On November 7, 2018, Illinois State Senator Jason A. Barickman introduced S.B. (Senate Bill) 3643. This legislation is aimed at creating more transparency in asbestos litigation in the state by stipulating that at the outset of litigation, defendants would be given access to claim forms that plaintiffs have submitted to trust funds that bankrupt companies have established in order to compensate victims of asbestos exposure. Similar legislation has been passed in 15 states and comes after documents uncovered during an asbestos defendant’s 2014 bankruptcy proceeding showed a discrepancy between the exposure allegations alleged in forms submitted to these trusts and exposure testimony in separate civil lawsuits against solvent companies.
Effective January 1, 2019 Delaware Imposes Mandatory Sexual Harassment Training and Creates New Spin on Existing Protections
The Delaware Discrimination in Employment Act has always provided a cause of action for sexual harassment under the umbrella of sex discrimination. However, new Delaware law, effective January 1, 2019, expressly addresses Delaware’s take on sexual harassment. In many ways, the new law is redundant with existing legal rights and responsibilities, thus simply creating a new section of the law to bring the same claim. In other ways, the new law at least arguably is different. In still other ways, the new law creates new obligations and new claims, which certainly require attention and action by employers.
It’s no secret that the legal market is a challenging place to be today.
Mergers, non-law firm players, clients continuing to take work in-house, increasing investment in technology, changing demands from different generations…the list goes on.
On November 6, 2018, the U.S. Court of Appeals for the Tenth Circuit handed down a decision that impacts employers across all industries, including the financial services industry. In a “win” for employers, the Tenth Circuit ruled that “…the False Claims Act’s anti-retaliation provision unambiguously excludes relief for retaliatory acts which occur after the employee has left employment.” Potts v. Center for Excellence in Higher Education, Inc., No. 17-1143 (10th Cir. Nov. 6, 2018).
The largest 100 aged care service providers in Australia will have very recently received initial correspondence from the Royal Commission into Aged Care Quality and Safety (Commission) inviting early submissions.
Funds and financial products
ASIC extends relief for non-cash payment facilities
On 16 November, ASIC has amended the ASIC Corporations (Non-cash Payment Facilities) Instrument 2016/211 to remove an expiry date that would have seen the instrument ceasing to operate in March 2019.
In a controversial decision, a single Commissioner of the Fair Work Commission has found that a delivery rider engaged as an independent contractor by food delivery company Foodora was, in fact, an employee.
Cannabis has been legalized in Canada as of October 17, 2018. What does this mean for employers with employees traveling to and from Canada? Can travelers from Canada to the United States with legally purchased cannabis simply drive to a state where recreational or medical use of cannabis is legal? The bottom line: Employers should remind employees that they cannot cross into the United States with Canadian cannabis under any circumstances.
Leading UK law firm Fladgate has advised private equity firms Zouk Capital and 83North in relation to their participation in a $50M Series C round of funding in relation to Workable Technology Limited.
As mentioned in my previous blog post, I gave a presentation at the 40th Annual Association of National Advertisers/Brand Activation Association Marketing Law Conference titled “The Pursuit of ‘Truth’ in Advertising.” It explored how consumers view the truth in this era of fake news and alternative facts, and how this changing understanding of the truth has affected the advertising ecosystem and the practice of advertising law. Today, I will share the second installment in my series of highlights from my presentation.