Legal Updates

Elizabeth Sullivan was featured in "FDA Draft Guidance for Industry on Mobile Medical Applications Released," published by RBMA

Elizabeth Sullivan was featured in “FDA Draft Guidance for Industry on Mobile Medical Applications Released,” published by RBMA

FDA Draft Guidance for Industry on Mobile Medical Applications Released
By: Elizabeth Sullivan

On July 21, 2011, the U.S. Food and Drug Administration (“FDA”) released draft guidance specifying how the FDA intends to oversee regulation of mobile medical applications for smartphones and other mobile computing devices. The guidance identifies the types of mobile medical applications that the FDA intends to focus on and requests industry comment by October 19, 2011. Although the guidance is not binding, it gives a good indication of the FDA’s current position on the regulation of mobile medical applications.

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Heather Kern was featured in "How Not to be a “Horrible Boss”: A Defense Litigator’s Perspective," published by RBMA

Heather Kern was featured in “How Not to be a “Horrible Boss”: A Defense Litigator’s Perspective,” published by RBMA

How Not to be a “Horrible Boss”: A Defense Litigator’s Perspective
By: Heather Kern

The dark comedy “Horrible Bosses” recently opened in theaters across the nation last month. The trailer for the film showcases Colin Farrell’s character directing a subordinate to “trim the fat” by firing all “the fat people.” The other two bosses – played by Jennifer Aniston and Kevin Spacey – are equally despicable.

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Christal Contini was featured in "Considering a Sale of Your Business? Be Familiar with the Concept of an Earnout," published by RBMA

Christal Contini was featured in “Considering a Sale of Your Business? Be Familiar with the Concept of an Earnout,” published by RBMA

Considering a Sale of Your Business? Be Familiar with the Concept of an Earnout
By: Christal Contini

If you are the owner of a radiology group, imaging center or other health industry service provider, you may wonder about the value of your business. If you are trying to sell your business, the answer you receive from a prospective buyer may not meet your expectations and may be downright disappointing. In such a situation, you and your potential buyer may be able to bridge a purchase price gap by using a mechanism called an “earnout”.

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Ohio Statehouse Update: Week in review – August 5, 2011 — Our top "6" subjects you should know

1. Speaker Batchelder writes Governor Kasich with his support for electric deregulation

House Speaker William Batchelder (R-Medina) released a letter to Governor Kasich on Wednesday, August 3, 2011, stating his support for deregulatory energy reforms. While emphasizing the effect that energy policy has on Ohio businesses, the speaker wrote that a robust competitive market is the best way to ensure a reliable and affordable supply of power for consumers. Batchelder also indicated that a House panel spearheaded by Rep. Peter Stautberg (R-Cincinnati), chair of the House Public Utilities Committee, will begin oversight hearings as a review of the State’s regulatory climate in the near future.

The letter follows Kasich’s announcement of an energy summit that will take place September 21 and 22 at The Ohio State University coordinated by Battelle, a leading energy research center in Columbus. The purpose of the summit is to help the Kasich Administration and Ohio policy makers develop a 21st-century energy policy for Ohio. Summit participants will include leaders from the energy sector, business, education, state and local government, the regulatory community, non-governmental organizations, and economic development.

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Facebook’s Sponsored Stories May Become Tales of Woe

In one of Facebook’s latest efforts to monetize the participation of its over 500 million members, the company announced in early 2011 that it will offer advertisers a new opportunity: “Sponsored Stories.”

Sponsored Stories will republish a content user’s post about an advertiser’s brand as part of banner ads. Advertisers can opt to have several types of user-posted content appear as Sponsored Stories, such as page “likes,” check-ins, application engagement, and page posts.

The use of “branded content” or integrating a consumer’s message such as a tweet or Facebook post into a banner or other digital ad is becoming a more consistent part of the daily social media interactions consumers have with each other.

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"How to protect your business from workplace retaliation claims," Nicole Gray Interviewed by Smart Business Magazine

How to protect your business from workplace retaliation claims

Nicole Gray Interviewed by Smart Business Magazine

Workplace retaliation claims are an ever-increasing litigation concern for employers. In 2010 there were more charges of retaliation filed with the U.S. Equal Employment Opportunity Commission (EEOC) than any other type of charge.

“We are certainly seeing an uptick in retaliation claims filed by current and former employees,” says Nicole Gray, an attorney in the Labor and Employment Practice Group at McDonald Hopkins. “Recent decisions by the U.S. Supreme Court that have expanded the rights of employees who complain about retaliation, energetic enforcement by federal agencies, and increased public awareness are all factors that could explain why retaliation claims are becoming more frequent.” 

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Droit de suite

The reports last week of the decision of the Paris High Court regarding the droit de suite (aka artist’s resale right) on the sale of certain paintings by Salvador Dali are a reminder of what is coming our way.  In less than five months the scheme will be extended to the UK, for deceased artists, under EU Directive 2001/84/EC and the Artist’s Resale Right (Amendment) Regulations.

The scheme provides for part of the sale price of works of art, sold on the art market, to be paid to the artist or his or her heirs for 70 years from the artist’s death.  The maximum amount to be paid is €12,500 per item, based on a sliding scale from 4% down to 0.25% of the price.  The UK has dragged its feet for as long as possible, with the right being introduced for living artists in 2006 and it is now to be extended for deceased artists from 1 January 2012, which will quadruple its scope.
There is a fear that the London art market will be damaged as vendors will choose to sell in countries without such a scheme, especially the US, Switzerland and Hong Kong.  That may particularly be the case where there is a collection of items to be sold.  On the other hand, selling art is expensive and the amount paid under the right may make little difference in most cases. 
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Getting the Deal Through – Mining in 35 Jurisdictions Worldwide (Australia)

For the full article, please see the attached PDF.

“Reproduced with permission from Law Business Research. This article was first published in Getting the Deal Through – Mining 2011 (published in July 2011; contributing editors Michael Bourassa and John Turner, Fasken Martineau). For further information please visit www.GettingTheDealThrough.com.”

 

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Getting the Deal Through – Mining in 35 Jurisdictions Worldwide (Papua New Guinea)

For the full article, please see the attached PDF.

“Reproduced with permission from Law Business Research. This article was first published in Getting the Deal Through – Mining 2011 (published in July 2011; contributing editors Michael Bourassa and John Turner, Fasken Martineau). For further information please visit www.GettingTheDealThrough.com.”

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Corporate Breakout Session – Anti-Corruption Laws – Around the World Part I

Following introductory comments from Alishan Naqvee, comments on the FCPA from Stuart Gerson and the UK Bribery Act from Charles Wander, the group discussed their thoughts on anti-corruption legislation in their own countries. The discussion was quite lengthy, so I’ve broken it up into multiple posts.

Sueli Avellar Fonseca began with comments about Brazil, which she noted is rated highly on the corruption scale. She said that all the public departments and politicians engage in corruption. The government had created a commission to investigate the existence of corruption and their conclusion was that there is no evidence. Despite this, over the last eight years of the current government, they have made approximately 20 commissions and these commissions are all paid duties to vote in favor of the government. 

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