Monthly Archives: August 2020

Pierre E. Moreau Joins RSS’s Labour and Employment Law Group

August 14, 2020 — RSS is pleased to announce that Pierre E. Moreau, a distinguished expert in labour and employment law, has joined the firm.

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California Supreme Court Applies Rule of Reason Test for “Business Only” Restrictive Covenants

In Ixchel Pharma, LLC v. Biogen, Inc., 20 Cal. Daily Op. Serv. 7729, __ P.3d __(August 3, 2020), the California Supreme Court made it easier for businesses to enforce restrictive covenants against other businesses.  This holding is a directional shift for the Court which had previously narrowly construed the applicable statute (California Business & Professions Code § 16600) when addressing employee mobility issues.

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ILN Today Post

Senators Urge the FTC to Investigate “Privacy Violations” by Adtech Companies

Senators Wyden and Cassidy, along with eight other members of Congress, sent a letter to Federal Trade Commission (FTC) Chairman Joseph Simmons on July 31 urging the FTC to investigate what they called “widespread privacy violations by companies in the advertising technology industry” in connection with the industry’s real time bidding (RTB) practice, the process through which advertisers compete in nearly-instantaneous auctions for individual online advertisements.

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Illinois Non-Compete Laws: Q&A Guide for Employers

Thomson Reuters Practical Law has released the 2020 update to “Non-Compete Laws: Illinois,” a Q&A guide to non-compete agreements between employers and employees for private employers in Illinois, co-authored by our colleagues Peter A. Steinmeyer and David J. Clark at Epstein Becker Green.

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Rainmaking Recommendation from Jaimie Field: Are You Content With Your Content Marketing?

This week’s rainmaking recommendation from expert Jaimie Field covers one of my favorite topics, content marketing!

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Content Marketing has been around for quite a while now.  For those lawyers who are confused as to what content marketing is I love this definition by Joe Pulizzi, the creator of the Content Marketing Institute:

Content marketing is a strategic marketing approach focused on creating and distributing valuable, relevant, and consistent content to attract and retain a clearly defined audience — and, ultimately, to drive profitable customer action.”

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Be Aware Before You Share: Vetting Third Party Apps Prior to Data Transfer

As consumerism in healthcare increases, companies and the individuals they serve are increasingly sharing data with third-party application developers that provide innovative ways to manage health and wellness, among numerous other products that leverage individuals’ identifiable health data.  As the third-party application space continues to expand and data sharing becomes more prevalent, it is critical that such data sharing is done in a responsible manner and in accordance with applicable privacy and security standards. Yet, complying with applicable standards requires striking the right balance between rules promoting interoperability vis-à-vis prohibiting information blocking vs. ensuring patient privacy is protected. This is especially difficult when data is sent to third party applications that remain largely unregulated from a privacy and security perspective.  Navigating this policy ‘tug of war’ will be critical for organizations to comply with the rules, but also maintain consumer confidence.

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GENERIC.COM — REGISTRABLE IN CANADA?

The U.S. Supreme Court recently confirmed that a “generic.com” term may be eligible for federal trademark registration in the U.S., in certain circumstances. We will review the relevant decisions, discuss the Canadian legal framework with respect to registration of such mark and consider the implications of seeking registration of a “generic.com” or a “generic.ca” mark in Canada.

The Relevant Decisions

In United States Patent and Trademark Office v. Booking.com B.V, the travel reservation company Booking.com B.V. (“BBV“) sought to register four marks, each containing the term “Booking.com”, with the United States Patent and Trademark Office (“USPTO“). BBV offers its travel reservation services under the brand “Booking.com” and operates a website with the same domain name.

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Law Firm ILN-telligence Podcast | Episode 12: Marie Macdonald | Miller Samuel Hill Brown

Marie Macdonald is Chairman of Miller Samuel Hill Brown, in Glasgow, Scotland, a member of the International Lawyers Network. In this episode, we talk about the importance of communication throughout a crisis (be it pandemic or otherwise), how lessons learned in 2008/2009 prepared her to face the challenges of 2020, and the long-lasting impacts of this year. Tune in below!

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Ride Share Companies Likely to Appeal California TRO Requiring Them to Treat Drivers as Employees Continue Reading…

We have written here frequently about California’s controversial AB 5 law, which permits companies to treat workers as independent contractors only if they satisfy a stringent “ABC” test.

The broad statue, unambiguously written to try to force companies to treat gig economy workers as employees, has been the subject of a great deal of debate and litigation, including a state court action filed by the State Attorney General trying to force ride share companies to treat their drivers as employees.

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Marianne Poliquin Admitted to the Ordre des conseillers en ressources humaines agréés

August 11, 2020 — Marianne Poliquin, from our Labour and Employment Law Group, has just been admitted to the Ordre des conseillers en ressources humaines agréés — Quebec’s professional order of chartered human resources advisors. As the name suggests, the order focuses on the development of skills and practices related to the management of personnel. Since it falls under the scope of the Professional Code, its members must abide by a code of ethics and further their continuing education.

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