Monthly Archives: October 2016

Cybersecurity – mitigating the risks

Cybersecurity incidents are increasing and managing these risks has become a priority for all organisations.

Experience has shown that it is best to tackle risks on several fronts: through robust internal procedures and policies, with adequate contractual protections where appropriate, compliance with privacy laws and ensuring that risks are adequately insured.

Hall & Wilcox is delighted to invite you to this seminar where these issues will be explored and discussed.

The speakers will comprise of:

  • Benjamin Mossé, Chief Executive Officer at Mossé Security, a Cashel Group cyber security partner
  • Fergus Brooks, Cyber Risk Practice Lead at Aon Australia (Melbourne only)
  • Stephen Trickey, Cyber Risk and Insurance Specialist at Aon Australia (Sydney only)
  • Ben Hamilton, IP & Technology Partner at Hall & Wilcox
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Controls Imposed by Franchise Agreements May Support Class Action Claims That Franchisees Are Actually Employees

Claims that employees have been misclassified as independent contractors remain a focus for private plaintiffs and government agencies. Contracts that exert control over the business of another company may be a particularly fertile source of misclassification claims by plaintiffs seeking unpaid wages.

Two recent suits arising from franchise agreements with Jani-King, described by the Third Circuit as “the world’s largest commercial cleaning franchisor,” demonstrate the potential liability that can arise under these circumstances.

Wage Hour Division Sues Based on Misclassification of Franchisees

Last week, the Department of Labor filed suit claiming that franchisees of Jani-King of Oklahoma Inc. are actually employees under the Fair Labor Standards Act.

The DOL alleges that the franchisees typically have no employees of their own, but rather are individual who are required to pay Jani-King a franchise fee, royalties, and other payments to receive cleaning assignments.

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ILN Firm of the Month – Cleaver Fulton Rankin, Belfast, Northern Ireland!

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October/November 2016

The ILN is proud to announce our latest firm of the month, Cleaver Fulton Rankin, Belfast, Northern Ireland!
Cleaver Fulton Rankin is one of Northern Ireland’s leading corporate law firms, combining over 100 years of heritage with an innovative approach.  They’re conveniently located in Belfast city centre and employ 17 directors, 12 associates, 14 solicitors and 13 trainees and paralegals with a total staff of approximately 100 people.
They provide a full legal service to both commercial and private clients   Their  main practice areas are: company and commercial law, corporate finance, litigation, property law, projects and private client services. They are also well known for their specialist work in Northern Ireland in construction law, intellectual property, employment, banking, planning and environmental law, corporate recovery, IT and charity law.
Cleaver Fulton Rankin has been ranked [as a leading Northern Irish law firm] across 12 practice areas in The Legal 500 UK 2016, the leading guide to law firms in the UK. Notably, Cleaver Fulton Rankin has been recognised as a ‘stand-out firm’ in The Legal 500 and is ranked top tier in 6 practice areas including Dispute Resolution, Private Client, Commercial Property, Construction, Planning and Environmental and IT and Telecoms. A total of 22 lawyers were recommended and 7 lawyers have been recognised as “Leading Individuals”. The firm has also been highly ranked in an impressive 20 practice areas in annual UK-wide industry rankings, Chambers and Partners 2016, achieving top rank in 7 practice areas including Construction, Environment, Planning, Family/Matrimonial, Licensing, Private Client, and Real Estate Litigation. The UK industry rankings have demonstrated the firm’s wealth of skill and expertise across so many core areas of Law.
Cleaver Fulton Rankin has benefitted as a member of the ILN, in being able to secure international legal advice for a range of its clients, particularly in the Banking and Finance sector.  It has developed close ties with fellow ILN member in the Republic of Ireland, Holmes O’Malley Sexton, which will facilitate ILN members with clients seeking cross-border Irish legal advice.
Full descriptions of Cleaver’s services, expertise, and lawyer profiles are available on their ILN profile.
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Scott Kennedy
Telephone: +44 028 9027 1343
Practice Groups: Corporate Finance & IT
ILN Specialty Groups: Estate Planning; Estates & Trusts
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Stephen Cross
Telephone: +44 028 9027 1323
Practice Groups: Company/Commercial & Banking
ILN Specialty Groups: Energy, Estate Planning; Estates & Trusts
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Part 3 – Lessons from the Ashley Madison Privacy Investigation

In Part 1 and Part 2 of these updates we have explored a number of Privacy Act related issues that were identified by the Acting Australian Information Commissioner and Privacy Commissioner of Canada (Privacy Commissioners) during their investigation of the Ashley Madison data breach. A lot of discussion about the Ashley Madison hack has focused on privacy compliance issues and the data breach itself.

In our last update on the Ashley Madison Privacy Investigation, we will discuss the issue of misleading or deceptive conduct in the context of the data security claims made by Ashley Madison.  While this issue was not directly addressed in the Privacy Commissioners’ report, we thought it would be worthwhile to briefly look at the issue.

