Monthly Archives: December 2015

ILN Today Post

Digital Media, Technology & Privacy Alert >> Wyndham Settles FTC’s Data Breach Case After Ruling Reinforced FTC’s Authority

After a long and rare court battle, the Wyndham Worldwide Corporation has agreed to settle a lawsuit brought by the Federal Trade Commission (FTC) that contended that the company’s security practices had unfairly exposed the payment card information of hundreds of thousands of consumers to hackers in three separate data breaches. The settlement contains some unique requirements that differ from past FTC consent orders.

Background
As we have previously discussed earlier this year, in the D&G alert, (click hereto view) on three occasions in 2008 and 2009, hackers successfully accessed Wyndham Worldwide Corporation’s computer systems. In total, the hackers allegedly stole the personal and financial information of hundreds of thousands of consumers, leading to over $10.6 million in fraudulent charges. Although the vast majority of targets of FTC data security enforcement actions choose to settle, Wyndham decided to challenge the FTC’s authority to pursue the matter. 

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ILN Today Post

Pat Williams featured in Lawyers Weekly

Pat Williams was featured in a recent Lawyers Weekly article on self-representation. “The arbitrator really becomes nearly a pseudo-counsel to the self-represented party to the extent of making sure they aren’t compromised or disadvantaged because they don’t understand the rules of procedure,” says Pat.

Read the full article to learn more.

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New law on apostille affixing

28 November 2015 the Federal law establishing legal framework for affixing apostille in the Russian Federation was adopted (hereinafter – the “Law”)1.

The Law was prepared in accordance with the Hague Convention of 1961, abolishing the requirement of foreign official documents legalization (hereinafter – the “Convention”), the international treaty, providing for the procedure of affixing apostilles, and is aimed at detailing the Convention`s provisions.

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Modification of Rates of Court Costs as of January 1, 2016

December 21, 2015 — With the coming into force of the new Code of Civil Procedure on January 1, 2016, the Minister of Justice has revised the Tariff of Judicial Fees in Civil Matters (decree 1094-2015).

Click here to read comments by Patrick Henry

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Dollar Tree Agrees to $825,000 OSHA Fine – Employment Law This Week

One of the featured stories on Employment Law This Week – Epstein Becker Green’s new video program – is Dollar Tree’s $825,000 dollar fine for OSHA violations.

Retail store Dollar Tree has agreed to a hefty fine as well as continual monitoring of its stores across the US. A third-party monitor will conduct audits on 50 stores over the next two years. This settles a wide range of complaints arising from 13 different OSHA inspections. The agency is increasingly using this tactic of issuing repeat citations for the same violations at different company worksites. This could have a much bigger impact beginning next year, when OSHA fines are set to rise about 80%.

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No Overtime Pay for Off-Duty BlackBerry Use – Employment Law This Week

One of the featured stories on Employment Law This Week – Epstein Becker Green’s new video program – is that there will be no BlackBerry overtime pay for cops in Chicago.

A federal magistrate judge in the Northern District of Illinois ruled that time spent by Chicago police officers actually answering emails on their BlackBerries was work eligible for overtime. However, “monitoring” of their BlackBerries was not work because the officers were still free to use the time predominantly for their own benefit. Regardless, the judge found that the City did not know the employees were doing any work, and the officers failed to report it, so the workers were not entitled to any compensation. There is reportedly a plan to appeal. In mid-2015, the Wage & Hour Division requested information regarding the use of portable electronic devices by employees outside of scheduled work hours, so this issue is one to watch. 

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West Coast Tech Drivers Unionize – Employment Law This Week

The top story on Employment Law This Week – Epstein Becker Green’s new video program – explores the push towards unionization of West Coast on-demand drivers.

Drivers for personal transportation company WeDriveU, who drive Facebook employees to and from work, have voted to unionize with the Teamsters. This brings the total to more than 450 shuttle drivers in Silicon Valley who have joined the union in the past twelve months. And last week, Seattle became the first city to give on-demand drivers the right to unionize over pay and working conditions. Hundreds of drivers in the city pushed for this legislation, which could kickstart the unionization effort for these kinds of jobs across the country.

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ILN Today Post

Social Media – Maximising Consumer Engagement Without Breaking the Law

Did you miss our recent Melbourne and Sydney seminar “Social Media: How to Maximise Consumer Engagement without Breaching the Law”? Do you want to watch any part of it again to refresh your memory? Or do you want your marketers, agency or legal team to see the seminar? Well it’s your lucky day! We filmed the Melbourne session and it is now available with the slides embedded for your viewing pleasure.

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ILN Today Post

Structuring Business Associate Agreements for Covered Entities and Business Associates (Rick Hindmand)

McDonald Hopkins attorney Rick Hindmand will be a presenter for Strafford’s upcoming webinar on “Structuring Business Associate Agreements for Covered Entities and Business Associates.” The CLE webinar will offer best practices for healthcare providers and business associates (BAs) negotiating business associate agreements (BAAs). The panel will examine current trends in contract negotiations, key contract provisions and ways to address common areas of dispute. 

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Draft law on state support of export

Pursuant to clause 29.1 of the order of the Government of the Russian Federation dated 29 June 2012 No. 1128-r , the Ministry of Economic Development of Russia prepared a Draft of Federal Law “On export support” (hereinafter – the “Draft”).

Development of the Draft is driven by the needs to establish in a unified legislative act a basis for supporting of export system. These issues are currently regulated by various legislative acts, such as Federal law No. 164-FZ dated 08 December 2003 “On the basis of the state regulation of foreign trade activities” and Federal law N 82-FZ dated 17 May 2007 “On the Bank of development” (hereinafter – “Law No. 82-FZ”). However, there are still many gaps in legal regulation of exporting activity. 

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