Legal Updates

Podcast: Spilling Secrets: When Trade Secret Misappropriation Goes Criminal – Employment Law This Week

As featured in #WorkforceWednesday:  This week, we bring you our special Spilling Secrets podcast series on the future of non-compete and trade secrets law.

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Companies That Use Noncompetes Face Increased Risk of Government Action Following FTC’s Unilateral Expansion of its Enforcement Powers

Perhaps we were wrong. Or perhaps we were just not thinking creatively enough. After President Biden issued his “Executive Order on Promoting Competition in the American Economy,” in which he “encourage[d]” the Federal Trade Commission (FTC) to “consider” exercising its statutory rulemaking authority “to curtail the unfair use of non-compete clauses and other clauses or agreements that may unfairly limit worker mobility,” we assumed that Lina Khan, the 33-year-old Biden-appointed Chair of the FTC (and a vocal opponent of noncompetes), would take the torch and propose a Rule prohibiting, or at the very least severely limiting, the use of noncompetes. And she may still do so.

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Spilling Secrets Podcast: When Trade Secret Misappropriation Goes Criminal

Now on Spilling Secrets, our podcast series on the future of non-compete and trade secrets law:

When faced with trade secret misappropriation, employers must decide how to proceed. In this episode, hear some tips on how and why employers might choose to refer the matter for criminal investigation.

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Application of Quebec’s Automobile Insurance Act: New Rulings From the Court of Appeal

This paper was written under a partnership with the Montreal Association of Insurance Women.

Quebec’s Automobile Insurance Act, CQLR c A-25 [Act], is the object of abundant jurisprudence. The courts are frequently called upon to determine the field of application of the State regime, the object of which is to facilitate prompt compensation of the victim, but which is also sometimes raised by the third party responsible for a damage.

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Just Released: Telemental Health Laws – Download Our Complimentary Survey and App

Interest in and acceptance of telehealth services continues to grow. Recent events, like the COVID-19 pandemic and the U.S. Supreme Court’s ruling in Dobbs v. Jackson Women’s Health Organization, have put more pressure than ever on federal and state legislators to promote access to telehealth services.

However, the greater use of telehealth services also increases the potential for fraudulent behavior and enforcement activity. Providers should continue to monitor developments in federal and state laws, regulations, and policies to capitalize on telehealth opportunities while staying compliant with applicable laws.

Since 2016, Epstein Becker Green has researched, compiled, and analyzed state-specific content relating to the regulatory requirements for professional mental/behavioral health practitioners and stakeholders seeking to provide telehealth-focused services. We are pleased to release our latest compilation of state telehealth laws, regulations, and policies within the mental/behavioral health practice disciplines.

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First Circuit Upholds Employer’s Win in Retaliation Suit

On November 1, 2022, in Dusel v. Factory Mutual Ins. Co., the First Circuit Court of Appeals held that “close temporal proximity” alone does not establish pretext as this evidence “must be considered alongside the . . . record.” Nor does mere close temporal proximity establish pretext where the employer has a legitimate business reason for taking adverse action against the employee, and more particularly, where the employer subsequently discovers the employee’s misconduct in a separate, unrelated matter. Dusel is a win for employers because it signals that engaging in protected activity will not immunize an employee from the consequences of misconduct that violates company policy if the employer enforces its policy consistently and documents the reasons underlying the employee’s discipline.

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Llinks Bulletin: New Competence-Competence in China: A Review of the Draft Revised PRC Arbitration Law

This article aims to introduce the recent development of the competence-competence doctrine in China. The proposed modification of the PRC Arbitration Law seems to have adopted the UNCITRAL Model Law approach, which will bring about a fundamental change in this regime and make Chinese arbitration practice more consistent with international practice.  Read more…

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CENTRAL BANK DIGITAL CURRENCY IN INDIA

In a world where everything is at your fingertips, users now expect quicker and easier payments from any location at any given point in time. In the field of payment and settlement systems, India has always been a nation that has encouraged innovation and growth. Numerous payment mechanisms have been developed over the years for the convenience of the common man. Owing to such convenience, these payment systems were quickly preferred as they provided consumers an alternative to the use of cash.

With the aim to reduce dependency on cash, create an open and inclusive system and to meet the expectations of the modern digital economy of India, the Reserve Bank of India (“RBI”) intends to introduce a new form of money viz. Central Bank Digital Currency (“CBDC”). Through a concept note on CBDC published in October 2022, RBI has broadly defined CBDC as the legal tender issued by a central bank in a digital form. It shall be the sovereign currency holding exclusive advantages such as security, trust, liquidity, finality of settlement and veracity. Read more…

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Newsletter #15 – November 2022

EU LAW & DIGITAL ECONOMY

We are pleased to share with you our Newsletter of November 2022:

COMPETITION LAW 

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Enclaved Purchasers

Did you know that the right of all purchasers who did not lodge and/or submit their sale contract or assignment agreement before the District Land Office lapses on 31.12.2022?

The recent legislation is judged to be fair as it is undoubtedly a significant step for the protection of the purchasers who have fully paid the agreed purchase price according to their sale agreement and have not yet receive the separate title deed of their immovable property for reasons beyond their control.

The legislator in an attempt to further help and assist those purchasers who have not filed their sale agreement or their assignment agreement before the District Land Registry has set the deadline for filing an application with the Court on 31.12.2022. Read more…

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