Ashley Madison’s security claims

The Ashley Madison website included a series of security trust-marks on its front page prior to the data breach.

The trust-marks found on the Ashley Madison website are set out in Figure 1.

Figure 1: Trust-marks 1

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MACRA Released

On Friday, CMS released the MACRA final rules, its innovative payment system for Medicare replacing the sustainable growth rate formula and the EHR Incentive Program for Medicare providers. MACRA creates the framework for providers to participate in the CMS Quality Payment Program through either the Advanced Alternative Payment Models (Advanced APMS) or the Merit-based Incentive […]

The post MACRA Released appeared first on OMW Health Law.

For more information please visit www.omwhealthlaw.com or click on the headline above.

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EEOC Convenes Meeting to Discuss “Big Data” Analytics

How, and to what extent, should “big data” analytics play a role in workforce recruitment, development, and retention?  These were some of the questions asked on October 13, 2016  at a meeting convened by the U.S. Equal Employment Opportunity Commission on the use of big data analytics in the workplace.  Based on the exchange with the panel of seven experts, it is clear that the EEOC is cautiously approaching companies’ use of big data in informing employment decisions, and is beginning to think about its role in overseeing big data analytics as applied to the workforce.

Big data analytics in the workplace (sometimes referred to as people analytics) is the pairing of large data sets, comprising information gleaned from a variety of sources, with machine learning techniques in order to make successful, efficient, and non-discriminatory employment decisions.  But panelists cautioned that big data analytics is not a panacea.  Panelist Kelly Trindel, Chief Analyst of the EEOC’s Office of Research, Information, and Planning, expressed concern that the use of big data analytics may inadvertently perpetuate discrimination if the training set on which the analytical algorithms are based comprise a group that itself was the product of discriminatory decision-making.

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Week of October 10, 2016 on ILNToday – A Roundup!

roundupBefore we get into the roundup, we’re thrilled to announce the that ILN is officially welcoming a new member in Australia, Hall & Wilcox! For the full release, and to welcome our newest member, please take a look at the full article. We look forward to many years of fruitful cooperation with this excellent firm.

Now, on to the roundup!

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    ILN Today Post

    International Lawyers Network Welcomes New Firm in Australia, Hall & Wilcox

    OJankowskyThe International Lawyers Network is pleased to announce it has welcomed a new member firm, Hall & Wilcox, a leading Australian law firm with 65+ partners and offices in Sydney, Melbourne, Perth, Canberra and Newcastle. Hall & Wilcox act nationally for Australian based clients and multinational clients with Australian interests, across a number of key practice areas and industries.

    The firm’s purpose is to enable its clients, its people and its communities to thrive by practising smarter law. Smarter law is how Hall & Wilcox works with clients to achieve their business objectives and prosper in times of change.jbarrett

    Hall & Wilcox is ranked in a number of key practice areas in The Legal 500 Asia Pacific 2016 including banking and finance, dispute resolution, employment, real estate and restructuring and insolvency and Chambers Asia Pacific 2016 has ranked three partners as leaders in their respective fields. In addition, a number of the firm’s lawyers are listed in the 2016/2017 Best Lawyers in Australia.

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    ILN Today Post

    Why PR professionals need to grasp the potential liability for pay equity claims

    Pay equity is not just an important topic in the upcoming presidential election. It is also the subject of new regulation. Last week, the U.S. Equal Employment Opportunity Com- mission said that starting in March 2018, it will collect summary employee salary and incentive compensation data for all employers who employ more than 100 staffers. Companies with fewer than 100 employees will also be required to submit this data if they are federal contractors or subcontractors.
    According to the EEOC, this data will “improve investigations of possible pay discrimination which remains a contributing factor to the persistent wage gap” between men and women in similar posi- tions.The EEOC also announced it will use this pay data to assess complaint of discrimination, focus agency investigations, identify existing pay disparities, and will not disclose data for a speci c employer. Instead, it will only publish larger aggregated data that “fully protects employer con dentiality and employee privacy.”
    More information about the revised EEO-1 report, including the new Fact Sheet for Small Business form, and a question and an- swer document are available on EEOC’s website. Even before the EEOC begins collecting this data, a number of leading compa- nies (including Amazon, American Airlines, Johnson & Johnson, and PepsiCo) have voluntarily signed the White House’ Equal Pay Pledge, by which employers agree to review their pay statics annu- ally in an effort to reduce the gender pay gap.

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    Clark Wilson acts for PIRET in closing $143.8 million bought deal

    Clark Wilson acted for Pure Industrial Real Estate Trust (PIRET) (TSX: AAR.UN) in closing its public offering of 26,875,500 trust units, on a bought deal basis, for total gross proceeds of $143,783,925. Vikram Dhir and James Speakman led the Clark Wilson team. See PIRET’s news release for more information.

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