Monthly Archives: July 2019

ILN Today Post

Texas amends data breach notification law

 

 

 

 

Texas has amended its data breach notification law to create new reporting requirements and deadlines.

The amendments, effective Jan. 1, 2020, require an entity that experiences a data breach to notify impacted individuals within 60 days of discovery. Previously, the law only required notice to impacted residents “as quickly as possible.” Additionally, the new law requires notification to the Texas Attorney General, also within 60 days of discovery, if a breach impacts more than 250 Texas residents. The Attorney General notification must include a detailed description of the nature and circumstances of the breach or the use of the sensitive information acquired as a result of the breach; the number of Texas residents impacted by the breach; measures taken or intended to be taken in response to the breach; and information concerning whether law enforcement is investigating the breach. The law previously did not require notice to be made to the Texas Attorney General.

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ILN Today Post

Howard & Howard Expands Financial Institutions Practice

 

 

 

 

Howard & Howard is pleased to announce that Joseph E. Silvia has joined the Firm. He will practice out of the Chicago, Illinois office.

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Proposed Regulation Prohibiting Gender Identity Discrimination Conforms Division of Human Rights’ Regulations to Executive Law

 

 

 

 

 

After a long legislative battle, the New York State Gender Expression Non-Discrimination Act (“GENDA” or “Law”), which was signed into law and became effective on January 25, 2019, explicitly added “gender identity or expression” as a protected class under the state’s non-discrimination laws. Now, under a proposed state regulation, the New York State Division of Human Rights (“DHR”) would amend its regulations, codified in NYCRR §466.13, prohibiting discrimination on the basis of gender identity, gender expression, and transgender status to conform with the Law.

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Hawaii Decriminalizes Possession of Small Amounts of Marijuana

 

 

 

 

On July 9, 2019, Hawaii became the 26th state to decriminalize possession of small amounts of marijuana. HB 1383 (the “Law”), which became law when Governor David Ige allowed the veto deadline to pass without signing or striking down the bill, decriminalizes the possession of up to three grams of marijuana. It will go into effect on January 11, 2020.

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Rainmaking Recommendation from Jaimie Field: It’s Not Rocket Science

 

 

 

 

 

 

 

 

Are you stuck thinking that business development is too big of a hurdle? Read today’s guest post from rainmaking expert and trainer, Jaimie Field, to find out why it’s not rocket science.

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Talking Tax – Issue 163

 

 

 

 

 

Income protection and superannuation insurance payments: assessable or not?

In YCNM and Federal Commissioner of Taxation [2019] AATA 1592, the Administrative Appeals Tribunal (AAT), found that a lump sum payment made under an income protection insurance policy was partly assessable as income under section 6-5 of the Income Tax Assessment Act 1997 (Cth) (Act). The AAT concluded that the portion of the lump sum attributable to a superannuation contribution insurance policy was not assessable as income.

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Southern District of New York Rules Federal Law Preempts New York State Law Banning Arbitration of Sexual Harassment Claims

 

 

 

 

Many retail employers require their employees to agree to arbitrate employment-related disputes as a condition of employment. The United States Supreme Court has repeatedly emphasized that workplace arbitration agreements are enforceable according to their terms, and state law that restricts such enforcement is preempted by the Federal Arbitration Act (“FAA”). Notwithstanding those pronouncements, states, such as New York and New Jersey, have crafted legislation designed to nullify an employee’s agreement to arbitrate certain employment-related claims.

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Feds Exhibit Continued Interest in Prosecuting Illegal Relationships Between Laboratories and Marketers

 

 

 

 

On July 8, 2019, Anthony Camillo, owner of Allegiance Medical Laboratory and AMS Medical Laboratory, was sentenced to 30 months in prison by a federal judge in the Eastern District of Missouri. He was ordered to pay $3.4 million in restitution for violations of the anti-kickback statute, associated conspiracy charges, and illegal kickbacks related to various health care fraud schemes to defraud federal health care benefit programs. Those operating in the clinical laboratory testing space or referring specimens to such laboratories should know that what happened in this case is likely a bellwether of continued enforcement action by the federal government with respect to marketing arrangements involving laboratory testing of human tissue.

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Caution for Bidders when Replying to a Call for Tenders

 

 

Tender documents often specify that proportionate unit prices must be included in the bids submitted. This requirement allows the client to compare proposals with more accuracy. Can a bidder ignore these specifications and rely solely on the total price of its bid to assert its competitive position?

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Establishment of the Intellectual Property (IP) List in the Court of First Instance of the Hong Kong High Court

 

 

 

 

According to the 2018 Global Competitiveness Report released by the World Economic Forum, Hong Kong was ranked 9th out of 140 economies in terms of IP protection.  In accordance with the recommendations made by the Working Group on IP Trading in 2015 (of which the writer is a member), a wide range of measures were introduced to enhance Hong Kong’s role as an IP trading hub to serve overseas IP owners/users as well as those in Mainland China (rising as a major intellectual property user, buyer, provider and seller) including those on legal services and  dispute resolution.

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