News

IBC proceedings maintainable against a company whose name has been struck off by the Registrar of Companies

 

The Hon’ble National Company Law Appellate Tribunal (“NCLAT”) has held that the Corporate Insolvency Resolution Process (“CIRP”) can be initiated against a company whose name has been struck off by the Registrar of Companies (“ROC”) on an application filed under section 7 or section 9 of the Insolvency and Bankruptcy Code, 2016 (“IBC”) by any creditor or workman of such company.

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California Supreme Court Holds That Employees Cannot Recover Allegedly Unpaid Wages in Lawsuits Brought Under PAGA

We have frequently written about California’s Private Attorneys General Act (“PAGA”), a unique statute that allows private individuals to file suit seeking “civil penalties” on behalf of themselves and other “aggrieved employees.”

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Howard & Howard Continues Expansion of Chicago Office; Welcomes Three New Attorneys

Royal Oak, Michigan-based law firm Howard & Howard recently welcomed Christopher A. Cali, Daniel A. Cotter, and Tejal S. Desai. Expanding the firm’s corporate and business litigation practices, all three will practice out of the Chicago, Illinois office.

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Howard & Howard Congratulates Attorneys Named to Best Lawyers®2020

Royal Oak, Michigan-based law firm Howard & Howard is pleased to announce that thirty-one of our attorneys were selected for inclusion in The Best Lawyers in America© 2020. Lawyers named to the publication were recognized by their peers in the legal industry for their professional excellence in 146 practice areas. For the 2020 Edition of The Best Lawyers in America©, 8.3 million votes were analyzed, which resulted in the inclusion of more than 62,000 lawyers, or approximately 5% of lawyers in private practice in the United States.

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OIG Approves Per-Click Fee Arrangement for Online Healthcare Directory

On September 10, 2019, the Office of Inspector General of the Department of Health and Human Services (“OIG”) published Advisory Opinion 19-04.  In this favorable opinion, OIG approved a technology company’s proposal to make its online healthcare directory search results visible to federal healthcare beneficiaries in locations where the company charges the healthcare professionals a per-click or per-booking fee to be included in the directory.  It also approved the company’s proposal to make sponsored advertisements that appear on its online healthcare directory and on third-party websites visible to federal healthcare beneficiaries.

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Privacy Regimes for Protecting Biometric Information

Enforcement of biometric privacy laws has been on the rise, starting with the Illinois case Rosenbach v. Six Flags (discussed in a January alert), which held that statutory non-compliance with the Illinois Biometric Information Privacy Act (BIPA) constitutes sufficient injury to permit suits for damages and injunctive relief. The acquisition of biometric information also is being scrutinized under the European Union’s (EU’s) General Data Protection Regulation (GDPR), with the Swedish Data Protection Authority recently issuing a $20,650 fine to a school that used biometric facial recognition technology to record attendance.

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Breach of Formal Warranty Leads to the Suspension of Insurance Coverage

Jusce Guylène Beaugé of the Quebec Superior Court recently rendered a judgment dismissing legal proceedings instuted by insureds against their insurer while granng the laer’s cross-claim on the grounds that there was a breach of a formal warranty. Miller c. Promutuel Boréale, société mutuelle d’assurances générales, 2019 QCCS 1288.

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HHS and FDA Propose Action Plan for the Importation of Certain Foreign Drugs into the United States

In an effort to address the challenge of increasing drug prices for patients and families, the U.S. Food and Drug Administration (“FDA”) and the U.S. Department of Health and Human Services (“HHS”) recently outlined a proposal for facilitating the importation of pharmaceuticals originally intended for foreign markets.  The Safe Importation Action Plan (the “Action Plan”), jointly announced on July 31, 2019, describes two different potential pathways for importing certain drugs. The Action Plan offers only a limited overview of the proposed pathways and does not provide much detail on how these pathways would be implemented.

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Employees’ Provident Fund – Aftermath of Vidyamandir Case EPFO’S Caution

On February 28, 2019, the Hon’ble Supreme Court, vide its judgement in the case of The Regional Provident Fund Commissioner (II) West Bengal vs. Vivekananda Vidyamandir and Others (clubbed with other civil appeals) (“Vidyamandir Case”), re-affirmed the position concerning inclusion of certain allowances for determining the provident fund contribution.

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Las Vegas Attorney W. West Allen to Serve as 2019-2020 President-elect of Federal Bar Association

Royal Oak, Michigan-based Howard & Howard is pleased to announce that attorney W. West Allen has been elected to serve as president-elect of the Federal Bar Association (FBA) for the 2019-2020 term. Allen will be sworn in at the organization’s 2019 annual meeting and convention in early September. He will serve as National President of the FBA for the 2020-2021 term.

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