Legal Updates

New ASIC industry funding legislation: regulated entities now required to pay annual levy to ASIC

The Federal Government’s new industry funding laws have changed the way the Australian Securities & Investments Commission (ASIC) is funded, with compliance costs being passed on to organisations regulated by ASIC. Regulated entities are now required to pay an annual levy to fund ASIC’s regulatory activities, with industry subsectors that create a greater need for ASIC regulation paying a higher levy.

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Creation of Courts of Cassation and Appellate Courts

On 30 July 2018, the Federal Constitutional Law № 1 FKZ “On amending the Federal Constitutional law «On the Judicial System of the Russian Federation» and certain Federal Constitutional Laws in regard to creating general jurisdiction courts of cassation and general jurisdiction appellate courts” dated 29 July 2018 was published. In respect thereof, the system of judicial review is changing. According to the new law, the judicial system will be as follows:

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Seven Davis Malm Attorneys Recognized by 2019 Best Lawyers 2019®

Davis Malm announces that seven of its shareholders were recently selected by their peers for inclusion in The Best Lawyers in America© 2019. Published by Woodward/White, Inc., Best Lawyers® is considered by many as the oldest and most respected peer review publication in the legal profession.

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13 Connolly Gallagher Lawyers Listed in The Best Lawyers in America® 2019

13 Connolly Gallagher Lawyers Listed in The Best Lawyers in America® 2019

 

 

 

 

Thirteen lawyers from Connolly Gallagher LLP were selected for inclusion in the 2019 edition of The Best Lawyers in America®.  The results are based on peer-review evaluations from more than 79,000 eligible attorneys.

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Will Federal Special Registration Exception Preempt More Stringent State Rules on Remote Prescribing of Controlled Substances?

The Ryan Haight Act Online Pharmacy Consumer Protection Act of 2008 (21 U.S.C. § 802(54)) (the “Ryan Haight Act” or “Act”) expanded the federal Controlled Substances Act to define appropriate internet usage in the dispensing and prescribing of schedule drugs, and in doing so effectively banned the issuance of prescriptions via telemedicine services for any controlled substances unless the ordering physician has conducted at least one in-person evaluation of the patient. The Act includes multiple exceptions that permit prescribing of controlled substances without conducting an in-person evaluation, the most relevant to the practice of telemedicine being the mandate that the Drug Enforcement Administration (“DEA”) or other federal agency establish rules for a “Special Registration” to be utilized by health care providers. However, despite the statutory mandate, since the 2008 passing of the Act neither the DEA nor any other federal agency has promulgated any regulation or other guidance regarding the development and implementation of such a Special Registration process.

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NLRB Implements Changes to Case Processing – Announces Early Retirement and Voluntary Separation Programs for Professional Staff

Since earlier this year, reports have circulated that National Labor Relations Board (“NLRB” or “Board”) General Counsel Peter Robb planned to introduce changes in its case handling processes and organizational structure that would move certain authority away from the Regional Directors and transfer substantive decision making authority to Washington. While the General Counsel denied the specifics, he acknowledged that as the Board was faced with a reduced case load and budgetary pressures, some changes would be necessary and appropriate. It now appears safe to say that change is indeed coming to the NLRB and that more is likely.

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Poultry company avoids blame for ‘fowl’ play

On 3 August 2018, Inghams Enterprise Pty Ltd (Inghams) successfully appealed a decision by the District Court of Queensland which found the company negligent for failing to protect a female employee from being attacked by an ex-employee whilst returning to her car after her shift. The Queensland Court of Appeal allowed the appeal on the basis the trial judge erred in finding that Inghams’ breach of duty caused the employee’s injury.

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Near enough can be sometimes be good enough

Investigating misconduct complaints in the workplace is never easy for any employer, but the recent decision of the Fair Work Commission in Natoli v Envision Employment Services [2018] FWC 4034 should provide some comfort: an investigation need not be perfect for an employer to be able to rely upon it in dismissing an errant employee.

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Massachusetts Adopts Paid Family and Medical Leave and Increases the Minimum Wage

On June 28, 2018, Massachusetts Governor Charlie Baker signed into law “An Act Relative to Minimum Wage, Paid Family Medical Leave And The State Tax Holiday.” Dubbed a “grand bargain” due to its successful passage through the compromise of legislators, the business community, and workers’ rights advocates, this new law has significant implications for Massachusetts employers. Specifically, Massachusetts adopted a broad and far-reaching paid family and medical leave for qualifying employees, and it will gradually raise the minimum wage to $15 per hour by the start of 2023. Massachusetts will separately phase out time-and-a-half premium pay for certain employees on Sundays and some holidays. Below is a summary of the key provisions of this new law.

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Amy L. Fracassini Named to Massachusetts Lawyers Weekly’s “Top Women of Law” List

Davis Malm is pleased to announce that firm president, Amy L. Fracassini, has been selected to the Massachusetts Lawyers Weekly 2018 “Top Women of Law” list. This highly coveted honor is presented to exceptional women lawyers who are recognizable pioneers, educators, trailblazers, and role models, and who have made tremendous professional strides and demonstrated great accomplishments in their respective legal fields. Ms. Fracassini and the other award recipients will be honored at a reception on October 18, 2018 in Boston.

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