Legal Updates

Podcast: Spilling Secrets: Non-Compete Agreements for In-House and Outside Lawyers – 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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Newsletter – September 2022

I. EDITORIAL – CESSATION OF VALIDITY OF DECREE-LAWS PUBLISHED IN THE CONTEXT OF THE COVID-19 DISEASE PANDEMIC

The month of September was characterised, in legislative terms, by the publication of the Decree-Law No. 66-A/2022, of 30 September, which determined the cessation of the validity of decree-laws published in the context of the COVID-19 disease pandemic and by the publication of the Decree-Law No. 57-C/2022, of 6 September, which established exceptional measures to support families in order to mitigate the effects of inflation. Read more…

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Pending New York City Legislation Would Create Further Price Transparency Requirements for Hospitals, and Impose Severe Penalties for Noncompliance

In September of this year, New York City Councilwoman Julie Menin announced her plan to introduce a series of bills that would create further price transparency requirements for hospitals, with noncompliance resulting in high financial penalties.

The bill package would create an office of hospital accountability that would inform the public as to how much hospitals are charging for various services via a price transparency information portal, where hospitals would be required to provide certain key pricing information to the public. Currently, such pricing data is not typically available for public access, and patients typically have little knowledge regarding how much they will be charged for services.

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Cyprus Insolvency Procedures

  1. The Legal Framework

Insolvency matters in Cyprus are governed by the Bankruptcy Law Cap.5, which deals with the bankruptcy of natural persons, and the Companies Law Cap.113, supplemented by the Companies (Winding Up) Rules and certain provisions of the Bankruptcy Law which regulate the insolvency of legal persons.

In 2015 the Cypriot Insolvency Law has been substantially amended and expanded in order to provide for the possibility of debt restructuring of natural persons through personal repayment plans and debt relief orders by the enactment of the Insolvency of Natural Persons (Personal Repayment Plans and Debt Relief Order) Law of 2015 (L. 65(I)/2015).

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DOL Proposes New Rule Regarding Independent Contractor Status

In light of the federal court ruling reinstating the Trump-era independent contractor regulation (discussed here), on October 13, 2022, the Department of Labor published a Notice of Proposed Rulemaking regarding independent contractor status under the Fair Labor Standards Act.

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Four Years After EKRA: Reminders for Clinical Laboratories

It has been four years since Congress enacted the Eliminating Kickbacks in Recovery Act (“EKRA”), codified at 18 U.S.C. § 220. EKRA initially targeted patient brokering and kickback schemes within the addiction treatment and recovery spaces. However, since EKRA was expansively drafted to also apply to clinical laboratories (it applies to improper referrals for any “service”, regardless of the payor), public as well as private insurance plans and even self-pay patients fall within the reach of the statute.

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The White House Releases “Blueprint for an AI Bill of Rights: Making Automated Systems Work for the American People”

On Tuesday October 4, 2022, the White House Office of Science and Technology Policy (“OSTP”) released a document entitled “Blueprint for an AI Bill of Rights: Making Automated Systems Work for the American People” (the “Blueprint”) together with a companion document “From Principles to Practice: A Technical Companion to the Blueprint for an AI Bill of Rights” (the “Technical Companion”).

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SEC Penalizes Kim Kardashian Over $1 Million for Paid Crypto Post

The Securities and Exchange Commission (SEC) settled with Kim Kardashian over allegations she violated Section 17(b) of the Securities Act (the “Act”) by publishing an Instagram post promoting the crypto-currency, EthereumMax token (EMAX), to her 250 million followers, without adequate disclosures. Kardashian received approximately $250,000 for this post.Under Section 17(b), it is unlawful for any person to publish or promote “any communication which describes a [purchasable] security for a consideration…without fully disclosing the receipt…of such consideration and the amount thereof.” Section 17(b)’s mandate to include the amount paid for a securities post goes over and above the more widely known Federal Trade Commission (FTC) requirement that all paid social posts be clearly and conspicuously disclosed as advertising. Read more…

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Video: EEOC’s LGBTQ+ Guidance Blocked, Employer COVID-19 Update, NYC Prepares for Pay Transparency Law – Employment Law This Week

As featured in #WorkforceWednesday:  This week, we look at updates ranging from discrimination issues and COVID-19 guidance to local pay transparency law compliance.

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Enforcement in Quebec of Foreign Judgments: Restraint Is in Order With Abusive Clauses

Quebec law allows for the recognition and enforcement of judgments rendered by foreign courts. Although these decisions are rendered according to foreign laws, can or must Quebec courts take into consideration the Quebec and Canadian public order principles in deciding whether to recognize such judgments?

In Awanda c. AMBC Ventures Inc., 2022 QCCA 1133, the Court of Appeal had the opportunity to answer this question.

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