Monthly Archives: January 2017

Five Issues Employers Should Monitor Under the Trump Administration

A New Year and a New Administration: Five Employment, Labor & Workforce Management Issues That Employers Should MonitorIn the new issue of Take 5, our colleagues examine five employment, labor, and workforce management issues that will continue to be reviewed and remain top of mind for employers under the Trump administration:

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Change Is Here – President Trump’s First Day Includes Addressing the Affordable Care Act and Freezing Regulations

On his first day in office, President Trump issued an Executive Order entitled “Minimizing the Economic Burden of the Patient Protection and Affordable Care Act Pending Repeal.” The Executive Order is, in effect, a policy statement by the new administration that it intends to repeal the Patient Protection and Affordable Care Act (the “ACA” or the “Act”) as promptly as possible. The Executive Order also directs the Secretary of Health and Human Services and the heads of all other executive departments and agencies that, pending repeal of the ACA, they are to exercise the full extent of their authority and discretion to “take all actions consistent with law to minimize the unwarranted economic and regulatory burdens of the Act, and prepare to afford the States more flexibility and control to create a more free and open healthcare market.”

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Change Is Here – President Trump’s First Day Includes Addressing the Affordable Care Act and Freezing Regulations

On his first day in office, President Trump issued an Executive Order entitled “Minimizing the Economic Burden of the Patient Protection and Affordable Care Act Pending Repeal.” The Executive Order is, in effect, a policy statement by the new administration that it intends to repeal the Patient Protection and Affordable Care Act (the “ACA” or the “Act”) as promptly as possible. The Executive Order also directs the Secretary of Health and Human Services and the heads of all other executive departments and agencies that, pending repeal of the ACA, they are to exercise the full extent of their authority and discretion to “to take all actions consistent with law to minimize the unwarranted economic and regulatory burdens of the Act, and prepare to afford the States more flexibility and control to create a more free and open healthcare market.”

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Statutory insurance NSW/ACT 2016 in review

Contents

Introduction

Case updates

Motor Vehicle Accidents

The objective test for contributory negligence. What is reasonable to invest in the reasonable person?

Further guidance as to section 62 MAS referrals.

Issue estoppel defeats personal injury claim due to property damage settlement.

Procedural fairness at MAS is for insurers too.

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Robert J. Munnelly, Jr. and Patrick T. Clendenen to Present Data Security Program for MCLE

On April 5, Robert J. Munnelly, Jr. and Patrick T. Clendenen, shareholders at Davis Malm, will present the program, “Protecting Data & Dealing with Breaches Globally in 2017,” as a seminar for Massachusetts Continuing Legal Education (MCLE).

The program will provide a comprehensive overview of data security developments affecting Massachusetts businesses and institutions in 2017, including global issues, recent litigation precedents affecting exposure to class action lawsuits for significant breaches, and emerging insurance coverage issues. The panel will also provide a timely update on recent enforcement trends and the evolving roles of the Consumer Protection Division of the Massachusetts Attorney General’s Office as reviewers of business practices and protectors of consumer rights relative to sensitive data.

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FDA Says Yes to Pre-Approval Communications with Payors but Reaffirms its Approach to Restrictions on Off-Label Communications

Early January has seen the release by FDA of a flurry of information on drug and device manufacturer communications, largely reaffirming FDA’s long-held approach to restricting manufacturer communications regarding off-label uses of approved drugs and medical devices. The most significant positive development arising from these documents is the Agency’s concession on proactive pre-approval communications with payors about investigational drugs and devices, allowing certain information to be provided to payors prior to a product’s approval. FDA’s guidance documents issued this week also clarify some grey areas surrounding the circumstances under which manufacturers may communicate about information that is consistent with or related to an approved indication, but is not included in approved product labeling.

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(Français) Témoignage d’un étudiant – Une diversité salutaire

Il est monnaie courante de voir, au cours de la course aux stages ou dans les facultés de droit, des étudiants évoqués leurs intérêts de « spécialisation juridique »*. Fiscalité, famille, affaires, assurances, travail, pénal : en cette ère de la spécialisation, tout un chacun tente de trouver une branche qui cadre avec ses intérêts et dans laquelle il souhaiterait développer une expertise particulière.

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Combatting the Zombiefication of Legal Content Marketing with Data

Grunge cracked zombie virus concept background with some soft smooth lines

On all The Walking Dead quizzes I’ve taken, the results always show that I’m a Carol (TWD fans, you know what I mean).

But we’re not fighting actual walkers (or Saviors) – just the zombiefication of legal content marketing that’s been happening over the last couple of years as the patina wears off on our shiny new toy of content. Who’s with me?

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ILN Today Post

International Lawyers Network Shortlisted as Global Network of the Year by “The Lawyer” for Second Year

ILN_640The International Lawyers Network has been shortlisted as Global Network of the Year by “The Lawyer” for a second year in a row.

The winners of this category will be announced at The Lawyer European Awards 2017 at a ceremony at Grange St. Paul in London, England on Thursday, March 16, 2017. This is only the second year the category for Global Network of the Year has been included for consideration in the awards.

Judges in this category examine evidence of strategic vision, with particular focus on cross-border initiatives, consistent excellence in the delivery of legal services and outstanding talent management, in evaluating the submissions.

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International Lawyers Network Shortlisted as Global Network of the Year by “The Lawyer” for Second Year

ILNWe’re pretty thrilled around here after hearing late last week the very exciting news that the ILN was shortlisted for the second year in a row for Global Network of the Year by The Lawyer. This is only the second year the category has been included for consideration the awards.

Judges in this category examine evidence of strategic vision, with particular focus on cross-border initiatives, consistent excellence in the delivery of legal services and outstanding talent management, in evaluating the submissions. We’re incredibly proud that the strong relationships that we have with our members (and among our members!) provide us with the support that allow us to develop innovative marketing strategies that make such honors possible. 

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