Monthly Archives: June 2015

OSHA’s Response to Compliance with the New Reporting Rules and What it Means to Employers

Although OSHA’s new reporting rule has been in effect for almost seven months now, it has caused some major changes in the way that OSHA operates.  Since the new reporting rule went into effect on January 1, 2015, OSHA has received more than 5,000 reports of work-related deaths, inpatient hospitalizations, amputations, and losses of an eye.  As OSHA anticipated, compliance with the rule has focused the agency’s attention on industries and hazards that it had not focused on before.  For example, because of the unexpectedly high number of reports of amputations from supermarkets, OSHA issued a safety Fact Sheet last month focused on preventing cuts and amputations from food slicers and meat grinders.

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Sharon Druker appointed to liaison committee with business lawyers

June 23, 2015 — Sharon G. Druker was recently appointed to the Bar of Montréal’s Liaison Committee with commercial law lawyers.

The committee’s primary objective is “to encourage lawyers practising business and corporate law to become more involved in the activities of the Bar of Montréal.”

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Lessons from the Sony Hack: The Importance of a Data Breach Response Plan

In a decision emphasizing the need for employers to focus on data security, on June 15, 2015, the U.S. District Court for the Central District of California refused to dismiss a lawsuit filed by nine former employees of Sony Pictures Entertainment who allege the company’s negligence caused a massive data breach.  Corona v. Sony Pictures Entm’t, Inc., Case No. 2:14-cv-09600 (C.D. Ca. June 15, 2015).

In November 2014, Sony was the victim of a cyber-attack, which has widely been reported as perpetrated by North Korean hackers in relation for “The Interview,” a Sony comedy parodying Kim Jong Un.  According to the complaint in this case, the hackers stole nearly 100 terabytes of data, including sensitive personal information, such as financial, medical, and other personally identifiable information (“PII”), of at least 15,000 current and former Sony employees.  The hackers then posted this information on the internet and used it to threaten individual victims and their families.  The nine named plaintiffs purchased identity protection services and insurance, as well as took other measures, to protect their compromised PII.

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Sikring af værdier i forhold til skat – fjernelse af muligheder og krav om stor påpasselighed


I efteråret 2013 blev der i dansk tv vist en række tv-udsendelser omkring forskellige professionelle aktørers rådgivning omkring ”skattely”. På baggrund af disse tv-udsendelser har SKAT foretaget en intern analyse på området, hvilket udmøntede sig i en rapport fra november måned 2014. Rapporten gennemgår forskellige områder og kommer med forskelige anbefalinger. På baggrund af rapporten har regeringen, Enhedslisten, SF og Dansk Folkeparti indgået en politisk aftale om regulering af forskellige udvalgte områder. Denne regulering er nu udmøntet i nogle konkrete lovtiltag, hvor der bl.a. indføres særlige skattemæssige regler for udenlandske trusts, der lovfæstes en omgåelsesklausul vedrørende visse direktivbestemte transaktioner, og der indføres ændrede rammer for mulighederne for at indhente bindende svar. Navnlig det sidste er væsentligt.

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County Held Liable To Farmer For Excessive Use of Road Salt

In the case indexed as Steadman v. Lambton (County) 2015 ONSC 101, the plaintiff, (“Steadman”) and his wife, lived on a farm bordering Nauvoo Road in Lambton County, Ontario (“County”).  Mr. Steadman had been a full-time farmer for all of his adult life.  His wife was a retired nurse.  
Mr. Steadman farmed wheat and soybeans on his land and had been doing so for more than 40 years.  In the mid to late 1990s he observed crop damage due to the County spraying salt on Nauvoo Road.  He sued the County for nuisance, claiming crop losses, diminution of the value of his farm.  Mr. Steadman also claimed that the farm was now burdened with a “stigma’ of having been damaged by the salt.   
The County defended the action claiming that the real culprit was the poor drainage on Mr. Steadman’s property; he had taken no steps to fence the property and restrict the wind’s distribution of salt or use gypsum to mediate the effects of salt on his land.
The matter proceeded to trial before Justice Carey of the Ontario Superior Court of Justice.
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U.S. Supreme Court to Review Tyson Foods Donning and Doffing Decision

On June 8, 2015, the U.S. Supreme Court granted Tyson Foods’ petition for review of the Eighth Circuit’s decision affirming the district court’s class and collective certification of a donning and doffing case under what Tyson Foods has described as “seriously flawed procedures.” While it does not appear that the Supreme Court’s review will deal directly with the standards for donning and doffing – i.e., the practice of employees putting on and taking off their uniforms and/or personal protective equipment pre- and post-shift – the Court appears likely to resolve how cases involving donning and doffing, as well as other wage-hour cases where not all employees in the putative class are impacted by a certain practice, will be scrutinized for purposes of applying class certification standards going forward. More specifically, the Court is expected to clarify what it means to have a class action “trial by formula,” of which the Court first disapproved in 2011 in Wal-Mart Stores, Inc. v. Dukes.

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Get paid by your employer for travelling around?

Get paid by your employer for travelling around? Could soon be a reality for some workers following a recent opinion of the Advocate General of the ECJ.

The Advocate General (Yves Bot) has this week drafted an opinion that travelling workers without a regular fixed place of work should have their travel time to and from their first and last assignments treated as “working time”. While the opinion of the Advocate General is not a binding legal decision and accordingly should be treated with due caution, in practice such opinions are highly persuasive and often followed by the European Court of Justice (ECJ).

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ILN Today Post

Ekenberg & Andersson Advokatbyrå advises on the divestment of all shares in Professional Parts Sweden AB

Ekenberg & Andersson has advised the seller in connection with the divestment of all shares in Professional Parts Sweden AB (Proparts) to Indutrade AB.

Proparts is a technology sales company that supplies replacement parts to the automobile aftermarket. Customers, which are mainly in Europe and North America, consist largely of auto repair chains, automotive workshops and other traders.

From the firm, attorneys Johan Sund and Thomas Ekenberg participated in the work. More…

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ILN Today Post

Real prospect of success? The Victorian summary judgment test keeps litigants on their toes

The introduction of Civil Procedure Act 2010 (Vic) (‘CPA’) blew fresh wind into various areas of the Victorian civil procedural law. One of the developments concerned the CPA test warranting summary judgment.

The criteria under the previous test was whether the claim, defence or counterclaim was “hopeless” or “bound to fail”. Under the new test pursuant section 63 of the CPA a court may give summary judgment if the claim, defence or counterclaim would have “no real prospect of success” at trial. More…

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Business Law: Proposed Export Control Reform impacts cloud storage, email, and U.S. workers abroad

The Obama administration continues its attempt to implement Export Control Reform (ECR) with proposed changes to regulations governing a number of matters, including:

  • Cloud computing
  • Email transfer of export controlled technical data and technology
  • The international defense industry

The proposed rule changes would remove existing licensing and approval requirements from the transfer and storage of technology or software in encrypted form, subject to certain conditions. In addition, the U.S. Department of State’s Directorate of Defense Trade Controls (DDTC) has proposed revising the International Traffic in Arms Regulations (ITAR) to require all U.S. persons—U.S. citizens, permanent residents (“green card” holders), refugees, asylees, or temporary residents protected under the Immigration Reform and Control Act of 1986, and any entity, organization, or group that is incorporated in the United States—who provide defense services abroad to be registered and licensed, absent an applicable exception.

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