Monthly Archives: January 2017

Sam A. Davis Presents at Greater Boston APALSA Conference

On January 21, Davis Malm corporate associate Sam A. Davis presented at the 2017 Greater Boston Asian Pacific American Law Students Association (APALSA) Conference, “Make Your Mark.” Mr. Davis served as a guest panelist for a panel discussion focused on providing tips to Asian American law students on resume writing skills and interviewing strategies. He also participated in the event’s Speed Mentoring session, where he mentored law students on how to choose a successful career path.

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Long term UK resident non-doms to be deemed UK domiciled

The UK Government has released draft legislation giving effect to its proposal to deem the domicile status of certain UK resident non-doms to be UK domiciled, regardless of their actual domicile.

The changes only apply to non-doms who, on or after 6 April 2017, have been tax resident in the UK for 15 out of the previous 20 tax years.   For example, in tax year 2017/2018 beginning on 6 April 2017, the changes would only affect any individual who has been resident in the UK continuously since UK tax year 2002/2003 or earlier.  These non-doms will be deemed to be UK domiciled.

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Long term UK resident non-doms to be deemed UK domiciled

 

The UK Government has released draft legislation giving effect to its proposal to deem the domicile status of certain UK resident non-doms to be UK domiciled, regardless of their actual domicile.

 

The changes only apply to non-doms who, on or after 6 April 2017, have been tax resident in the UK for 15 out of the previous 20 tax years.   For example, in tax year 2017/2018 beginning on 6 April 2017, the changes would only affect any individual who has been resident in the UK continuously since UK tax year 2002/2003 or earlier.  These non-doms will be deemed to be UK domiciled.
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Replace Without Repeal?

On Monday, January 23rd, Senators Bill Cassidy (R-LA) and Susan Collins (R-ME) introduced the Patient Freedom Act of 2017 (“PFA”), the first of what may be many Republican Affordable Care Act (“ACA”) “replacement” alternatives. The PFA is notable for several reasons. It is the first replacement plan to be introduced in the 115th Congress, it is sponsored by Senators who are considered comparatively moderate on health issues, and thus its content may represent an opportunity for compromise in the future, and, perhaps most interestingly, does not actually repeal the ACA. The overarching feature of the PFA is that it allows states to control which course they chart for health reform.

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OFCCP Sues Tech Giant Oracle Alleging Discrimination in Compensation and Hiring Practices and Failure to Produce Requested Records and Data

The United States Department of Labor’s Office of Federal Contract Compliance Programs (“OFCCP”) on January 17, 2017, just days before the inauguration of President Donald Trump, filed a lawsuit against Oracle America, Inc. (“Oracle”), alleging discrimination in its compensation and hiring practices, and its refusal to produce requested records and data. See Complaint. The lawsuit, filed with the Office of Administrative Law Judges, stems from a compliance review initiated by the OFCCP on September 24, 2014 at Oracle’s Redwood Shores headquarters in California, housing 7,000 employees.

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Looking to Create or Enhance A Workplace Anti-Retaliation Program? OSHA’s Recommended Practices

On January 13, 2017, the Occupational Safety and Health Administration (“OSHA”) issued non-binding recommendations to aid employers with creating new or improving existing workplace anti-retaliation programs.  OSHA’s recommendations apply to all public and private employers that are subject to the 22 whistleblower protection statutes that OSHA enforces.[2]

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7 Tips for a Successful Course Au Stage

1)   Use ressources at your disposal

Even if you’re confident with your candidacy, there is still much to be gained from participating in the various clinics and seminars put on by your faculty’s career office.  Moreover, workshops or conferences put on by the firms themselves will allow you to improve your applications while gaining quality face time with lawyers.

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Congress Wants to Reform Agency Rulemaking: Refinements or Tectonic Shifts?

Congress is currently considering two bills that would dramatically alter the ways in which all federal agencies develop and publish rules. If enacted, both would create significant new obligations for agencies such as CMS and the FDA, expand the scope of judicial review of rules, and would increase the potential for political influence over the rulemaking process. Both bills passed the House on party-line votes, and are under consideration by the Senate.

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Maybe Axanar Could Klingon To Its Fair Use Defense In A Parallel Copyright Universe

rtzw4f02zy8-nasaOn January 3, 2017, in Paramount Pictures Corp. v. Axanar Productions, Inc. et al., a United States District Court held that Axanar could not rely on a fair use defense during the upcoming trial over whether Axanar infringed Paramount’s copyright in the popular Star Trek television and motion picture franchise.  Axanar has an existing twenty-one minute film Star Trek: Prelude to Axanar (“Prelude”) and at least two trailers for a planned full-length feature film (the “Axanar Motion Picture,” and, collectively with Prelude, the “Axanar Works”).  Central to the Court’s rejection of that defense was Axanar’s inability to convince the Court that the Axanar Works had the characteristics of the sort of works, such as parodies, that are recognized as deserving of a fair use defense under 17 U.S.C. § 107, as further explained by the United States Supreme Court’s decision in Campbell v. Acuff-Rose Music, Inc., 510 U.S. 569 (1994).  While seemingly a solid analysis under the applicable U.S. copyrights laws and cases, one perhaps should ask whether a different result could be supported in a parallel copyright universe.  (This does, after all, involve Star Trek, where, since the Original Series episodeMirror, Mirror” episode, examples of parallel universes have existed.)  But to get to that parallel universe here, one need not experience a transporter malfunction, nor travel multiple parsecs—one perhaps need only look the United Kingdom (not to be confused with the United Federation) and Section 30A of its Copyright, Designs and Patents Act 1988.  Understanding more fully the Axanar case and the Axanar Works will help the parallels emerge.

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Combatting the Zombiefication of Legal Content Marketing with a Plan

Grunge cracked zombie virus concept background with some soft smooth lines

In keeping with our theme of zombies (this is the last post on this for a while, I swear), when last we saw our intrepid band of beloved Walking Dead characters, they were coming up with a plan to fight Negan and the Survivors. Without a plan, they spent much of the previous season just reacting to a bad situation – they thought they had all the information they needed on Negan, and took out one of his outposts, only to learn it was a small segment of his followers, and **spoiler alert** people died.

While no one is going to die without a content marketing plan, a rigorous, strategic plan can turn what is haphazard actions taken with fingers crossed into an efficient formula for building your online reputation into something that works for you. A plan combats the two issues we addressed with hit-or-miss content marketing last week,

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