Legal Updates

CONSTRUCTIVELY DISMISSED EMPLOYEE ENTITLED TO BONUS PAYMENT DURING NOTICE PERIOD

The Supreme Court of Canada recently released its decision in Matthews v Ocean Nutrition Canada Limited, 2020 SCC 26, awarding a constructively dismissed employee with $1.1 million dollars in damages for his employer’s failure to provide him with 15 months of reasonable notice upon termination, and a bonus payment that realized during his reasonable notice period.

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FTC ACTION REGARDING VIOLATIONS OF THE RESTORE ONLINE SHOPPERS’ CONFIDENCE ACT AND DECEPTIVE COMMERCIAL PRACTICES RESULTS IN $10 MILLION DOLLAR SETTLEMENT

Age of Learning, Inc. (Age of Learning), which operates as ABCmouse, a subscription service for young children’s educational content, agreed to pay $10 million dollars to settle claims by the Federal Trade Commission (FTC) regarding its negative option and billing practices, including its failure to clearly tell parents that their subscriptions would automatically renew at the end of the term.

The Complaint

The FTC filed a complaint against Age of Learning alleging that the company violated the FTC Act by making misrepresentations about cancellations, failing to clearly disclose the terms of the auto-renewal subscriptions and unfairly charging consumers without their prior consent. Read more…

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Part II – Labour Laws: The Code of Social Security, 2020

Legislation of the 3 (three) long awaited labour codes, namely (a) the Industrial Relations Code Bill, 2020; the Code on Social Security Bill, 2020; and the Occupational Safety, Health and Working Conditions Code Bill, 2020 by the Parliament of India on September 23, 2020, marks a major milestone in ushering reforms in the labour sector.

In Part I series of our Labour Laws update, we discussed some of the key changes and provisions introduced by the Industrial Relations Code Bill, 2020 (https://www.mondaq.com/article/995216).  Changes introduced through the Code on Social Security Bill, 2020 are discussed herein, in Part II of the Labour Code series.

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“Ban the Box” Update: St. Louis Enacts Ordinance; California and Hawaii Expand Existing Laws

In the last several years, a growing number of states and municipalities have passed “ban the box” laws that to varying degrees prohibit employers from inquiring into a job applicant’s criminal background until later in the hiring process and/or restrict employers from using certain criminal conviction information in connection with their hiring decisions.  Recently, St. Louis, Missouri joined this group, while California and Hawaii expanded their existing prohibitions on criminal history inquiries.

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Unwinding the ambiguity for FDI in Digital Media Sector

To boost the flagging economy, the Government of India last year announced certain changes to the Foreign Direct Investment Policy (“FDI Policy”) under which investment norms were relaxed in certain sectors. Pursuant to the said announcement, Press Note no. 4 dated September 18, 2019, was released which detailed the amendments to the consolidated FDI Policy concerning coal mining, contract manufacturing and single-brand retail trading. However, one change in the press note which raised questions was the decision to introduce and allow 26% FDI in uploading and streaming of news and current affairs through digital media under the Government approval route.

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New procedure on medical devices import for their further registration

A new procedure on medical devices import for their further registration in Russia1 will enter into force from 1 January 2021.

According to the new procedure, Roszdravnazor (Russian Federal Service for Surveillance in Healthcare) issues an authorization for medical device import for its further registration in electronic format. Such authorization is valid within 1 year and allows the applicant to import a medical device once.

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Secrecy Is a Necessary, but Not Sufficient, Condition of Alleging Information Is “Trade Secret”: a Court Rules Information Must Confer a Competitive Business Advantage to Receive Statutory Trade Secret Protection Under DTSA

In Payward, Inc. v. Runyon, Case No. 20-cv-02130-MMC, the United States District Court for the Northern District of California granted a Rule 12(b)(6) motion, ruling that information alleged to be “secret” failed to qualify as a “trade secret” under the Defend Trade Secrets Act.  The Court applied California and federal precedent explaining trade secret information confers a competitive business advantage, and found the complaint lacked any such allegations.  The decision make sense given the particular allegations in the case.  But does a “competitive business advantage” requirement comport with a strict textualist reading of the DTSA?

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FEDERAL PRIVACY LAW GETTING CLOSER — “SAFE DATA ACT” INTRODUCED

A group of Republican Senators recently introduced the “Setting an American Framework to Ensure Data Access, Transparency and Accountability Act” (SAFE DATA Act) in the latest attempt at passing the first comprehensive federal data privacy law in the United States. The SAFE DATA Act combines provisions from previous data privacy bills supported by the Republican Senators, including the Filter Bubble Transparency Act, the DETOUR Act and the BROWSER Act.

When introducing the bill, the SAFE DATA Act’s sponsors, emphasized the importance of having a federal law which would provide individuals more control and transparency over the use of their personal data, especially in the light of increased online activity due to COVID-19. Read more…

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NEWS FROM ECUADOR: INTERNATIONAL BIDDING

THE MAYOR AND PAST-MAYOR OF GUAYAQUIL (as President of the Bicentennial Committe) ANNOUNCED THE BIDDING OF THE NEW AIRPORT FACILITY.-

v  The final cost of the new Airport, which will have three phases, will be around $1.5 billion

v  TAGSA, the Guayaquil Airport present Concessionaire, presented its permit in order to participate in the construction of the new Airport (Daular).

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Future Electronics v. Chubb Insurance: The Insurer Prevails in Canada’s First Ruling on the Social Engineering Fraud Endorsement

By Nick Krnjevic and Maro Coric, from our Insurance Law Practice Group

October 15, 2020 — The Quebec Superior Court ruling rendered on September 29 in Future Electronics Inc. (Distribution) Pte Ltd. v. Chubb Insurance Company of Canada, 2020 QCCS 3042 is the first Canadian decision, and only the second North American ruling, that has analyzed the interplay between the Social Engineering Fraud, Computer Fraud and Funds Transfer Fraud insuring agreements of a Commercial Crime Policy.[1]

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