Monthly Archives: February 2021

Boyer to Moderate 26th Annual Rubenstein-Walsh Seminar on Ethics and Professionalism

Boyer to Moderate 26th Annual Rubenstein-Walsh Seminar on Ethics and Professionalism

Connolly Gallagher partner Matthew Boyer, Superior Court Judge Mary M. Johnston and District Court Judge Sherry R. Fallon will serve as moderators at the 26th Annual Rubenstein-Walsh Seminar on Ethics and Professionalism “Legal Ethics in a Time of Pandemic” to be held on February 12, 2021, at the Delaware State Bar Association in Wilmington. 

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E-LEGAL® NEWSLETTER – JANUARY 2021

I. EDITORIAL – EXTRAORDINARY ECONOMIC SUPPORT MEASURES; LEGAL REGIME OF ECONOMIC OFFENCES; REGULATION OF THE STATE OF EMERGENCY

In the month of January we highlight, at the legislative level, the approval and publication, on the one hand, of Decree-Law no. 6-C/2021, of January 15, which extended the extraordinary support for the progressive recovery of activity in companies in a situation of business crisis, and, on the other, of Decree-Law no. 6-E/2021, of January 15, which created extraordinary support measures for workers and economic activity, taxpayers, the cultural sector, consumers and commerce, in the context of the state of emergency. Read more…

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Startup India Seed Fund Scheme- Key Features

The Central Government on 21st January 2021 vide its notification no. S.O 414(E) has announced the Startup India Seed Fund Scheme (“Scheme”) with the primary objective of providing financial assistance to startups pertaining to proof of concept, prototype development, product trials, market entry and commercialization. The Scheme will be implemented by the Department for Promotion and Industry and Internal Trade (“DPIIT”) which shall provide financial assistance to startups that have been recognised by the DPIIT and incorporation of the startup should not more than 2 (two) years ago at the time of application, via corpus of Rs. 945 Crore and the same will be disbursed through selected incubators across India.

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The Proposed Prohibition of Cryptocurrency in India

In January 2021, India’s cryptocurrency investors and enthusiasts were shocked when the Lok Sabha Bulletin indicated that the Indian Parliament is considering the introduction of the Cryptocurrency and Regulation of Official Digital Currency Bill, 2021 (the “Crypto Bill”). The Crypto Bill intends to ban “private” cryptocurrencies in India with certain exceptions to promote the underlying technology of cryptocurrency and provide a framework for creating an official digital currency, the central bank digital currency to be issued by the Reserve Bank of India (“RBI”). RBI had previously issued a circular on April 6, 2018 directing the entities regulated by the RBI not to deal in crypto/virtual currencies or provide any services for facilitating any person or entity dealing with or settling virtual currencies, and many banks suspended the current account operations of cryptocurrency platforms which effectively disabled crypto trading. The RBI circular was subsequently set aside by the Supreme Court of India in March 2020 by concluding that the RBI has been conferred with wide powers in the economy of the country, but the measures taken by the RBI for issuance of the circular were not proportionate and therefore violative of Article 19(1)(g) of the Constitution of India (refer our article at https://lexcounsel.in/wp-content/uploads/2020/04/Newsletter-March-14-2020-.pdf).

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Bias in Healthcare Algorithms

The application of artificial intelligence technologies to health care delivery, coding and population management may profoundly alter the manner in which clinicians and others interact with patients, and seek reimbursement. While on one hand, AI may promote better treatment decisions and streamline onerous coding and claims submission, there are risks associated with unintended bias that may be lurking in the algorithms. AI is trained on data. To the extent that data encodes historical bias, that bias may cause unintended errors when applied to new patients. This can result in errors in utilization management, coding, billing and healthcare delivery.

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Superior Court of Quebec Renders Landmark Transgender and Non-Binary Rights Decision

By Doree Levine and Theodora Mourdoukoutas, from our Family Law Group

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On January 28, 2021, in Center for Gender Advocacy v. Attorney General of Quebec, 2021 QCCS 191, Hon. Gregory Moore, J.C.S., the Superior Court of Quebec rendered a landmark human rights decision, invalidating a number of provisions of the Civil Code of Québec [CCQ] that were found to violate Charter rights to dignity and equality of transgender and non-binary people. The decision gives the legislator until December 31, 2021 to amend the relevant provisions to comply with the judgment.

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Rainmaking Recommendation from Jaimie Field: Why You Need to Be Known as An Authority

Join us for this week’s rainmaking recommendation from trainer and coach, Jaimie Field.

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HBO is currently airing a documentary entitled Fake Famous.  The movie’s premise is to see if the filmmakers can take three ordinary 20 somethings and turn them into Instagram Influencers.  Without explaining the entire film of the documentarians using fake bots for followers, likes, and comments, they succeed in turning one woman into an “influencer” – which the film explains is someone with a tremendous number of followers.  As a result of this perceived authority, she received a lot of free stuff from companies just to mention them on her Instagram account and enhanced her acting and modeling career.

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Expansion of Equalisation Levy – Impact on Overseas E-Commerce Companies

Equalisation levy on e-commerce supply or services has been the subject of some debate over the last few years. The Central Government has proposed to introduce certain changes in the aforesaid regime vide the Finance Bill, 2021 (“Bill”).

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Telemedicine Practice through Consultation Centres/Clinics in India: Guidelines and Regulatory Approvals

Onset of COVID 19 pandemic created an urgency in provision of medical services to remote areas through digital and online means and adoption of technology. Prior to March 25, 2020, there was no single consolidated regulation or guideline in India which dealt with the practice of telemedicine. Telemedicine was accordingly governed by the same statutes that govern the ‘practice of medicine’ in India such as Indian Medical Council Act, 1956 (as superseded by the National Medical Commission Act, 2019, the “IMC Act”) and the subsequent rules and regulations issued thereunder.

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The Department of Labor Ends Its Payroll Audit Independent Program

On January 29, 2021, the U.S. Department of Labor announced the immediate termination of its Payroll Audit Independent Determination Program (PAID).  Launched in March 2018 by the Wage and Hour Division (WHD), PAID was intended to resolve wage and hour disputes with greater expediency and at lower cost to employers.  However, in the WHD’s press release, Principal Deputy Administrator Jessica Looman indicated that the program had not achieved the desired effect, stating that the PAID “program deprived workers of their rights and put employers that play by the rules at a disadvantage.”

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