North America

Two new partners with RSS

December 3, 2018 — Charles E. Flam, Managing Partner of RSS, is pleased to announce that Justin Beeby and Stewart Litvack are now partners with the firm.

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Employee Handbooks: Benefits, Pitfalls and Preserving At-Will Employment

Every cannabis employer should have in place an employee handbook tailored to meet the needs of its business goals and workplace culture, and to ensure compliance with all applicable state and federal laws.

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Ontario Court Gives OK For Lawyer to Sue Law Society

The Ontario Court of Appeal is permitting lawyer Paul Robson’s action against the Law Society of Upper Canada (now the Law Society of Ontario) (“LSO”) and three of its employees for malicious prosecution and misfeasance in public office to proceed.  The appeal court’s decision overturned the decision of Justice Patrick Monahan of the Superior Court of Justice on a motion to strike by the LSO.  Mr. Robson argued before the court that he is a thorn in the side of the LSO and someone at the LSO wishes to silence him.

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HRSA Establishes January 1, 2019 Effective Date for 340B Ceiling Price and Civil Monetary Penalty Rule

On November 30, 2018, the Department for Health and Human Services (“HHS”) Health Resources and Services Administration (“HRSA”) will publish its final rule to change the effective date for its 340B Drug Pricing Program ceiling price and manufacturer civil monetary penalty final rule to January 1, 2019.

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Proposed Rules Loosen Restrictions on Hardship Withdrawals

Based on proposed regulations released by the U.S. Department of Treasury on November 14, 2018 (the “Proposed Regulations”), participants in 401(k) and 403(b) plans may find it easier to get hardship withdrawals as early as plan years beginning after December 31, 2018. Hardship withdrawals are permitted on account of financial hardships if the distribution is made in response to an “immediate and heavy financial need” and the distribution is necessary to satisfy that need. The Proposed Regulations incorporate various prior statutory changes, including changes imposed by the 2017 Tax Act, the Bipartisan Budget Act of 2018, and the Pension Protection Act of 2006. These changes are summarized below:

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Connolly Gallagher is Proud to Welcome Brandon R. Harper

Connolly Gallagher is pleased to welcome Brandon R. Harper to the firm. As an Associate, Brandon joins the firm’s Delaware Business, Commercial and Corporate Litigation group.

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The Pursuit of “Truth” in Advertising: Data

As mentioned in my previous two posts (found here and here), 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 third installment in my series of highlights from my presentation.

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Davis & Gilbert is proud to welcome Jordan M. Thompson to the firm’s Advertising Practice Group!

Jordan M. Thompson is an associate in the Advertising, Marketing & Promotions and Intellectual Property Practice Groups of Davis & Gilbert. She has experience drafting and negotiating a variety of agreements, including for celebrity talent and influencer endorsements and speaking engagements, corporate sponsorships, vendor services, and IP licenses.

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New Legislation Introduced in Illinois Seeks Transparency in Asbestos Litigation

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.

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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.

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