It was another successful year in Chicago at the 40th Annual Association of National Advertisers/Brand Activation Association Marketing Law Conference. During Friday’s general session, I gave a presentation titled “The Pursuit of ‘Truth’ in Advertising,” taking a look at how consumers view the truth in this era of fake news and alternative facts, and how this changing understanding of the truth has affected the advertising ecosystem and the practice of advertising law. In the next series of posts, I will share some highlights from my presentation. Let’s dive into the first one…
Monthly Archives: November 2018
Reflections on the proposed Design and Distribution Obligations and ASIC Product Intervention Powers
In this article, we briefly outline the proposed design and distribution obligations and ASIC’s product intervention powers and offer some reflections on the issues arising particularly for product issuers.
Draft law designed to adopt electronic employment record books has been prepared by the Russian Ministry of labor (“Draft law”). As of the date of this legal update publication the Draft law undergoes public discussions stage1.
On November 19, 2018, a new ETA Form 9035, Labor Condition Application for Nonimmigrant Workers (“LCA”), will be fully implemented and “go live.” The LCA must be completed before any H-1B petition can be filed or approved by the U.S. Citizenship and Immigration Services (“USCIS”). A key change to the LCA will require an employer to indicate whether a foreign worker will be placed at a client or third-party worksite and then enter that client’s or third party’s legal business name and address. This new version of the LCA will also require additional information from H-1B dependent employers that rely on the master’s degree exemption.
Supreme Court finds that the State Revenue Office made a payroll tax mistake
In Nationwide Towing & Transport Pty Ltd v Cmr of State Revenue (No 2)  VSC 609, the Victorian Supreme Court determined that the taxpayer’s payroll tax assessments should be set aside, as an error of statutory interpretation had been made by the State Revenue Office, and the Commissioner of State Revenue (Commissioner) should reconsider whether the exemption for contractors who ordinarily perform services of that kind to the public generally had in fact been satisfied.
Victorian Minister for Health Jill Hennessy recently announced a new ‘automatic assessment’ system which will determine whether a patient is suitable for organ donation. While Victoria has the highest number of deceased organ donations in Australia, many people are still waiting up to four years for an organ transplant. The automatic assessment has been trialled at the Royal Melbourne Hospital over the past four years and resulted in an increase in the donation rates.
Royal Oak, Michigan, November 15, 2018: Howard & Howard Attorneys PLLC is pleased to announce that Kayla R. Mullen has joined the firm. She will practice out of the firm’s Royal Oak office.
The ILN is proud to announce our latest firm of the month, Howard & Howard, Las Vegas!
Founded in 1869, Howard & Howard Attorneys PLLC (“H&H”) is a full-service law firm with a national and international practice that provides legal services to businesses and business owners. The firm has offices in Michigan (Ann Arbor and Royal Oak); Illinois (Chicago and Peoria); Las Vegas, Nevada; and Los Angeles, California.
On November 1, 2018, the Office of the Inspector General (“OIG”) for the U.S. Department of Health and Human Services (“HHS”) published an audit report finding that the U.S. Food and Drug Administration’s (“FDA”) policies and procedures were “deficient for addressing medical device cybersecurity compromises.” (A copy of OIG’s complete report is available here and Report in Brief is available here.) Specifically, the OIG found that FDA’s policies and procedures were “insufficient for handling postmarket medical device cybersecurity events” and that FDA had not adequately tested its ability to respond to emergencies resulting from cybersecurity events in medical devices. Although the OIG report “did not identify evidence that FDA mismanaged or responded untimely to a reported medical device cybersecurity event,” it noted that “existing policies and procedures did not include effective practices for responding to these events.”