Legal Updates

Do Makers of Children’s Connected Toys Need a Time-Out to Comply with COPPA?

Ask a parent about their biggest concern when it comes to having their young children log too much screen time on tablets or smart phones, and you’re likely to hear answers ranging from poor academic performance to simply not getting outside more to blow off steam.

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Davis Malm Adds Kevin J. Milton to its Business Law and Banking and Credit Practices

The Boston law firm of Davis, Malm & D’Agostine, P.C. announces that Kevin J. Milton has joined the firm as an associate in the Business Law and Banking and Credit areas. Mr. Milton assists with general corporate law and finance matters, including corporate formation, commercial transactions, private equity, and corporate governance. Prior to joining Davis Malm, Mr. Milton held internship positions at Beth Israel Deaconess Medical Center, Office of the General Counsel; United States Attorney’s Office, Criminal Division; Plymouth County District Attorney’s Office; and several private practice firms in Boston.

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Sexual Harassment in the Workplace: What Austrian Companies Need to Know

What constitutes sexual harassment?

Sexual harassment is a behavior towards another human being where the abuser harms the dignity of the victim and creates an intimidating, hostile or humiliating working environment. The victim feels shock, horror, fear, revulsion, indignation, anger or shame. Sexual harassment can appear in all forms of verbal abuse, as well as physical actions. Whereas physical actions are always forbidden, verbal or also nonverbal abuses are not punished if they don’t happen at the workplace. Ordering someone to harass someone is a form of sexual harassment as well as discriminating someone because of their sexual orientation or sex in general.

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Corporate trustees and ipso facto reforms

The Treasury Laws Amendment (2017 Enterprise Incentives No. 2) Act 2017 (Cth) (Act) introduced new laws which operate to stay the enforcement of ipso facto clauses that are triggered upon a company suffering an insolvency event. These new laws come to effect for contracts entered into on or after 1 July 2018.

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New in procedure of introducing drugs into commercial turnover

On November 28, 2018 the Federal law of November 28, 2018 No. 449-FZ “On amendments being made to separate legal acts regarding introduction of drugs into commercial turnover” (the “Law”) was published on the official web portal of legal information. The main changes introduced by the Law are as follows:

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FDA to Overhaul Medical Device Approval Process

On November 26, 2018, the U.S. Food and Drug Administration (“FDA”) announced the process for clearing most medical devices for marketing is being updated to incorporate changes the FDA laid out in an April draft guidance. For over forty years, most medical devices have entered the United States market through the 510(k) clearance process. The 510(k) process offers an expedited approval process available only for products that are substantially equivalent to products already on the market (known as predicate devices). The FDA is considering no longer allowing sponsors to rely on predicates older than ten years and making public information about cleared devices that relied on predicates more than ten years old. In addition, the FDA intends to finalize guidance establishing an alternative 510(k) pathway with different criteria that reflect current technological principles.

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January reporting deadline approaching for owners and operators of critical infrastructure

If you are a responsible entity for, or direct interest holder in, a ‘critical infrastructure asset’ you have until 11 January 2019 to comply with your initial reporting obligations under the Security of Critical Infrastructure Act 2018. If you have not already done so, now is the time to start considering and collecting the information that you will need to report. This article will assist you in understanding the new reporting framework and your reporting obligations.

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Sweeping victory for RSS before the Supreme Court

December 7, 2018 — This morning, the Supreme Court of Canada released its decision in Brunette v. Legault Joly Thiffault, s.e.n.c.r.l., 2018 SCC 55, a professional liability case with stakes of $55 million. It dismissed the claim at the preliminary stage, restating two legal principles:

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Hall & Wilcox expands national insurance and litigation practice with new appointment

Leading independent business law firm Hall & Wilcox has expanded its national insurance and litigation capabilities following the appointment of Special Counsel Vicky Kossaris, who joined the firm on 3 December.

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Talking Tax – Issue 145

Time limits for claiming input tax or fuel tax credit: open for consultation

In brief

The ATO’s new Draft Miscellaneous Taxation Ruling MT 2018/D1 (Draft Ruling) outlines the Commissioner of Taxation’s (Commissioner) view on time limits applying to the entitlement to claim an input tax or fuel tax credit. The Draft Ruling is open for consultation until 25 January 2019.

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