Monthly Archives: October 2016

ILN Today Post

Doesn’t travel well

There are issues that frequently arise when devising and implementing an estate plan involving assets in both a civil-law jurisdiction, such as Quebec, and a North American common-law jurisdiction like Ontario or Florida.

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Another one bites the dust – ACT employer successfully defends claim green coffee bean dust caused injury

In Lean v Cosmorex Coffee Pty Limited [2016] ACTSC 309 the ACT Supreme Court found that while Cosmorex, the defendant employer, had breached provisions of the Dangerous Substances Act 2004 (ACT) (Act) and, as a result, also breached its duty of care at common law to the plaintiff, causation was not established.

The case revolved around exposure to green coffee bean dust which has long been recognised scientifically as a potential occupational irritant. The evidence at trial was that this was not widespread knowledge within the coffee industry in Australia. As it can be classified as a dangerous substance under the Act, entities and employers which handle green coffee bean dust must comply with the obligation to implement management systems as specified in the Act.

Background

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Hall & Wilcox to open its doors in Brisbane

Leading independent business law firm Hall & Wilcox is opening a Brisbane office in early November 2016 with the appointment of partners Drew Castley and Paul Baxter, special counsel Sean Sullivan and team.

Hall & Wilcox now have offices in Melbourne, Sydney, Newcastle, Perth, Canberra and Brisbane.

Drew has over 20 years’ experience as an insurance and commercial litigation lawyer. His area of focus in insurance claims is the defence of professional negligence claims and medical malpractice. He advises on risk management for professional service firms. His commercial dispute practice includes shareholder, partnership and joint venture disputes.

Paul’s practice is focused on personal injury and property liability claims under common law and statutory schemes as well as marine and transport industry litigation. Paul also specialises in indemnity disputes, fraud claims, statutory prosecution defence and recoveries.

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Law Firm of the Future: It’s About the People

The law firm of the future continues to be a hot topic of discussion, not just here on Zen, but among lawyers around the world. Both at our recent ILN European Regional Conference and the Association of International Law Firm Network’s (AILFN) Inaugural Summit, the questions of “what comes next?” and “how do we prepare for it?” were on the tips of everyone’s tongues.

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Bernie Madoff’s Frauds Continue To Reverberate Years Later

Seven years after Bernie Madoff was sentenced to 150 years in prison for frauds worth an estimated US$65 billion, the legal shockwaves from his disgraced empire continues to reverberate.  In a case that was recently decided by the Grand Court of the Cayman Islands, the court determined how the remaining value of a Cayman “feeder fund”, once part of the Madoff empire and now in official liquidation, should be distributed among its investors.

 

In this case, Herald and Primeo were open-ended investment funds.  They both placed funds for investment with a Madoff-related entity called BLMIS. 

 

In 2007, Primeo assigned the credit of its account with BLMIS to Herald in return for subscribing for shares in Herald. 
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Final Rule on ACA Issued by OSHA – Employment Law This Week

Featured on Employment Law This Week: The Occupational Safety and Health Administration (OSHA) has issued a final rule for handling retaliation under the Affordable Care Act (ACA).

The ACA prohibits employers from retaliating against employees for receiving Marketplace financial assistance when purchasing health insurance through an Exchange. The ACA also protects employees from retaliation for raising concerns regarding conduct that they believe violates the consumer protections and health insurance reforms in the ACA. OSHA’s new final rule establishes procedures and timelines for handling these complaints.  The ACA’s whistleblower provision provides for a private right of action in a U.S. district court if agencies like OSHA do not issue a final decision within certain time limits.

Watch the segment below:

The post Final Rule on ACA Issued by OSHA – Employment Law This Week appeared first on OSHA Law Update.

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Telehealth Innovation in Texas: Has Texas Gotten A Bad Rap?

Much of the recent media scrutiny may suggest that Texas has gotten a bad rap when it comes to telehealth. But have recent reports painted an incorrect or unfair picture of telehealth innovation in Texas? The TexLa Telehealth Resource Center (“TexLa TRC”) certainly thinks so.

Recent media attention focused on Texas telehealth innovation suggests Texas is behind the telehealth curve. In a recent report, the Texas Business Association said, “Texas lags behind other states in establishing a supportive regulatory environment for the expansion of these services,” while the American Telemedicine Association ranked Texas as one of the worst states for provision of telehealth services in its May 2015 and January 2016 [1] state report cards.

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Hvilken stop-loss aftale har du?

Med nye afgørelser fra Pengeinstitutankenævnet og domstolene i sager om stop-loss aftaler er det tydeligt, at dette værktøj stadig giver anledning til tvister mellem banker og deres kunder.

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RSS welcomes Nicolas Drolet, a choice resource for the aviation industry

October 24, 2016 — RSS is pleased to announce that Nicolas Drolet recently joined its Insurance Law Practice Group.

First and foremost a litigator, Nicolas plays a much wider role with the aviation and air transport industry, since he has an advantage that very few lawyers share: he holds a valid airline pilot licence, an occupation that he pursued for many years. He therefore has first-hand knowledge of the aviation world that clients will definitely appreciate.

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Hall & Wilcox supports ‘safe and healthy legal workplaces’ as signatory to Tristan Jepson Memorial Foundation

Leading independent business law firm, Hall & Wilcox, has announced its support for safe and healthy legal workplaces by becoming a signatory to the Tristan Jepson Memorial Foundation (Foundation).

Established in 2008, the Foundation is an independent charitable organisation dedicated to reducing work-related psychological ill-health in the legal community, and to promote workplace psychological health and safety.

Hall & Wilcox has signed up as a signatory to the Foundation’s Guidelines, which the Foundation describes as “…good for business, good for people and good for mental health”.

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