Monthly Archives: January 2018

Pascale Nolin appointed a judge of the Superior Court

January 22, 2018 — RSS is proud to announce that Pascale Nolin, a long-time partner in its Family Law Practice Group, has been appointed a judge of the Superior Court of Quebec.

Charles E. Flam, the firm’s managing partner, expressed his gratitude towards the Honourable Justice Nolin. “For many years, Pascale helped make our Family Law Practice Group a model of excellence. Of course, we are sad to lose such a brilliant lawyer who was also an esteemed colleague. But she’s following the lead of several RSS lawyers before her, whose skills resulted in their appointment to occupy one of the key positions in the Canadian judicial system. We thank her for her dedication to RSS and to her clients and wish her the great success that she deserves.”

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Mitigating the risk of AI in the legal process

We have partnered with C5 Communications who recently sat down with Kurt Rowe, Insurance, Market Affairs, Technology and Emerging Risks at Weightmans, to discuss how to mitigate the risk of using artificial intelligence in the legal process.

Kurt joined Weightmans in April 2014 following a 15-year career with a major leading insurer. Kurt is a member of the Market Affairs Group with particular oversight of the insurance market, technological developments and emerging risks 

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WA Insurance Round-Up – Issue 5

Contents

Case updates

Workplace injuries

Dismissal of appeal of arbitrator’s decision declining application for additional funding
The importance of objectivity when determining whether discipline is unreasonable and harsh
Application of Napier test on causation for medical expenses
Cause of incapacity essential in determining entitlement to prescribed amount
Worker’s subjective belief does not determine ‘course of employment
Attempts to re-litigate a resolved dispute results in award of indemnity costs
High Court to decide: new category of duty of care for employers?
Safe system of work requires consideration of common degenerative condition
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Draft law on contract manufacturing development of drugs (finished products) has been passed in its first reading by State Duma

On January 19, 2018 State Duma has passed in the first reading the introduced by Russian Government draft law1 (hereinafter – the “Draft law”) providing changes to the Federal law dated 12.04.2010 No. 61-FZ “On drugs (medicines) circulation” (hereinafter – “61-FZ”).
The main changes proposed by the Draft law include the following:
1. Securing the right of foreign drugs (medicines) manufacturers to submit the decision on carrying out an audit instead of a GMP certificate
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New Jersey Amends Its Law Against Discrimination to Provide Protections to Nursing Mothers

On January 8, 2018, former New Jersey Governor Chris Christie signed new legislation (the “Amendment”) amending the New Jersey Law Against Discrimination (“NJLAD”) to add breastfeeding as a protected class under the law. The Amendment, which takes effect immediately, makes it unlawful to discriminate or retaliate against an employee that the employer knows, or should know, is either breastfeeding or expressing milk for her infant child.

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Part 2 Rule Update Modernizes SUD Record Disclosure Regulations

On January 3, 2018 the Substance Use and Mental Health Services Administration (SAMHSA) published a final rule implementing new changes to the Confidentiality of Substance Use Disorder Patient Records, 42 C.F.R. part 2 (Part 2). The Part 2 privacy regulations govern the confidentiality of substance use disorder (SUD) patient records which are maintained in connection […]

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ILN Today Post

United States Supreme Court will hear South Dakota’s case addressing tax obligations of out-of-state retailers

To the delight of the state of South Dakota, the United States Supreme Court accepted its case, South Dakota v. Wayfair, on Jan. 12, 2017. The crux of this lawsuit is the legal permissibility of South Dakota’s spring 2016 law, SB 106, which has a purpose to “provide for the collection of sales taxes from certain remote sellers.” Ultimately, SB-106’s objective is to challenge the U.S. Supreme Court’s 1992 decision in Quill Corp. v. North DakotaQuillbanned states from requiring out-of-state retailers to collect sales taxes on products they ship into those jurisdictions, absent some minimal contact or physical presence.

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Tax revenues from marijuana legalization in jeopardy, but states continue to legalize

According to a Jan. 5, 2018 Pew Research Center survey, as of last October, 61 percent of Americans support the legalization of marijuana. This is up a bit from a year ago, when that figure was 57 percent, but almost double what it was in 2000, 31 percent.

The Pew survey found that support varies widely between different groups. For example, millennials (born between 1980-1994), Gen-Xers (born between 1965-1979), and baby boomers (born between 1946-1964) support legalization at rates of 70 percent, 66 percent and 56 percent respectively. In contrast, 58 percent of the silent generation, those born between mid- 1925 and 1945, oppose legalization, while only 35 percent favor it.

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ILN Today Post

Illinois: Population continues to decline, eroding tax base

At the end of December, Pew Charitable Trusts reported on new U.S. Census Bureau estimates revealing that between July 2016 and July 2017, eight states lost population; “[i]f the estimates hold up, it would be the first time in 30 years that so many states lost residents in a single year.” The states are Alaska, Hawaii, Illinois, Louisiana, Mississippi, North Dakota, West Virginia and Wyoming.

The December report follows a February 2017 piece pointing to population losses in Connecticut, Illinois, Mississippi, New York, Pennsylvania, Vermont, West Virginia and Wyoming between 2015 and 2016. This puts Illinois, Mississippi, West Virginia and Wyoming as the four states that have seen consistent population declines since 2015.

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U.S. DOL Adopts “Primary Beneficiary” Test to Determine Whether Unpaid Interns Are Employees Continue Reading…

In a move allowing increased flexibility for employers and greater opportunity for unpaid interns to gain valuable industry experience, the United States Department of Labor (“DOL”) recently issued Field Assistance Bulletin No. 2018-2, adopting the “primary beneficiary” test used by several federal appellate courts to determine whether unpaid interns at for-profit employers are employees for purposes of the Fair Labor Standards Act. If interns are, indeed, deemed employees, they must be paid minimum wage and overtime, and cannot serve as interns without pay. The “primary beneficiary” test adopted by the DOL examines the economic reality of the relationship between the unpaid intern and the employer to determine which party is the primary beneficiary of the relationship. Unlike the DOL’s previous test, the “primary beneficiary” test allows for greater flexibility because no single factor is determinative.

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