loh.

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