Monthly Archives: July 2019

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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Employment Law This Week®: State Legislation Heats Up, NLRB Overturns Precedent, SCOTUS Term Ends

This Employment Law This Week® Monthly Rundown discusses the most important developments for employers in July 2019. Both the video and the extended audio podcast are now available.

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CGT relief from selling the main residence more than 2 years after death

The Australian Taxation Office (ATO) has provided useful guidance and ‘safe harbours’ for when the executors or beneficiaries of a deceased estate can access the Capital Gains Tax (CGT) main residence exemption for a property that was the deceased’s main residence at the time of their death.

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ILN Today Post

Howard & Howard Donates $12.5K to Tyler Robinson Foundation to Aid Families of Pediatric Cancer Patients

Howard & Howard has donated $12,500 to the Tyler Robinson Foundation. The donation was made in support of the Battle for Vegas charity softball game played June 15 in front of a sold-out crowd at Las Vegas Ballpark, which included attorneys from Howard & Howard’s Las Vegas office. The game featured players from the Golden Knights, Oakland Raiders, and other athletes and celebrities. In total, more than $136,000 was raised at the event.

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ILN Today Post

Joe Silvia to Present at Conference of State Bank Supervisors Legal Seminar in Chicago on July 22

Joe Silvia, a partner at the Howard & Howard law firm, will be a presenter at the Conference of State Bank Supervisors (CSBS) Legal Seminar on July 22, 2019 at the Westin Michigan Avenue Hotel in Chicago.

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ILN Today Post

Cleaver Fulton Rankin’s Private Client department is top ranked in Chambers

The Private Client department at Cleaver Fulton Rankin has been top ranked in the latest edition of Chambers High Net Worth Guide.

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New Maine Law Bans No-Poach Agreements and Dramatically Limits Noncompetes

The recently passed Act to Promote Keeping Workers in Maine is poised to dramatically alter the status of restrictive covenants in Maine.  The Act accomplishes this by: (1) prohibiting employers from entering into no-poach agreements with one another; (2) barring employers from entering into noncompetes with lower wage employees; (3) limiting employers’ ability to enforce noncompetes; (4) mandating advanced disclosure of noncompete obligations; and (5) imposing a time delay between when an employee agrees to the terms of a noncompete and when the noncompete obligations actually go into effect.  In addition to barring the enforcement of noncompliant noncompetes, the Act authorizes the Maine Department of Labor to impose monetary civil fines of “not less than $5,000” on employers who enter into non-complaint agreements.  The Act apples to contracts entered into or renewed after September 18, 2019, so Maine employers should not waste time in revising their agreements to comply with the Act.

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