Legal Updates

NEW BUILDS: THE PROS AND CONS OF BUYING A NEW BUILD PROPERTY IN TODAY’S MARKET

Some like shiny new homes. Some don’t. While everyone’s taste differs, demand for properties is so high at present that many potential buyers cannot afford to be overly picky and perhaps require to use their heads more than their hearts. If we leave all predilections at the door, what are the pros and cons of buying a new build property in today’s market? Read more…

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Llinks Legal Alert – Labor & Employment Law (May 2022)

Llinks Legal Alerts focus on cutting-edge labor law topics and brings you most updated legislation trend. Please stay tuned with us.  Read more…

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A change of company share ownership may result in the impossibility of continuing the execution of an “in-house” contract

On 12 May 2022, the Court of Justice of the European Union further clarified the scope of the in-house exemption provided for in Article 12 of Directive 2014/24/EU (case C-719/20).

Under Article 12(3) of Directive 2014/24, a public contract may be awarded to a legal person without applying the Directive (i.e., without a public procurement procedure) provided that (i) the contracting authority exercises jointly with other contracting authorities a control over that legal person which is similar to that which they exercise over their own departments; (ii) more than 80 % of the activities of that legal person are carried out in the performance of tasks entrusted to it by the controlling contracting authorities or by other legal persons controlled by the same contracting authorities; and (iii) subject to certain exceptions, there is no direct private capital participation in the controlled legal person. Read more…

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“Material Changes” to New Hampshire’s Noncompete Law Proposed

We have written recently about legislative action in various states concerning their restrictive covenant laws, including Washington state’s prohibitions on nondisclosure and nondisparagement provisions in employment agreements, a proposal in Connecticut to codify limitations on noncompetes, and a law passed in Colorado that would limit the use and enforcement of noncompetes and non-solicitation provisions. Another state that is considering new noncompete legislation is New Hampshire.

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Supreme Court Holds That Judges Can’t Invent Rules Governing Arbitration Waiver

Litigators who defend cases brought under the Fair Labor Standards Act (“FLSA”), particularly ‘collective actions” alleging wage-and-hour violations, often have been able to counter, or even sometimes support, allegations that arbitration agreements have been waived where the conduct of a party has caused prejudice to the other side. In the case of Morgan v. Sundance, Inc., a unanimous Supreme Court has now held that the determinant of waiver is solely dependent upon the nature and magnitude of the actions of the party that might be inconsistent with arbitration, without respect to alleged prejudice.

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Protecting Health Care Trade Secrets with Non-Competes and Other Covenants

How can health care employers use non-competes and other restrictive covenants to protect trade secrets? Attorneys Erik Weibust and Katherine Rigby explore the options available to employers, in an article for Law360.

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Video: AI Technology Regulations, Transparency in AI, OSHA’s Permanent COVID-19 Standard – Employment Law This Week

As featured in #WorkforceWednesdayThis week, we focus on compliance and transparency when using artificial intelligence (AI) tools in employment decision-making.

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What Principles of Explainability and Transparency Should an Employer Consider When Using Video Interviewing and Similar Automated Hiring Tools?

Prompted by the widespread adoption and use of video-conferencing software following the COVID-19 pandemic, many employers have shifted toward video interviews to evaluate potential hires. Even as employers have begun to require in-office attendance, the widespread use of video interviewing has continued, because it is a convenient and efficient way to evaluate applicants. Some of the video interviewing tools used by employers incorporate the use of artificial intelligence (AI) in an effort to maximize the effectiveness of the interview process. Often, employers contract with third-party vendors to provide these AI-powered interviewing tools, as well as other tech-enhanced selection procedures.

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Russia Restrictions Could Be a Blueprint for U.S. Response if China Invades Taiwan

On May 23, 2022, President Joe Biden, when asked whether the United States would get involved militarily if China invaded Taiwan, answered firmly, “Yes. That’s the commitment we made.”  As the world watches the war in Ukraine, many wonder whether China will take similar actions with respect to Taiwan, and what the United States’ response would be, both military and otherwise. The United States has loosed a salvo of new sanctions and export controls in response to Russia’s February 24 invasion of Ukraine. This article, in turn, examines potential sanctions, export controls, and import restrictions the United States could place on Beijing in the event of an incursion against Taiwan.

To access the full article, click Here.

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Podcast: OSHA’s Permanent COVID-19 Standard and Enforcement Blitz – Diagnosing Health Care

In this episode of the Diagnosing Health Care Podcast:  What challenges are providers likely to face as the Occupational Safety and Health Administration (OSHA) prepares its permanent COVID-19 standard for health care workers?

Attorneys Denise DadikaBob O’Hara, and Tim Murphy review the provisions of OSHA’s temporary COVID-19 standard for health care workers and what’s expected to change under the permanent rules. They also discuss how the agency’s current enforcement push is impacting health care providers.

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