Monthly Archives: February 2017

Ng v Health Care Complaints Commission

The plaintiff, Dr Sow Kuan Ng (Dr Ng), filed proceedings in the Supreme Court of New South Wales appealing a disciplinary finding from the New South Wales Civil and Disciplinary Tribunal (NCAT) relating to his conduct as a registered osteopath. NCAT had found Dr Ng guilty of professional misconduct and unsatisfactory professional conduct pursuant to the relevant provisions contained in section 139 of the Health Practitioner Regulation National Law (National Law) in respect of his dealings with a patient under his care.

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Russian Ministry of Healthcare has developed a draft regulation concerning remote retail of drug products

Russian Ministry of Healthcare has developed a draft Rules concerning remote retail of medical and veterinary drugs (excluding narcotic and psychoactive drugs) (hereinafter – the “Rules”).

The Rules have been developed in pursuance of the Instruction of Russian Government1 and scheduled for enactment by a separate governmental regulation. The text of the relevant regulation is available at http://regulation.gov.ru/projects#npa=60998 (in Russian only). The draft Rules as well as the relevant adopting regulation draft are currently at the stage of public discussion that shall continue until 27 March 2017.

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NLRB Acting Chair Dissents Point to Likely Changes to Board Election Rules and Employee Handbook and Email Standards

NLRB Acting Chair Philip Miscimarra has given the clearest indication to date of what steps a new Republican majority is likely to take to reverse key elements of the Labor Board’s hallmark actions of the Obama administration once President Trump nominates candidates for the Board’s two open seats and the Senate confirms. In each of these cases, Miscimarra highlighted his earlier opposition to the majority’s changes in long standing precedents and practices.

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Uber Presents a Cautionary Tale for Human Resources Departments

A recent blog post by Susan Fowler, a former software engineer at Uber, and the author of two books regarding software engineering, has once again drawn national attention to the issue of the underrepresentation of women in the technology industry. Her story has received extensive media coverage, and Uber has retained former U.S. Attorney General Eric Holder to investigate Ms. Fowler’s allegations. Further, the allegations appear to have reinvigorated the #DeleteUber social media campaign.

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What’s Really in The NLRB’s New Amendments to Its Rules And Regulations and What Do These Changes Mean For Employers?

 

On February 23, 2017 the National Labor Relations Board (“Board” or “NLRB”) made public a proposed Final Rule to revise its Rules and Regulations “ (the “Rules”)  to reflect modern technology, such as E-Filing, and eliminate references to telegraphs, carbon copies, and the requirements for hard copy submissions and multiple copies, and to eliminate legalistic terms” from the Rules.

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ILN Today Post

Do You Have A Will?

If the answer is “no,” a recent survey shows that you are not alone.  Only only 4 in 10 American adults have a will a will or trust in place.  While older Americans are more likely to have a plan in place (81 percent of those age 72 or older and 58 percent of boomers), younger Americans, including those at ages with minor children, are much less likely to have a plan.  A “a whopping 78 percent of millennials (ages 18-36) and 64 percent of Generation Xers (ages 37-52) do not have a will.”  See this AARP article for more information about the survey results.

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ILN Today Post

Brexit: Take it or leave it?

The contents of European treaties do not generally achieve public notoriety. But – after acrimonious parliamentary debates, Supreme Court challenges and yards of press coverage – everyone has now heard of Article 50 of the Lisbon Treaty.

As part of a deal to secure Parliamentary approval to trigger the EU withdrawal process under Article 50, Prime Minister Theresa May conceded that the deal negotiated with the Council of Ministers would be placed before MPs for approval before it goes to the European Parliament, which must consent to any Article 50 deal before it can be formally signed off.

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ILN Today Post

Udpegning/valg af kurator – hvem bestemmer?

Et ældre og kendt udsagn siger: Den enes død den andens brød. Det gælder også i relation til fallerede virksomheder og kuratorudpegning/-valg. Artiklens emne er ikke nyt, men spørgsmålet stilles ofte. Baggrunden for spørgsmålet er som regel, at spørgeren har en opfattelse af, at kurator i visse situationer kan være overordentlig enøjet og udelukkende ser sagen fra hovedkreditors side – den kreditor, der har størst indflydelse på kuratorudpegningen/kuratorvalget. Ifølge konkurslovens § 238, stk. 1, skal blandt andet kurator være habil, hvilket betyder, at han ikke må være afhængig af skyldneren, ligesom der ikke af andre grunde må kunne rejses tvivl om kurators upartiskhed i det foreliggende bospørgsmål.

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A Temporal Limitation on the Reach of DTSA Claims

As we have written about and discussed extensively on this blog over the past year, the Defend Trade Secrets Act (“DTSA”) – enacted on May 11, 2016 – provides the first private federal cause of action for trade secret misappropriation, allowing parties to sue in federal court for trade secret misappropriation regardless of the dollar value of the trade secrets at issue.  Given that the law is less than a year old, federal courts seeing DTSA cases for the first time are still parsing through its language and clarifying its scope.  Although it is still a developing issue, two recent decisions reveal a limitation and viable defense to DTSA claims:  a plaintiff asserting a DTSA claim must allege facts showing that acts of misappropriation occurred after DTSA came into effect.

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HR and Payroll Departments Should Beware of Phishing Scams This Tax Season

Our colleagues Brian G. Cesaratto and Adam S. Forman, at Epstein Becker Green, have a post on the Technology Employment Law blog that will be of interest to many of our readers in the retail industry: “Phishing Scam Targets Human Resources and Payroll Departments.”

Following is an excerpt:

Human Resources and Payroll should advise employees in their departments to be on the lookout for the latest tax season phishing scam designed to steal employees’ tax related information and social security numbers. Given the regular frequency of these types of attacks, employers should be taking appropriate steps to safeguard employee Personally Identifiable Information (“PII”).  At a minimum, Human Resources should have in place written policies regarding the handling of employee PII and provide training designed to protect employee PII against a data breach.  Because Human Resources works with employee PII on an everyday basis, it may be the best equipped to secure sensitive personnel information against the type of fraudulent scheme highlighted in the recent IRS alert. …

What preventative steps can be taken to guard against these attacks? Human Resources should ensure that policies and procedures are in place requiring that the sending of employees’ confidential tax related information by email only be done with 100% confidence that the intended recipient is within the organization and has requested the information. Indeed, the IRS advises that employers consider adopting written policies that govern the electronic distribution of confidential employee Form W-2s and tax related information. …

Read the full post here.

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