Monthly Archives: September 2019

No negligence in tragic accident

The District Court has recently dismissed a claim arising from serious injuries sustained in a fall from a roof, finding that the occupier had no duty of care to warn of an obvious risk of harm.
Keven Gors attended at a house with his brother to remove a hot water system unit from the roof. The intention was to transfer the hot water system to a house in which he was living. Mr Gors and the defendants were neighbouring farmers.

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OIG Approves Per-Click Fee Arrangement for Online Healthcare Directory

On September 10, 2019, the Office of Inspector General of the Department of Health and Human Services (“OIG”) published Advisory Opinion 19-04.  In this favorable opinion, OIG approved a technology company’s proposal to make its online healthcare directory search results visible to federal healthcare beneficiaries in locations where the company charges the healthcare professionals a per-click or per-booking fee to be included in the directory.  It also approved the company’s proposal to make sponsored advertisements that appear on its online healthcare directory and on third-party websites visible to federal healthcare beneficiaries.

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ILN Today Post

Privacy Regimes for Protecting Biometric Information

Enforcement of biometric privacy laws has been on the rise, starting with the Illinois case Rosenbach v. Six Flags (discussed in a January alert), which held that statutory non-compliance with the Illinois Biometric Information Privacy Act (BIPA) constitutes sufficient injury to permit suits for damages and injunctive relief. The acquisition of biometric information also is being scrutinized under the European Union’s (EU’s) General Data Protection Regulation (GDPR), with the Swedish Data Protection Authority recently issuing a $20,650 fine to a school that used biometric facial recognition technology to record attendance.

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The District of Delaware Holds Patent Description for Bacon Product Indefinite

An indefinite patent description will pass muster when pigs fly.  In HIP, Inc. v. Hormel Foods Corporation et al., C.A. 18-615-CFC (D. Del. June 24, 2019), the United States District Court for the District of Delaware held that a patent failed to meet the requirement of 35 U.S.C. § 112 that a patent’s description must not be indefinite.  As a result, the Court held that U.S. Patent Number 9,510,610 (the “#610 patent”) was invalid.

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Fair Work Commission finds dismissal following Facebook tirade to be harsh

The Fair Work Commission (FWC) has once again considered the persistent challenges raised by an employee’s use of social media outside work.

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Breach of Formal Warranty Leads to the Suspension of Insurance Coverage

Jusce Guylène Beaugé of the Quebec Superior Court recently rendered a judgment dismissing legal proceedings instuted by insureds against their insurer while granng the laer’s cross-claim on the grounds that there was a breach of a formal warranty. Miller c. Promutuel Boréale, société mutuelle d’assurances générales, 2019 QCCS 1288.

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Regulations for WA Work Health and Safety

The public consultation phase for the Work Health and Safety Act for Western Australia (WHS Act (WA)) ended on 31 August 2018.

On Tuesday 27 August 2019, Western Australian Industrial Relations Minister Bill Johnston announced that they are now seeking submissions on the introduction of three sets of Work Health and Safety (WHS) regulations to support the WHS Act (WA). The proposed regulations are:

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HHS and FDA Propose Action Plan for the Importation of Certain Foreign Drugs into the United States

In an effort to address the challenge of increasing drug prices for patients and families, the U.S. Food and Drug Administration (“FDA”) and the U.S. Department of Health and Human Services (“HHS”) recently outlined a proposal for facilitating the importation of pharmaceuticals originally intended for foreign markets.  The Safe Importation Action Plan (the “Action Plan”), jointly announced on July 31, 2019, describes two different potential pathways for importing certain drugs. The Action Plan offers only a limited overview of the proposed pathways and does not provide much detail on how these pathways would be implemented.

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An Overview of the SEC’s “Regulation Best Interest” and Form CRS

Broker-dealers (“BDs”) should be aware that, on June 5, 2019, the SEC adopted “Regulation Best Interest” (“Reg BI”), which requires BDs and their registered representatives (“RRs”) to “act in the best interest of the retail customer,” when “making a recommendation” regarding “a securities transaction or investment strategy.”  In addition, the SEC’s new rules require BDs to deliver Form CRS relationship summaries (“Form CRS”) to retail customers.  BDs will need to be in compliance with Reg BI and Form CRS, which were accompanied by more than 1,000 pages of explanation, by June 30, 2020.   On August 7, 2019, FINRA issued Notice 19-26, which informed BDs and RRs of the need to comply, but offered no guidance on compliance.  This post summarizes some of the key aspects of Reg BI and Form CRS.

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Talking Tax – Issue 170

Meeting the personal services business tests

The Administrative Appeals Tribunal (Tribunal) in the case of Ariss v Commissioner of Taxation [2019] AATA 2958 has held that money generated by the Taxpayer’s activities as an IT consultant, and split between the Taxpayer and his wife via a third-party trust arrangement, was in fact personal services income (PSI) and directly assessable to the Taxpayer.

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