Legal Updates

Cryptocurrency and tax – determining the ‘market value’ of cryptocurrency

For various reasons, those who regularly transact and trade in cryptocurrency will often use exchanges that are based offshore. Importantly, these exchanges will rarely quote the value of cryptocurrency in Australian dollars.

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Effective January 1, 2019 Delaware Imposes Mandatory Sexual Harassment Training and Creates New Spin on Existing Protections

The Delaware Discrimination in Employment Act has always provided a cause of action for sexual harassment under the umbrella of sex discrimination. However, new Delaware law, effective January 1, 2019, expressly addresses Delaware’s take on sexual harassment. In many ways, the new law is redundant with existing legal rights and responsibilities, thus simply creating a new section of the law to bring the same claim. In other ways, the new law at least arguably is different. In still other ways, the new law creates new obligations and new claims, which certainly require attention and action by employers.

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Tenth Circuit Holds That the False Claims Act Does Not Protect Post-Employment Retaliation

On November 6, 2018, the U.S. Court of Appeals for the Tenth Circuit handed down a decision that impacts employers across all industries, including the financial services industry. In a “win” for employers, the Tenth Circuit ruled that “…the False Claims Act’s anti-retaliation provision unambiguously excludes relief for retaliatory acts which occur after the employee has left employment.” Potts v. Center for Excellence in Higher Education, Inc., No. 17-1143 (10th Cir. Nov. 6, 2018).

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The Aged Care Royal Commission – first shots fired

The largest 100 aged care service providers in Australia will have very recently received initial correspondence from the Royal Commission into Aged Care Quality and Safety (Commission) inviting early submissions.

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Financial Services in Focus – Issue 16

Funds and financial products

ASIC extends relief for non-cash payment facilities

On 16 November, ASIC has amended the ASIC Corporations (Non-cash Payment Facilities) Instrument 2016/211 to remove an expiry date that would have seen the instrument ceasing to operate in March 2019.

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Taken for a ride: Foodora rider found to be an employee

In a controversial decision, a single Commissioner of the Fair Work Commission has found that a delivery rider engaged as an independent contractor by food delivery company Foodora was, in fact, an employee.

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Can I Bring Cannabis from Canada Home?

Cannabis has been legalized in Canada as of October 17, 2018. What does this mean for employers with employees traveling to and from Canada? Can travelers from Canada to the United States with legally purchased cannabis simply drive to a state where recreational or medical use of cannabis is legal? The bottom line: Employers should remind employees that they cannot cross into the United States with Canadian cannabis under any circumstances.

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The Pursuit of Truth in Advertising: Regulatory

As mentioned in my previous blog post, I gave a presentation at the 40th Annual Association of National Advertisers/Brand Activation Association Marketing Law Conference titled “The Pursuit of ‘Truth’ in Advertising.” It explored how consumers view the truth in this era of fake news and alternative facts, and how this changing understanding of the truth has affected the advertising ecosystem and the practice of advertising law. Today, I will share the second installment in my series of highlights from my presentation.

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Baldacchino – The NSW Court of Appeal reviews the exceptions to Section 59A and defines the scope of what is an ‘artificial aid’

The NSW Court of Appeal recently dealt with the issue of whether a proposed knee replacement is an ‘artificial aid‘ within the meaning of section 59A of the Workers Compensation Act 1987 (1987 Act).

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Corporate Downsizing: Federal Government proposes changes to large proprietary company thresholds

On 16 November, the Federal Government released for public consultation exposure draft regulations, Corporations Amendment (Proprietary Company Thresholds) Regulations 2018 (Regulations). The Regulations propose to reduce the financial reporting burden for some proprietary companies by increasing the thresholds for determining what constitutes a large proprietary company under the Corporations Act.

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