On September 23, 2018, California’s Governor Jerry Brown announced that he signed SB 1121 into law. SB 1121 modifies the California Consumer Privacy Act of 2018 (the “Act”), which was passed earlier this year (discussed in a September 2018 alert). SB 1121 leaves the Act largely intact, but it does clarify certain aspects of the Act, as briefly discussed below.
Monthly Archives: October 2018
When people think of a stereotypical start-up founder, they likely imagine a happy Richard Branson sipping champagne and taking his superyacht out for a spin around his private island in the Caribbean. But the reality is that, for your everyday founder, this image couldn’t be further from the truth.
The Department of Justice (DOJ) announced this week that it has entered into a settlement agreement with Davita Medical Holdings (Davita) for $270 million dollars to resolve certain False Claims Act liability related to Medicare Advantage risk adjustment payments.
In May, the U.S. Supreme Court ruled in Epic Systems Corp. v. Lewis that employers may lawfully require employees to sign arbitration agreements that include a waiver of the right to participate in an employee class action lawsuit or arbitration. Below, we discuss the significance of this decision and highlight issues that employers may wish to consider in the wake of it.
SRO come up short-sighted: distributions to beneficiaries not viewed as ‘wages’ for payroll tax purposes
In an important win for healthcare clinics, the Supreme Court of Victoria in Commissioner of State Revenue v The Optical Superstore Pty Ltd  VSC 524 dismissed the Commissioner of State Revenue’s appeal and agreed with the Victorian Civil and Administrative Tribunal (VCAT) that trust distributions made to Optometrist Entities were not “wages” within the meaning of Payroll Tax Act 2007 (Vic) (PTA).
One of the less talked about implications of losing capacity in old age is that Inheritance Tax (IHT) planning often becomes impossible without court intervention. Incapable wealthy family members cannot make gifts because they lack the capacity to authorise them. Even if they have had the foresight to sign a Property & Financial Affairs Lasting Power of Attorney, by law an attorney’s ability to make gifts is extremely limited and this cannot be overridden by any terms placed in the Lasting Power. If the member lacks capacity and there is going to be a big IHT bill to pay on their death, the only option is to make an application to the Court of Protection for authority to make a substantial gift.
D.C. Council Gives Initial Approval to Legislation Overturning Voter-Approved Elimination of Tip Credit Continue Reading…
In our July 9, 2018 post we reported that a seven-member majority of the D.C. Council had introduced a bill, Bill 22-0913 (Tipped Wage Workers Fairness Amendment Act of 2018) to repeal Initiative 77, an initiative that District of Columbia voters approved on June 27, 2018 that would incrementally increase the minimum cash wage for tipped workers to $15.00 per hour by July 1, 2025 and effectively eliminate the tip credit starting July 1, 2026. We also noted that no further action would occur until this Fall due to a two-month summer recess.
Group Health Plans Cannot Categorically Exclude Coverage for Gender Dysphoria, Say Two More Federal Courts
Employers and health plans should be aware that two recent federal decisions have recognized that the non-discrimination provision in the Affordable Care Act prohibits discrimination on the basis of gender identity. Plans cannot categorically exclude coverage for procedures to treat gender dysphoria.
The respondent alleged he was a passenger in a vehicle involved in a motor vehicle accident on 20 November 2012. The appellant was the driver of that vehicle.
Suppose that you want to file a design patent application for an article that is three-dimensional. What views of the article will you need for the design patent application that will be sufficient to support your claim? The answer is a sufficient number of views to constitute a complete disclosure of the appearance of the design.