In a recent decision1, the Queensland Court of Appeal upheld a decision that a deed of release, drafted in general terms to release the employee from all claims arising from her employment, did not extend to conduct the employer was unaware of at the time of execution.
Monthly Archives: April 2019
We have been following a new federal program that provides federal tax benefits for qualifying investments in geographically designated Opportunity Zones. As part of federal tax reform in 2017, Congress created the Opportunity Zone program to encourage investment in low-income areas. Last October the IRS and Treasury Department issued proposed regulations to provide investors with further guidance on the program. Now, the Ohio General Assembly is seriously considering a tax credit against the Ohio income tax with similar policy objectives in mind.
Funds and financial products
Design and Distribution Obligations and Product Intervention Powers legislation passes Senate
In today’s rainmaking recommendations post, coach and trainer, Jaimie Field is talking about what happens when you get writer’s block – and she event mentions yours truly!
The District Court has recently dismissed a worker’s appeal against a finding that he was not entitled to weekly payments on the basis of total incapacity for a period after he was made redundant until he obtained new employment and thereafter for a residual partial incapacity.
Harden Your Organization’s Domain Name System (DNS) Security To Protect Against Damaging Data Loss and Insider Threat
The importance of the Domain Name System (DNS) to your organization’s cybersecurity cannot be understated. Communications between computers on the Internet depend on DNS to get to their intended destination. Network communications begin with a query to DNS to resolve the human readable domain name to a numeric Internet Protocol (IP) address required by computers to route the transmission. A malicious party who is able to exploit a weakness in DNS can re-route sensitive traffic, including Protected Health Information (PHI), Personally Identifiable Information (PII) and other valuable information from the intended recipient to the malicious actor. Indeed, as recent attacks on DNS indicate, even encrypting the communication may not be an effective countermeasure because the transmission can be decrypted after interception. Malicious employees and other insiders may also abuse DNS as a side channel to covertly exfiltrate the organization’s most sensitive proprietary information avoiding Data Loss Prevention (DLP) countermeasures that may operate at different layers of the communication process. The recent attacks reported by the Department of Homeland Security reinforce the need to protect DNS functionality as a fundamental component of your organization’s overall cybersecurity and compliance strategy.
On March 27, 2019, the FDA announced that it would be proposing new amendments to key regulations regarding mammography facilities that would require these entities “to tell women more about how dense breast tissue can affect their health and increase their cancer risk.” The proposed changes to mammography facility regulations would be the first issued in more than 20 years. The FDA believes the change will “expand the information mammography facilities must provide to patients and health care professionals, allowing for more informed medical decision-making.” In addition, FDA is proposing to modernize quality standards by, for example, expressly authorizing FDA communications with patients and practitioners in the event of quality issues, requiring use of FDA-approved or -cleared digital accessories, and strengthening recordkeeping requirements. These changes not only enhance regulatory requirements, but likely foreshadow increasing enforcement and communications from FDA with regard to mammography services.
While the rest of us were busy filling out our NCAA tournament brackets, the U.S. Department of Labor (DOL) was engaged in another kind of March Madness. In a flurry of activity during the month of March, the DOL issued two notices of significant Fair Labor Standards Act (FLSA) rulemaking along with three new Opinion Letters on Fair Labor Standards Act (FMLA) and FLSA issues.
FDA Commissioner Gottlieb Says Agency Will Not Tolerate Deceptive Marketing of CBD Products; Issues Warning Letters
On April 2, 2019, FDA issued a press release featuring a statement from FDA Commissioner Scott Gottlieb announcing the Agency’s latest enforcement actions taken against companies engaging in unlawful marketing of cannabidiol (CBD) products. Coming just days before Gottlieb’s anticipated departure from the Agency, this news otherwise is unsurprising given recent events on the federal and state level. In a December 2018 press release issued on the heels of the Farm Bill’s passage, FDA forecast its intention to step up enforcement against CBD products, and earlier this year state and local governments initiated seizures of CBD products from store shelves. For manufacturers, retailers, and consumers, the takeaway from these recent statements and actions is that it remains unlawful under the Federal Food Drug and Cosmetic (FD&C) Act to market conventional foods or dietary supplements containing CBD.
Apple Closed Two of Its Stores in Eastern Texas. The Reasoning May Surprise You – How patent laws can affect key business decisions
Apple, the technology giant which runs successful Apple Stores all over the world, announced that it will close its only two stores in eastern Texas by Friday, April 12.