Monthly Archives: February 2016

Are renewables diminishing the appeal of LNG?

A new report suggests that increased investment in Asia and Europe’s renewable energy markets could reduce investments in LNG projects. While it is inevitable that renewable energy will eventually replace fossil fuels, we’re not there yet, explains David Austin in Business in Vancouver. Read the full article to learn more.

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Zika Update – WHO Declares Public Health Emergency

On Monday, the World Health Organization (“WHO”) declared the rise in birth defects linked to the Zika virus outbreak a public health emergency, marking only the fourth time that the WHO has made such a declaration. This announcement by the WHO underscores the seriousness of the Zika virus outbreak and, hopefully, will pave way for a coordinated and well-funded global response to this serious public health problem that may include intensified mosquito control efforts, expedited creation of a more rigorous diagnostic test to detect the virus, and development of a preventive vaccine.

Reports of the Zika virus first surfaced in the Western Hemisphere in May 2015. The Zika virus outbreak has now spread to 25 countries and territories worldwide. The U.S. Centers for Disease Control and Prevention (“CDC”) said no locally-transmitted cases have been reported in the continental United States. However, symptoms of the illness have been reported in travelers returning from affected countries, including a student at the College of William and Mary in Virginia who contracted the virus while traveling in Central America over winter break. That student is expected to recover.

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Eleventh Circuit Upholds OSHA with Participating Supervisor – Employment Law This Week

One of the featured stories on Employment Law This Week – Epstein Becker Green’s new video program – is the Eleventh Circuit decision limiting the supervisory misconduct defense against OSHA citations.

At a construction worksite, a supervisor and his subordinate from Quinlan Enterprises were found working on a 15 foot wall without fall protection or a secure ladder. The company was held responsible for the OSHA violation, because, in most cases, a supervisor’s knowledge of a violation is imputed to the employer.

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Wage and Hour Division Offers Guidance on Joint Employment – Employment Law This Week

The top story on Employment Law This Week – Epstein Becker Green’s new video program – is the Department of Labor’s Wage and Hour Division’s new interpretation of joint employment.

The federal Wage and Hour Division issued an Administrator’s Interpretation with new guidelines for joint employers under the FLSA and Migrant and Seasonal Agricultural Worker Protection Act. The Division makes it clear that it believes employers are regularly part of joint employment relationships with their vendors and business partners. If an employee files a claim or lawsuit and a joint-employment relationship is found, both employers can be found liable for violations. Michael Thompson, co-editor of this blog, explains it more in depth on the show.

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ILN Today Post

Federal Employment Dismissal Case Argued by Firm before Supreme Court of Canada Considered 1 of 5 most Important Cases to be Heard in 2016

On 19 January 2016, Ronald M. Snyder, Partner, argued before the Supreme Court of Canada that Federally regulated non-unionized employees can be dismissed without cause. This follows on the heels of Ronald’s success before the Federal Court of Appeal in 2015 where he overturned nearly 40 years of arbitral jurisprudence that held such employees could only be dismissed for “just cause.”

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Preparing for BC’s new Water Sustainability Act

Aaron Singer prepared a presentation for the BC Fruit Growers Association on compliance with BC’s new Water Sustainability Act. The act regulates ground and surface water in addition to dams and wells. Check out the presentation to learn more.

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ILN Today Post

Endringer i arbeidsmiljøloven – regulering av konkurransebegrensende avtaler i arbeidsforhold

Den 1.1.2016 trådte nye regler om konkurransebegrensende avtaler i arbeidsforhold i kraft. Reglene er å finne i arbeidsmiljøloven kap 14 A. De nye lovreglene innebærer en betydelig innskjerping av i hvilke tilfeller det kan avtales konkurranse- og kundeklausuler mellom arbeidsgiver og arbeidstaker. Det er i tillegg et forbud om rekrutteringsklausuler mellom virksomheter, med unntak for situasjoner hvor det er forhandlinger om virksomhetsoverdragelse. Lovendringene vil få stor praktisk betydning og det kan for mange virksomheter være nødvendig med en revidering av gjeldende arbeidskontrakter. Dersom man ikke foretar en justering, vil klausuler i strid med reglene kunne bli kjent ugyldige. For avtaler inngått før ikrafttredelsen, gis loven virkning først ett år etter ikrafttredelsen, slik at man har 2016 på å områ seg.

Advokatfirmaet Økland & Co har dyktige advokater med spesialisering innenfor arbeidsrettens område, som kan bistå med utforming av klausuler i henhold til de nye lovbestemmelsene.

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Network Adequacy: A Multimarket Recap of 2015 and Looking Ahead

2016 is poised to be a major year in network adequacy developments across public and private insurance markets.  Changes are ahead in the Medicare and Medicaid managed care programs, the Exchange markets and the state-regulated group and individual markets, including state-run Exchanges.  The developing standards and enforcement will vary significantly across these markets.

Through 2014 and 2015, major news stories discussed concerns over the growing use of narrow provider networks by issuers on the Affordable Care Act’s insurance exchanges (“Exchanges”).  Others reported on enrollees’ frustration with receipt of unexpected charges from out-of-network practitioners when receiving treatment at in-network facilities (often referred to as “surprise bills”). 

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Craig D. Levey to Moderate MBA Program

On March 15, Davis Malm attorney Craig D. Levey will moderate the Massachusetts Bar Association (MBA) Legal Lunch Program, “Feed Your Mind: Massachusetts Appellate Practice and Procedure.” The session will cover how judges prepare for argument and how appellate panels decide the cases before them, as well as briefings, oral arguments, and amicus briefs. The discussion will also feature two guest speakers from the Massachusetts Appeals Court: The Honorable William J. Meade and Joseph F. Stanton, Esq. 

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