Monthly Archives: October 2019

Arrangements, Exceptions, and Modifications – OIG and CMS Challenge the Status Quo

The Centers for Medicare & Medicaid Services (CMS) and the Department of Health and Human Services Office of Inspector General (OIG) issued their long-awaited proposed rules in connection with the Regulatory Sprint to Coordinated Care today.  Transforming our healthcare system to one that pays for value is one of the Department’s top four priorities, and the Deputy Secretary launched the Regulatory Sprint to remove potential regulatory barriers to care coordination and value-based care.

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Setting aside the municipalities’ exemption from liability for firefighting

By Benoît Chartier, from our Insurance Law Practice Group.

October 9, 2019 — As an incentive for municipalities to enhance their firefighting services, the Fire Safety Act grants them an exemption from lawsuits when they have implemented and followed a fire safety cover plan.

However, this exemption is not unconditional: certain principles of liability remain, as seen in the decision of the Superior Court of Québec in Royal & Sun Alliance du Canada, société d’assurances c. Ville de Trois Rivières, 2019 QCCS 3181.

Click here to read more (PDF).

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U.S. DOL Announces Proposed New Rule On Tip Credits And Pooling

Rules relating to tip credit and pooling have resulted in significant debate among legislators, regulators, and the courts, leading to confusion, further litigation, and, in many cases, substantial liability or settlements involving employers that operate in the hospitality industry.  Today, the U.S. Department of Labor (“DOL”) published proposed rulemaking that aims to bring greater clarity to the morass of tip-related legislation, as well as previous agency rules and interpretations.  I describe below some of the notable elements of these proposed rules.

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In Adopting “Contract Coverage” Standard, NLRB Gives Employers Greater Flexibility to Act Unilaterally on Subjects Encompassed by Collective Bargaining Agreements

As summer turned to fall, the National Labor Relations Board (“NLRB” or the “Board”) issued a steady stream of decisions with significant and favorable implications for employers.  In the flurry of recent decisions, the Board addressed misclassification of workers as independent contractors, employers’ rights to control access to private property (Tobin Center for Performing Arts, UPMC, and Kroger Mid-Atlantic), the right to impose class action waivers in the wake of employment lawsuits, withdrawal of union recognition, the appropriate scope of bargaining units, and management’s right to make unilateral changes to terms and conditions of employment that are “covered by” a collective bargaining agreement (“CBA”).

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Rainmaking Recommendation from Jaimie Field: Tick Tock

Following on my recent post about the month of October, Jaimie Field is talking about the last twelve weeks of this year in her latest Rainmaking Recommendation. Also, I was able to negotiate a special rate for Zen readers on Jaimie’s upcoming roadmap class – see the details in her post below!


Time is running out on this year.

In 12 short weeks, the earth will have completed its 365-day orbit around the sun once again.  Look back at the past 40 weeks at when this year started.  Did you have dreams you wanted to achieve? Did you have plans for their attainment? Did you even have goals for this year?

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Stop the Insanity! Sports Trademarks Run Amok

Sports and sports teams have a long history with intellectual property law and, more specifically, trademarks.  Sports teams, colleges, and universities have long trademarked their names and logos, and have routinely and aggressively enforced those rights.  In 1988 Pat Riley, then the head coach of the National Basketball Association’s Los Angeles Lakers, applied for a trademark on the term “three-peat” for shirts, jackets, and hats (U.S Reg. No. 1,552,980).  Subsequently, others have attempted to trademark various terms, such as baseball player Manny Ramierz trademarking the phrase ‘Manny Being Manny’.  In 2012, football player Robert Griffin III filed for seven trademarks: RGIII, RG3, Robert Griffin III, Unbelievably Believable, Go Catch Your Dream, Light You Up, Work Hard Stay Humble, No Pressure No Diamonds, and Dream Big Live Bigger.

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ILN Today Post

Courtney Simmons Volunteers With The Food Project Through BBA Environmental Law Pro Bono and Public Service Committee

On September 21, Courtney Simmons volunteered at The Food Project’s West Cottage Farm in Dorchester, MA as part of a Boston Bar Association (BBA) Environmental Law Pro Bono and Public Service Committee community service event. Courtney and fellow volunteers collaborated with local youth to complete a variety of hands-on farming tasks, including planting, weeding and harvesting.

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ILN Today Post


Can you rescue your raw materials or unfinished products from a company after it goes under insolvency?

The answer is yes, as held by the National Company Law Tribunal (“NCLT”), Chandigarh Bench.   

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Trade Secrets Litigation: 2019 Practice Note Update

I’m pleased to present the 2019 update to our “Trade Secrets Litigation” Practice Note, published by Thomson Reuters Practical Law. My co-author Zachary Jackson and I discuss litigation for employers whose employees have misappropriated trade secrets.

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Employment Law This Week Video: NLRB Wraps Up a Busy Summer 2019

In a Trending News interview from Employment Law This Week®, our colleague RyAnn McKay Hooper of Epstein Becker Green discusses the Republican-majority NLRB’s recent decisions and how they signal a shift in the Board’s focus:

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