Regions

Google was fined for 50 million euros for violating the GDPR requirements

On January 21, 2019, the National Data Protection Commission (CNIL) of France fined Google LLC for 50 million euros for violating the requirements of the GDPR. This is the largest penalty imposed on the GDPR since its entry into force on May 25, 2018 so far.

Read more

Read full article

Director’s share trading scheme breaches fiduciary duties, but accessorial liability claims rejected

A recent Federal Court decision recognises the expansive reach of the statutory and fiduciary duties owed by company directors. However, the company’s unsuccessful attempt to hold third parties liable as accessories to its director’s breaches of statutory duties highlights the importance of properly pleading and proving that an alleged accessory has actual knowledge of all the essential facts constituting the director’s breaches.

Read more

Read full article

Smart derivative contracts – closer than you think?

Smart contracts, which are computer protocols intended to digitally facilitate, verify or enforce the negotiation or performance of a contract have the potential to radically change the way in which parties interact by allowing the safe performance of transactions without the need for a third party intermediary using blockchain technology.

Read more

Read full article

New York State Department of Labor Scraps Proposed “Call-In Pay” Regulations – For Now

On March 1, 2019, the New York State Department of Labor (NYSDOL) announced that it is no longer pursuing predictive scheduling regulations (or “call-in pay”) that would have affected most employers in the state. For the time being, New York employers do not have to worry about pending statewide regulations regarding call-in pay. Keep in mind, however, that New York City employers are still subject to the Fair Workweek Law.

Read more

Read full article

Huurder weigert verhuurder toegang te verlenen tot het gehuurde. Mag dat?

Enerzijds wil de verhuurder toegang tot het gehuurde om zijn eigendom te inspecteren. Anderzijds heeft de huurder het recht op rustig woongenot. De vraag die rijst is of de huurder de plicht heeft tot medewerking aan een algemene periodieke inspectie aan het gehuurde. Hier wordt veel over geprocedeerd. Op 13 november 2018 heeft het Gerechtshof Den Haag hierover uitspraak  gedaan.

Lees verder

Read full article

The Third Circuit Defines the Requirements for Orders Certifying Wage Hour Class Actions

The obligations of a district court to analyze conflicting evidence regarding class and collective action certification was recently addressed by the Third Circuit Court of Appeals in Reinig v. RBS Citizens N.A., 912 F.3d 115, (3d Cir. 2018) (“Citizens”). In that case, the Third Circuit opined that Fed.R.Civ.P. 23 class certification orders (i) must explicitly define the classes and claims that are the subject of a certification order and (ii) provide an analysis of how the court reconciled any conflicting evidence supporting class certification.

Read more

Read full article

Blockchain – what is it and how is it relevant?

What is blockchain?

Distributed Ledger Technologies (DLT)

DLT is a decentralised ledger of transactions with identical copies maintained on multiple independent computer systems. This means the transaction ledger is maintained simultaneously across a network of unrelated computers or servers called “nodes”, like a spreadsheet that is duplicated thousands of times across a network of computers.

Read more

Read full article

Shutts & Bowen’s Rachel Nordby Appointed to Florida Supreme Court’s Judicial Management Council

Shutts & Bowen LLP is pleased to announce that Tallahassee partner Rachel Nordby has been appointed by Chief Justice Charles Canady to the Florida Judicial Management Council of the Florida Supreme Court.

Read more

Read full article

Restrictive covenants and legally protecting your business in a tight labor market

With unemployment in the United States continuing at a historic low – reported at 4 percent last month by Trading Economics – employees are more mobile than ever. A consequence of employee mobility is the unauthorized “mobility” of a company’s business assets with those employees. Now more than ever, employers must look to protect their business assets from unfair competition through the use of reasonable restrictive covenant agreements. However, a restrictive covenant agreement is only as good as it is legal. It is imperative in using restrictive covenants to recognize the fundamentals in drafting a legally enforceable document.

Read more

Read full article

OIG Evaluates Remote Patient Monitoring Arrangement

The Office of Inspector General (“OIG”) for the Department of Health and Human Services recently issued an Advisory Opinion that provides insight into how the agency evaluates arrangements that deal with the integration of technology, medicine, and patient monitoring under the federal Anti-Kickback Statute (“AKS”). In Advisory Opinion No. 19-02, OIG evaluated whether a pharmaceutical manufacturer could temporarily loan a limited-functionality smartphone to financially needy patients enrolled in federal health care programs. OIG concluded that the proposed arrangement could violate federal health care fraud laws but OIG would not impose civil monetary penalties or administrative sanctions in light of the purpose of the arrangement and certain safeguards in place. This Advisory Opinion related to the promotion of remote patient monitoring and is useful to telehealth providers and other pharmaceutical manufacturers to evaluate how OIG might analyze similar arrangements.

Read more

Read full article