Following the Recent Regulatory Trends, NLRB General Counsel Seeks to Limit Employers’ Use of Artificial Intelligence in the Workplace

On October 31, 2022, the General Counsel of the National Labor Relations Board (“NLRB” or “Board”) released Memorandum GC 23-02 urging the Board to interpret existing Board law to adopt a new legal framework to find electronic monitoring and automated or algorithmic management practices illegal if such monitoring or management practices interfere with protected activities under Section 7 of the National Labor Relations Act (“Act”).  The Board’s General Counsel stated in the Memorandum that “[c]lose, constant surveillance and management through electronic means threaten employees’ basic ability to exercise their rights,” and urged the Board to find that an employer violates the Act where the employer’s electronic monitoring and management practices, when viewed as a whole, would tend to “interfere with or prevent a reasonable employee from engaging in activity protected by the Act.”  Given that position, it appears that the General Counsel believes that nearly all electronic monitoring and automated or algorithmic management practices violate the Act.

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The Globe and Mail: RSS Remains a Front-runner Among Law Firms for the Insurance Industry

The Globe and Mail just published its second annual list of the best-rated law firms in the country. RSS is recognized for its insurance law practice.

The rating was based on research conducted by Statista from a survey that drew over 3,100 responses containing more than 10,000 recommendations. The process excluded self-recommendations and recommendations of one’s own firm.

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Podcast: Spilling Secrets: When Trade Secret Misappropriation Goes Criminal – 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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Companies That Use Noncompetes Face Increased Risk of Government Action Following FTC’s Unilateral Expansion of its Enforcement Powers

Perhaps we were wrong. Or perhaps we were just not thinking creatively enough. After President Biden issued his “Executive Order on Promoting Competition in the American Economy,” in which he “encourage[d]” the Federal Trade Commission (FTC) to “consider” exercising its statutory rulemaking authority “to curtail the unfair use of non-compete clauses and other clauses or agreements that may unfairly limit worker mobility,” we assumed that Lina Khan, the 33-year-old Biden-appointed Chair of the FTC (and a vocal opponent of noncompetes), would take the torch and propose a Rule prohibiting, or at the very least severely limiting, the use of noncompetes. And she may still do so.

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Spilling Secrets Podcast: When Trade Secret Misappropriation Goes Criminal

Now on Spilling Secrets, our podcast series on the future of non-compete and trade secrets law:

When faced with trade secret misappropriation, employers must decide how to proceed. In this episode, hear some tips on how and why employers might choose to refer the matter for criminal investigation.

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Application of Quebec’s Automobile Insurance Act: New Rulings From the Court of Appeal

This paper was written under a partnership with the Montreal Association of Insurance Women.

Quebec’s Automobile Insurance Act, CQLR c A-25 [Act], is the object of abundant jurisprudence. The courts are frequently called upon to determine the field of application of the State regime, the object of which is to facilitate prompt compensation of the victim, but which is also sometimes raised by the third party responsible for a damage.

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Just Released: Telemental Health Laws – Download Our Complimentary Survey and App

Interest in and acceptance of telehealth services continues to grow. Recent events, like the COVID-19 pandemic and the U.S. Supreme Court’s ruling in Dobbs v. Jackson Women’s Health Organization, have put more pressure than ever on federal and state legislators to promote access to telehealth services.

However, the greater use of telehealth services also increases the potential for fraudulent behavior and enforcement activity. Providers should continue to monitor developments in federal and state laws, regulations, and policies to capitalize on telehealth opportunities while staying compliant with applicable laws.

Since 2016, Epstein Becker Green has researched, compiled, and analyzed state-specific content relating to the regulatory requirements for professional mental/behavioral health practitioners and stakeholders seeking to provide telehealth-focused services. We are pleased to release our latest compilation of state telehealth laws, regulations, and policies within the mental/behavioral health practice disciplines.

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First Circuit Upholds Employer’s Win in Retaliation Suit

On November 1, 2022, in Dusel v. Factory Mutual Ins. Co., the First Circuit Court of Appeals held that “close temporal proximity” alone does not establish pretext as this evidence “must be considered alongside the . . . record.” Nor does mere close temporal proximity establish pretext where the employer has a legitimate business reason for taking adverse action against the employee, and more particularly, where the employer subsequently discovers the employee’s misconduct in a separate, unrelated matter. Dusel is a win for employers because it signals that engaging in protected activity will not immunize an employee from the consequences of misconduct that violates company policy if the employer enforces its policy consistently and documents the reasons underlying the employee’s discipline.

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ILN Today Post

Llinks Bulletin: New Competence-Competence in China: A Review of the Draft Revised PRC Arbitration Law

This article aims to introduce the recent development of the competence-competence doctrine in China. The proposed modification of the PRC Arbitration Law seems to have adopted the UNCITRAL Model Law approach, which will bring about a fundamental change in this regime and make Chinese arbitration practice more consistent with international practice.  Read more…

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ILN Today Post

DEAL UPDATE

Ahlawat & Associates’ (“A&A”) has advised Lotus Holdings (hereinafter referred to as the “Investor”), in its strategic investment in Yogicsecret Healthcare Private Limited (hereinafter referred to as the “Company”) in the seed round of investment raised by the Company.

The Company, with its registered office in Gurgaon, is engaged in the business of marketing nutraceutical products for the healthcare of consumers by providing them with a range of herbal supplements aimed at maintenance of their robust well-being and promote optimal safeguard against ailments. The Company offers a preventive and remedial approach to the prevalence of modern illnesses driven by lifestyle, behaviour and choices. Their products are designed per the customers’ needs, backed by clinical studies, scientific rationale, patented ingredients and technology. The key USP of their nutraceuticals are safe for daily consumption and can effectively prevent disease onset or avert an acute condition from turning chronic. Read more…

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