Monthly Archives: February 2020

Fixing the Two Biggest Networking Blunders that Lawyers Make

None of us are perfect networkers/relationship builders.

Yes, it seems to come more easily to some than to others, but it’s not an exact science. For the most part, it’s an ever-adapting process that we’re constantly refining based on our current goals and our target’s needs.

But there are a couple of areas that we tend to go astray with building relationships, and that’s where we’re going to focus today.

Blunder One: Goal? What goal?

Does this sound familiar?

An event comes up that you’d like to attend, so you register to go. On that evening, you show up, meet a few people and share some conversation. You may even get some business cards, and hand out a few of your own. You return to work the following day, and you don’t hear anything from anyone that you met. You had a nice time, but that was it.

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HHS Addresses Federal Court Invalidation of Certain Provisions of the HIPAA rule Relating to the Third-Party Requests for Patient Records

On January 28, 2020, the Department of Health & Human Services (“HHS”) Office for Civil Rights (“OCR”) addressed a federal court’s January 23rd invalidation of certain provisions of the Health Insurance Portability and Accountability Act (“HIPAA”) rule relating to the third-party requests for patient records. In Ciox Health, LLC v. Azar,[1] the court invalidated the 2013 Omnibus Rule’s mandate that all protected health information (“PHI”) maintained in any format (not just that in the electronic health record) by a covered entity be delivered to third parties at the request of an individual, as well as the 2016 limitation on fees that can be charged to third parties for copies of protected health information (“PHI”).

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Conciliation Explained

Conciliation is a process which is similar to mediation for resolving disputes. Harry Fehily reconciles when to use this alternative dispute resolution method

In Brief: Conciliation is an alternative dispute resolution method. In Ireland, conciliation is primarily used for the resolution of disputes in the construction industry. Whether or not, given the recently introduced adjudication system for construction disputes, it continues to be used by the construction industry, it should still be recognised as a viable, efficient and cost-effective dispute resolution system in its own right and widely adopted in other areas.

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SLAPPs: Martin Côté at the “Grands rendez-vous de la formation du Barreau”

February 10, 2020 — This week, the Quebec Bar is offering an important continuing education activity where numerous topics will be discussed.

On Thursday, February 13, Martin Côté will be taking part in this session, presenting a lecture on “Poursuites-bâillons — Où en sommes-nous dix ans après l’entrée en vigueur des dispositions du Code de procédure civile visant à contrer de telles poursuites” (SLAPPs : Where do we stand ten years after the coming into force of the rules in the Code of Civil Procedure to counter SLAPP proceedings).

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California Federal Court Issues Detailed Decision Explaining Its Preliminary Injunction to Block Anti-Arbitration Law

As we wrote here, United States District Court Judge Kimberly J. Mueller of the Eastern District of California wrote a brief “minute order” explaining that she was issuing a preliminary injunction to halt enforcement of California’s controversial anti-arbitration law, known as AB 51.

The new law, which was set to go into effect on January 1, 2020, would outlaw mandatory arbitration agreements with employees. AB 51 would also prohibit arbitration agreements that would require individuals to take affirmative action to be excluded from arbitration, such as opting out.  The law would also appear to extend to jury waivers and class action waivers. And it would include criminal penalties.

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Time Is Money: A Quick Wage-Hour Tip on… Permissible Deductions from Exempt Employees’ Pay

Most employers are well aware that employees must be paid on a “salary basis” to be considered exempt from the overtime requirements of the Fair Labor Standards Act (“FLSA”). This means employees must receive the same amount of pay each week regardless of the amount or quality of work they perform for a given week. Accordingly, exempt employees must be paid their full weekly salary for any week in which they perform work, whether or not the employee has actually worked a full work week. See 29 C.F.R. § 541.602(a)(1).

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The new EU-Singapore Partnership Agreements

The new EU-Singapore Partnership Agreements
Authors: Stefano Rossi, Eugenio Del Monte The trade agreement between the EU and the Republic…
Stefano Rossi
Eugenio Del Monte

UE-SINGAPORE: TRADE AND INVESTMENT AGREEMENT

 

Introduction

On November 8, 2019, the Member States of the European Union (EU) approved the trade agreement between the EU and Singapore, which therefore entered into force on November 21. An investment protection agreement has also been concluded between the EU and Singapore, which may enter into force after ratification by all EU Member States according to their respective national proceedings. These are the first bilateral trade agreements signed between the EU and a Member State of the Association of Southeast Asian Nations (ASEAN).

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Fifth Circuit Upholds Proposed Reasonable Accommodation Offered in Response to Mandatory Vaccination Policy

We have written extensively on mandatory vaccination policies and employers’ obligations to accommodate requests for exemption based on religious or disability grounds.  The Fifth Circuit Court of Appeals has issued a recent decision that provides helpful guidance to employers who mandate vaccinations.  In Horvath v. City of Leander, No. 18-51011 (5th Cir. Jan. 9, 2020), the Fifth Circuit held that the defendant City of Leander did not violate a firefighter’s religious freedom when it discharged the firefighter after he refused to choose either of two accommodations to the municipality’s vaccination requirement.

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DANGER for Insurers Who Contest a Wellington Motion Alleging a Breach of Formal Warranty

By Patrick Henry, from our Insurance Law Practice Group

February 7, 2020 — When a Wellington Motion is presented by an insured in the course of proceedings, it seeks an order forcing an insurer to assume its defence without having to await the final decision on the merits of the case. It is analogous to an injunction in the course of proceedings. The consequence for an insurer of losing this type of motion is to force the insurer to assume the defence of the insured at its expense through its own attorneys. However, in cases where the insurer does not raise the interpretation of the policy in relation to the allegations of the lawsuit but rather the violation of a formal warranty, there is a real additional danger for the insurer who contests.

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Rainmaking Recommendation from Jaimie Field: 10 Best Networking Practices for Networking Events

Continuing with the theme of International Networking Week is a post from rainmaking trainer and expert, Jaimie Field, who’s bringing you ten best networking practices for networking events.

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Apparently, according to my friend and colleague, Lindsay Griffiths, the Executive Director of the International Lawyers Network, it’s International Networking Week. I had no idea that there even was such a thing until last year.  It is to celebrate how networking helps business professionals grow their businesses. 

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