Monthly Archives: October 2019

The insurer’s obligation to defend and indemnify: A subject revisited, yet still current

By Marika Douville, from our Insurance Law Practice Group.

October 22, 2019 — In Développement les Terrasses de l’Île inc. c. Intact, compagnie d’assurances, 2019 QCCA 1440, the Court of Appeal of Quebec examined claims for the cost of repairing construction defects and the cost of repairing the damage caused by the defects, and had to decide the extent of the insurer’s obligation to provide a defence to the insureds, who were allegedly responsible for the defects.

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Telemental Health Laws – 2019 Survey and App Update Released

I’m pleased to announce that we’ve released the 2019 update of our Telemental Health Laws survey. Now in its fourth year, the survey covers state telehealth laws, regulations, and policies within mental health and is available as a complimentary app for iPhoneiPad, and Android devices.

Please see our full announcement detailing milestones achieved in 2019, current barriers, and opportunities for 2020 and beyond: “Epstein Becker Green Finds Telehealth Services Are Increasingly Accessible to Mental Health Professionals Despite Legislative Barriers.”

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ILN Today Post

Litigators of the Week: How O’Melveny, Willkie and Epstein Becker Litigators Teamed Up to Challenge Trump’s Wall

“Our challenge was not a partisan effort or about political views, but rather a defense of the Constitution and delicate balance between the executive and legislative branches upon which our government is founded.”

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NJ Department of Labor Adopts Regulations on Suspension and Revocation of Employer Licenses

Continuing New Jersey’s efforts to eliminate and to hold employers accountable for employee misclassification, the state’s Department of Labor and Workforce Development (NJDOL) recently adopted Regulations implementing a 2010 law (“Law”) that empowers the NJDOL Commissioner (“Commissioner”) under certain circumstances to direct the suspension or revocation of one or more licenses held by an employer who has failed to maintain and report required State wage, benefits and tax records or who has failed to pay wages, benefits, taxes or other contributions required by State law.  The Regulations specifically empower the Commissioner to direct the suspension and revocation of State-issued occupational and professional licenses, such as for physicians, dentists and other licensed healthcare professionals, where such individuals have management responsibilities sufficient to be deemed an “employer.”  Incorporating the definition of employer contained in Article 1 of New Jersey’s “Wages” law N.J.S.A. 34:11-4.1(a), the Regulation states,  “the officers of a corporation and any agents having the management of such corporation shall be deemed to be the employers of the employees of the corporation.”

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Will your exterior signs be French enough on November 24, 2019?

October 17, 2019 — New requirements on commercial signage will soon be mandatory. If your business displays on its exterior signs a trademark in a language other than French, you must ensure that they comply with these new requirements, otherwise sanctions could be applied against you.

Richard Uditsky explains these new requirements.

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ILN Today Post

FAR FROM IMPOSSIBLE… THE LEGAL CHALLENGES OF TELEWORKING

While the number of people employed in teleworking or home office is growing rapidly across the world, many firms are not aware of what this entails in legal terms. Yet, those employing workers outside of the office are often faced with unexpected risks.

More…

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ILN Today Post

State Department Proposes New Guidelines for the Export of Surveillance Technology Aimed at Addressing Human Rights Concerns

Should human rights concerns be a consideration for exporters engaged in international trade? New draft guidance proposed by the U.S. Department of State aims to provide a potential roadmap for tackling this issue.

On September 4, 2019, the State Department’s Internet Freedom and Business & Human Rights Section of the Bureau of Democracy, Human Rights, and Labor released draft guidance for “Surveillance Technology” exports.[1] If adopted, this guidance could add another layer to the export control process.

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Rainmaking Recommendation from Jaimie Field: Follow Up For Success Revisited

In today’s rainmaking recommendation post, coach and trainer, Jaimie Field is talking about a huge pet peeve of mine – a lack of follow up, and the impact it can have on your business development efforts.

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Way back in April 2014, I came across some sales statistics which floored me.  In Rainmaking Recommendation #95, I wrote about Following Up for Success.  There was a meme that was floating around that looked like this:

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Th-Inking About The Law: Tattoos Leaving Indelible Marks On Black-Letter Principles & Coloring Our Perspectives

Tattoos, one of the oldest art forms in the world, are all over the legal news in recent years.  The news runs the gamut from a tattooist suing a movie studio over replication of Mike Tyson’s facial tattoo in The Hangover II to artists looking to gaming companies for compensation for reproduction of tattoos appearing on video game avatars of professional athletes, which even made it into the Wall Street Journal and been the subject of court decisions earlier this year and late last year. Even more recently it has included a Larry Bird’s mural being altered, at his request, to remove tattoos an artist had added for a modernizing flourish. (BTW, speaking of murals, the Chuck Wepner mural I had written about has been painted over). It has also included law enforcement receiving criticism from many directions for “Photo-Shopping” tattoos out of pictures of suspects used in policy photo arrays.  Just recently, Cardi B was sued for using a photo of a tattoo on her album cover. Though the examples above may most resonate with a US domestic audience, the copyright and other legal issues emerging from, and connected to, tattooing are being considered worldwide.   Consequently, it seems like an area worth exploring here.

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ILN Today Post

D.C. Circuit Weighs in on Issue of Willfulness in Prosecutions for Unlawful Exports

What is the appropriate standard for determining whether a defendant has acted willfully in violation of the Arms Export Control Act (“AECA”)? On August 20, 2019, the U.S. Court of Appeals for the District of Columbia Circuit (“D.C. Circuit”) weighed in on this question in U.S. v. Burden. Specifically, the court examined the definition of willfulness as it relates to the unlawful exporting of defense articles without a license.[1]

Exports and imports of defense articles are governed by the AECA.  The AECA serves the purpose of furthering the national security and foreign policy of the United States and the International Traffic in Arms Regulations (“ITAR”) are the regulations that implement the AECA. In this case, the defendant was convicted for violating the AECA for exporting gun parts to Thailand without a license. During trial, the district court instructed the jury that in order to find that the defendant willfully violated the law, the jury must find that “the defendant knew that his conduct was unlawful.”[2] The jury found the defendant guilty and he appealed, arguing that his conviction should be overturned, in part, because the jury was provided with the improper standard required for a conviction. On appeal, the D.C. Circuit examined the willfulness standard provided in the district court’s instruction.

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