Legal Updates 2020-01-12

On July 9, 2019 the Plenum of the Supreme Court of the Russian Federation approved the Resolution. №4 “On the application of private international law by the courts of the Russian Federation” (hereinafter – the Resolution). The Resolution contains clarifications on most practical issues regarding the procedure of the choice of applicable law by courts while resolving disputes complicated by a foreign element. The Resolution, particularly, explains the following issues:
1. The concept of a foreign element
The Resolution specifies that the list of foreign elements given in para 1  Art. 1186 of the Civil Code of the Russian Federation is not exhaustive. –In particularan act committed abroad or occurrence of an event (legal fact) outside the Russian territory might be considered as foreign element.
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DOJ False Claims Act Recoveries FY 2019: Total Collections Rise – Almost 90 Percent Relate to Health Care

Through a January 9, 2020, press release, the Department of Justice (“DOJ”) reported more than $3 billion in total recoveries from settlements and judgments from fraud-related civil matters brought under the False Claims Act (“FCA”) for fiscal year (“FY”) 2019. An increase over the $2.9 billion recovered in FY 2018, FY 2019 reflected the ninth highest amount of recoveries in the past 30 years. The accompanying statistics released by DOJ reflect several themes related to FCA enforcement concerning the health care and life sciences industry.

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California State Court Judge Rules That Controversial New Independent Contractor Law Does Not Apply To Approximately 70,000 Independent Truckers

Following the challenges to AB 5, California’s controversial new independent contractor law, can be a difficult endeavor.  Every day seems to bring a new development.

We have written before about the hasty passage of the statute, about a ballot initiative to escape the scope of the law by ride-share and delivery companies, and challenges by independent truckers, freelance journalists and photographers, and ride-share and delivery companies.

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ILN Today Post

Howard & Howard Names Class of 2020 Shareholders

ROYAL OAK, Mich., January 9, 2020– Following the end of a successful, anniversary celebration-filled year, Royal Oak, Michigan-based law firm Howard & Howard is pleased to announce its 2020 class of shareholders: Justin D. Gingerich and Michael D. Solt.

Named for their significant contributions to the firm, Justin and Michael continue their practices out of the Chicago, Illinois and Royal Oak, Michigan offices, respectively.

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Rainmaking Recommendation from Jaimie Field: The Law Of Seven Touches

In today’s Rainmaking Recommendation, coach and trainer, Jaimie Field talks about the importance of touchpoint, and why they matter even in legal.

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It has been a basic principle of marketing from time immemorial that it takes seven “touches” before someone will respond to your call to action.   It was a concept began by Dr. Jeffrey Lant who is considered one of the godfathers of marketing.

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ILN Today Post

Shanghai Summit to Feature Expert Discussions on Anti-Corruption Trends in Industry, Gov’t

Anti-corruption enforcement has never been more aggressive or coordinated. In light of this situation, multinational corporations have continued to emphasize investment in strong anti-corruption compliance programs. Around the globe, jurisdictions have taken steps to strengthen their anti-corruption legislative framework by requiring organizations and businesses to comply with internal policies and local regulations.

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Hong Kong’s Patents (Amendment) Ordinance 2016 ( “the Ordinance” or “PAO” ) came into force on 19th December 2019 to further improve the Hong Kong’s system of protecting intellectual property rights on inventions

To ensure that Hong Kong’s system continues to meet present-day circumstances and be in alignment with Government’s vision of developing Hong Kong into a regional innovation and technology hub, Hong Kong Government appointed an Advisory Committee on Review of the Patent System in Hong Kong in 2011(the “Advisory Committee”) to review and advise it on (a) how the Administration should position Hong Kong’s patent system and (b) how best to implement suggested changes to the system.  Apart from the macro issues, the review also involved different professional and technical considerations underpinning the patent system as well as specific issues on (a) whether and, if so, how Hong Kong should have its own “original grant” patent system (as opposed to the pre-existing “re-registration” system), (b) refinements to the short-term patent system and (c) regulation of patent agency services.  C. K. Kwong, the writer of this article, was a member of this Advisory Committee.

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7 Hot Health Care Industry Sectors for Investment, Growth & Consolidation in 2020

Based on their extensive experience advising health care industry clients, Epstein Becker Green attorneys and strategic advisors from EBG Advisors are predicting the “hot” health care sectors for investment, growth, and consolidation in 2020.  These predictions for 2020 are largely based on the increasing confluence of the following three key “drivers” of health industry transformation that is substantially underway:

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Strategy for a Successful Exit

Taking an opportunity to exit a business is a major event. Neil O’Gorman paves the way for a smooth journey

In Brief: Preparation and good advice are key to securing a successful business exit. Taking steps now, even in contemplation of an exit far in the future, can help to maximise value, navigate potential obstacles and take full advantage of any exit opportunity.

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EPIC Files Complaint with FTC Regarding AI-Based Facial Scanning Software

As we have previously blogged, use of third-party digital hiring platforms to select job applicants using video interviews can present an array of potential legal issues. A recent Complaint filed with the Federal Trade Commission (“FTC”) by a consumer advocacy organization, Electronic Privacy Information Center (“EPIC”), illustrates some of those potential pitfalls. EPIC asks the FTC to investigate the recruiting technology company HireVue for alleged discriminatory screening of job applicants through its face-scanning software. HireVue asks job applicants to video-record answers to pre-approved questions and upload those recordings. HireVue then uses artificial intelligence (“AI”) to scan applicants’ faces during the recorded answers to analyze facial expressions and grade applicants’ expressions according to a non-public rubric.

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