With the intention of strengthening its team, and due to significant challenges in key areas of intellectual property, innovation and technology, as well as competition, Chilean law firm Aninat Schwencke & Cía has added to its ranks Senior Counselors Maximiliano Santa-Cruz (Intellectual Property, New Technologies, and Innovation) and Sander van der Voorde (Competition); and as an external advisor on compliance matters Alejandra Vallejos.
Monthly Archives: November 2019
Chilean Aninat Schwencke & Cía. reinforces its areas of Intellectual Property, Technology and Innovation, and Competition
California Ballot Initiative Would Remove Ride-Share and Delivery Drivers from the “ABC” Test Continue Reading…
As we wrote here recently, California’s Governor Gavin Newsom signed a bill known as AB5, which is designed to make it more difficult for companies to treat workers as independent contractors. The new law, which goes into effect on January 1, 2020, codified and expands the “ABC” test adopted by the California Supreme Court in Dynamex Operations West, Inc. v. Superior Court for determining whether workers in California should be classified as employees or as independent contractors.
On August 26, 2019, we wrote of the plan by the U.S. Department of Labor’s Wage and Hour Division (“WHD”) to update the Fair Labor Standard Act (“FLSA”) regulations on calculating overtime pay for salaried non-exempt workers to allow employers to include additional forms of compensation in the so-called “fluctuating workweek” calculations. Under a fluctuating workweek calculation, an employer divides all of an employee’s relevant compensation for a given workweek by the total number of hours the employee worked in the week to derive the regular rate for that week, and then pays one half of that regular rate—in addition to the other pay the employee is receiving for the week—for each hour of overtime. This method of calculating overtime is available under federal law and in most, but not all, states. On November 4, 2019, the WHD released the text of the proposed rule for public comment.
While I’m out of the office today attending the Economist’s Annual General Counsel Conference in London, I’m bringing you another Rainmaking Recommendation from trainer and expert, Jaimie Field! I’m a big fan of Jaimie’s recommendations in this post, and use them myself – in fact, as a holdover from my days in high school (yes, that long ago), I still use a paper agenda to schedule my daily tasks, even breaking up long term projects so that I work on them a little bit every day to make progress. For me, it works really well to have a tangible list that I can cross things off of. I also create a monthly plan, which is tied into my overall operational plan for the ILN, which I review weekly to ensure that I’m maintaining continuity on my goals, and my organization’s goals.
While the seemingly endless wave of website accessibility cases filed by serial plaintiffs shows no signs of abating (a situation not helped by the United States’ Supreme Court’s denial of Domino’s Petition for Certiorari last month), those who follow accessibility law and the businesses who have been deeply affected by the relentless barrage of serial plaintiffs’ claims, have been waiting for the inevitable “next big thing” that the plaintiff’s bar would pursue en masse under Title III of the ADA.
Greg Weinig will present on the 2019 Trust Act: A Primer on What’s New in the First State at the Delaware Banker’s Association 2019 Delaware Trust Conference on October 23, 2019 at the Chase Center on the Riverfront.
ROYAL OAK, Mich., November 5, 2019– Howard & Howard is pleased to announce that attorney Lisa S. Gretchkowas selected to Crain’s Detroit Business 2019 “Notable Women in Law.” The women featured were selected by a team of editors based on their career accomplishments, track record of success in the field, contributions to their community, and mentorship of others.
Over the last few years, data has become more and more popular a subject, as we try to quantify everything to do with our businesses. “Please don’t make me try to quantify my relationships TOO!” I can hear you opining. But I promise, the goal is a worthwhile one.
What is always our goal when it comes to any business development or relationship development tactic? Maximizing the benefit and maximizing efficiency, right?
In order to do that, it makes sense to implement the use of data, even in your relationship development activities.
Today, a final rule issued by the Centers for Medicare & Medicaid Services (CMS) establishing new enforcement initiatives aimed at removing and excluding previously sanctioned entities from Medicare, Medicaid, and the Children’s Health Insurance Program (CHIP) goes into effect. Published September 10 with a comment period that also closed today, the new rule expands CMS’s “program integrity enhancement” capabilities by introducing new revocation and denial authorities and increasing reapplication and enrollment bars as part of the Trump Administration’s efforts to reduce spending. While CMS suggests that only “bad actors” will face additional burdens from the regulation, the new policies will have significant impacts on all providers and suppliers participating in Medicare, Medicaid, and CHIP.
The Ohio House of Representatives on Oct. 23 introduced House Bill 380, which would extend Ohio’s Prompt Pay Act (R.C. 4311.61) to provide payment protection to general contractors in Ohio.
The act currently protects subcontractors by imposing stiff penalties, including 18 percent interest and attorneys’ fees, against general contractors (or higher tier subcontractors) who do not pay subcontractors within 10 days of receiving payment from the owner for work on construction projects in Ohio.
Click here to learn more about the amended bill, which would extend the protection to general contractors by requiring owners to pay general contractors within 35 days of receiving the contractor’s pay application.