ILN Today Post

Shutts & Bowen Names 12 New Partners

Micky Grindstaff, Managing Partner of Shutts & Bowen LLP, announced that 12 attorneys in the firm have been elevated to partnership effective January 26, 2019.

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NLRB Replaces Its Test for Distinguishing Between Employees and Independent Contractors – Returns to Pre-2014 Common Law Based Test

In a three to one decision issued on January 25, 2019, the National Labor Relations Board (“NLRB” or the “Board”) in SuperShuttle DFW, Inc., 367 NLRB No.75 (2019), the Board announced it was rejecting the test adopted in 2014 in FedEx Home Delivery, 361 NLRB 610 (2014) for determining whether a worker was an employee or an independent contractor and returning to the test it used prior to the FedEx Home decision.

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NLRB Begins to “Restore” the Appropriate Standard for Defining “Concerted Activity”

Last week, the National Labor Relations Board (the “Board”) issued a decision that “begins the process of restoring” a decades-old definition of “concerted activity” under Section 7 of the National Labor Relations Act (“NLRA” or the “Act”) – a definition that, in the Board’s view, had become muddled and unduly expanded as recent decisions “blurred the distinction between protected group action and unprotected individual action.”

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Davis Malm Adds Emily P. Crowley to its Employment and Litigation Practices

Ms. Crowley represents clients in matters involving employment, contracts, indemnification, product liability, and corporate disputes, including shareholder and partnership issues, breach of fiduciary duty, and misappropriation of trade secrets.

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ILN Today Post

Google Fined 50 Million Euros for Violating GDPR

When the European Union’s (EU’s) General Data Protection Regulation (GDPR, discussed in a December 2017 client alert) took effect May 25, 2018, the French data protection regulator, Commission nationale de l’informatique et des libertés (CNIL), which translates to National Information Rights Commission, began investigating Google’s data privacy practices. Now, the CNIL has imposed on Google a €50 million fine (about $57 million), the largest to date under the GDPR, for lack of transparency, inadequate information, and lack of valid consent regarding its personalized ads. Below is a summary of the enforcement action and what it means going forward.

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ILN Today Post

Four Epstein Becker Green Attorneys in Chicago Named to 2019 Super Lawyers List

The national law firm of Epstein Becker Green (EBG) is pleased to announce that four attorneys based in the firm’s Chicago office have been selected for the 2019 Illinois Super Lawyers list.

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FDA Embraces Role in Managing Medical Device Cybersecurity Risk by Issuing New Guidance

On October 18, 2018, the FDA published Content of Premarket Submissions for Management of Cybersecurity in Medical Devices.  This guidance outlined recommendations for cybersecurity device design and labeling as well as important documents that should be included in premarket approval submissions.  This guidance comes at a critical time as the healthcare industry is a prime target for hackers.  On January 22, 2019, the U.S. Department of Homeland Security Industrial Control System Cyber Emergency Team (US-CERT) issued another advisory regarding medical device vulnerabilities.  Further, a report by KLAS Research in collaboration with the College of Healthcare Information Management Executives (CHIME) found that 18 percent of healthcare organizations reported that their medical devices were hit by malware or ransomware.  Many experts are also projecting that more cyber-attackers will target devices in 2019.

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ILN Today Post

More Questions for Foreign NGOs/NPOs – FEMA Amendments

The Reserve Bank of India (RBI) on August 31, 2018 notified the Foreign Exchange Management (Establishment in India of a branch office or liaison office or a project office or any other place of business) (Amendment) Regulations, 2018 (Amendment Regulations).

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ILN Today Post

Don’t Be Late! Court finds a genuine mistake is no justification

In a timeous reminder of the importance of adhering to court deadlines, in BMCE Bank International Plc v Phoenix Commodities PVT Ltd & Anor[1] the court refused an application for relief from sanctions where a costs budget was served late a consequence of which the defaulting party was to be limited to only recovering court fees in the event of success at trial. This was despite an undertaking by the defaulting party’s solicitors to cover both parties’ costs on an indemnity basis for the CCMC and a further CCMC if required, regardless of the outcome of those hearings.

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Lawyers: Three Ways to Inspire Your Practice in 2019

We’re almost through a full month in 2019 – are you still feeling fresh and inspired about the new year? Or are you feeling bogged down by your routine and flagging resolve already?

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