Monthly Archives: August 2015

Court of Appeals Restores DOL Regulation Barring Third-Party Employers from Claiming Exemptions for Companionship and Live-In Domestic Service Workers

Reversing a decision by the United States District Court for the District of Columbia, an August 21, 2015 decHomeHealthision by the Court of Appeals for the District of Columbia Circuit in Home Care Association of America v. Weil (pdf) has approved a regulation by the United States Department of Labor (“DOL”) extending federal minimum wage and overtime protections to home care workers and live-in domestic service employees employed by third parties. 

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Clark Wilson lawyers listed in Best Lawyers in Canada 2016

Clark Wilson would like to congratulate our lawyers peer-selected for the 10th edition of Best Lawyers in Canada 2016: Diane Bell, Darren Donnelly, Brock Johnston, Peter Kenward, Neil Melliship, Alex Petrenko, Bernard Pinsky, Chris Ramsay and Jeffrey Vicq. Best Lawyers is one of the oldest and most respected peer-review publications in the legal profession. Congratulations to all honourees. Learn more.

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The Boom in Telemental Health

Telemental health seems to be emerging, even booming.  Also referred to as telebehaviorial health, e-counseling, e-therapy, online therapy, cybercounseling, or online counseling, for purposes of this post, I will define telemental health as the provision of remote mental health care services (usually via an audio/video secure platform) by psychiatrists, psychologists, social workers, counselors, and marriage and family therapists.  Most services involve assessment, therapy, and/or diagnosis.   Over the last few years, I have seen a wider variety of care models—from hospitals establishing telepsychiatric assessment programs in their emergency departments to virtual networks of mental health professionals providing telemental health services to underserved areas to remote substance abuse counseling being provided to inmates in state prisons.

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Best Lawyers, 2016 edition: 23 RSS lawyers are included

August 24, 2015 — RSS is proud to announce that 23 of its lawyers — almost one-third of the firm — are included in the 2016 edition of the Best Lawyers directory, a major, peer-review-based guide to legal professionals all over the world.

This year, a new lawyer appears on the list: Dominique Poulin, from our Insurance Group.

In addition, two of our lawyers receive special mentions:

  • Lynne Kassie, Ad. E., Montréal Lawyer of the Year for 2016, a title she had also been awarded in 2009; and
  • Michel Green, Montréal Lawyer of the year 2016; Mr. Green had also been awarded that title for other practice areas in 2011, 2012 and 2013.
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Week of August 17, 2015 on ILNToday – A Roundup!

roundupSomehow, not only are we at the end of the week, but we’re also almost at the end of August. Are you ready to start September off with a bang? From everyone I’ve been talking with, it’s actually been quite a busy summer (unusually busy), so that may have you feeling a bit behind the eight ball. Maybe take some time this weekend to get ready for all of the work, networking, and business development to come this fall! But first, read through these latest top posts from ILNToday!

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ILN Today Post

“Do we need to follow a “fair” – or even any – process to dismiss an employee if she has only been employed by us for 18 months?”

We get asked this question a lot by those employers who are aware that, as a rule, an employee requires a minimum of two years’ continuous employment with an employer in order to bring a claim for unfair dismissal. Dismissing an employee without following a correct procedure (which effectively involves warning and consultation) would, from a legal perspective, almost always be unfair. However, if the employee does not have the right to complain, the thinking seems to be that it does not really matter if the dismissal is potentially unfair, since the employer is unlikely to face any repercussions.  More…

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ILN Today Post

THE FOREIGN CORRUPT PRACTICES ACT: A PRIMER FOR ENERGY EXECUTIVES

In this article, Beirne, Maynard & Parsons partner Scott Marrs and associate Nicholas Stepp explore the key provisions of the Foreign Corrupt Practices Act (FCPA). In doing so, they discuss how energy executives and board members should familiarize themselves with these provisions, given the FCPA’s extended scope across jurisdictions where bribery is often an accepted component of “doing business”. To read the entire article, please view the below pdf.

PDF FileThe Foreign Corrupt Practices Act: A Primer for Energy Executives

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ILN Today Post

An attack on non-doms: IHT extension for UK residential property owned offshore

The Chancellor announced in the recent summer budget that the Government intends to bring all UK residential property held directly or indirectly by non-doms into the scope of UK Inheritance Tax, and this would include such property owned through an indirect structure such as an offshore company or trust. One reason holding UK residential properties in offshore companies has long been attractive to non-doms is that shares in the offshore company could be an excluded asset for Inheritance Tax and not taxable on the non-dom’s death. More…

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ILN Today Post

LAW & LITIGATION NEWS SERIES: MORE CHANGES TO PATENT LITIGATION LAWS

In this month’s edition of our Law & Litigation News series, partnerWilliam Norvell examines the impact of patent law changes on patent litigation as well as patent application preparation. Read the full article below.
PDF FileMore Changes to Patent Litigation Laws

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OSHA’s New Option for Resolving Whistleblower Complaints: What Employers Need to Know

OSHA enforces the whistleblower provisions of 22 separate statutes.  The number of retaliation claims filed under the various statutes has risen steadily each year and the cost of investigating them has placed a tremendous strain on OSHA’s fiscal and physical resources.  Searching for a way to reduce the costly and time consuming process of an investigation and litigation, OSHA conducted pilot Alternative Dispute Resolution (ADR) programs in two of its regions from October 2012 to September 2013.  The pilot programs were well received by employers and whistleblowers alike, allowing for quick resolutions of disputes without the need of enduring a lengthy and burdensome OSHA investigation.  These pilot programs were such a success that on August 19, 2015, OSHA published CPL 02-03-006, Alternative Dispute Resolution (ADR) Processes for Whistleblower Protection Program, which affords all OSHA regions with the option of adopting an ADR program at the discretion of each Regional Administrator.

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