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Practice Industry: Dispute Resolution, Employment & Labor, Healthcare & Pharmaceuticals

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Red Bull v Bullards: balancing brand protection and reputation
Shepherd and Wedderburn LLP, October 2021

Energy drink giant Red Bull recently received some negative press for issuing a cease and desist letter to Norwich-based gin maker Bullards for the use of the word ‘bull’ in its brand name. The case is a useful reminder that brand owners should make sure that their brand protection strategy reflects the organisation’s wider brand values...

TCC decides multiple payment applications can be one dispute
Shepherd and Wedderburn LLP, October 2021

The Technology and Construction Court (TCC) in Quadro Services Ltd v Creagh Concrete Products Ltd [2021] EWHC 2637 (TCC) held that a claim referred to adjudication with three separate payment applications was still considered a single dispute for the purposes of adjudication. The adjudicator therefore did have jurisdiction to consider all three payment applications to determine the sum due, and the adjudicator’s decision was enforced...

High Court refuses to incorporate "cunningly concealed" terms and conditions
Shepherd and Wedderburn LLP, October 2021

In Blu-Sky Solutions Ltd v Be Caring Ltd [2021] EWHC 2619 (Comm) the High Court in England held that a supplier's standard terms and conditions ("T&Cs") are incorporated into a contract by reference if the contract provides that, upon signing the contract, the customer accepts that it has reviewed and agreed to the relevant T&Cs...

Compliancy with Employment and Immigration requirements
Shoosmiths LLP, October 2021

Led by Legal Director of Immigration, Rachel Harvey and Employment Partner, Emma Morgan, this webinar provided an insight into how best to remain compliant with Employment and Immigration requirements. Guidelines in this area are frequently subject to change and it is therefore crucial that employers remain aware of the rules and their potential wider implications...

Five Law Firm Interviewing Tips for 3Ls (or Any Lawyer)
Bradley Arant Boult Cummings LLP, October 2021

[!<CDATA[ I have worked at two law firms and participated in dozens of interviews at both with associate candidates. Whether you are interviewing in person or remotely, there are questions for which you should always be prepared. In addition, there is information you should be ready to provide even if you are not asked for it directly. The following are the five things that I believe every law student should know before interviewing with a law firm. 1...

WOSB/EDWOSB amendments to the FAR are here
Bradley Arant Boult Cummings LLP, October 2021

[!<CDATA[ Bradley Arant Boult Cummings LLP attorneys Aron C. Beezley and Sarah Osborne examine proposed changes to the Federal Acquisition Regulation and highlight how they affect women-owned small businesses seeking a government contract...

What to do when protected characteristics clash? Five top tips for employers
Shoosmiths LLP, October 2021

The potential for employees with differing protected characteristics to come into conflict with one another at work is an increasing problem for employers. We set out five top tips for employers when handling such conflicts in the workplace. Current caselaw Discrimination law in the UK protects those who have a protected characteristic, whether that be their race, religion or belief, sex, sexual orientation, disability or age among others...

Supporting Families in Conflict: There is a better way
Shoosmiths LLP, October 2021

Sir Andrew McFarlane, President of the Family Division gave an address to the Jersey International Family Law Conference on 8 October 20211. With three years of his term remaining, he set out two areas where he intends on devoting additional time. The first is ‘transparency’ in the Family Court and the second is the resolution of Private Law disputes between parents regarding the care arrangements for their children after separating...

AI Hiring Tools Could Draw Increased EEOC Scrutiny, Law360
Hunton Andrews Kurth LLP, October 2021

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Fall 2021 Diversity and Inclusion Newsletter
Hunton Andrews Kurth LLP, October 2021

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Deviation: Ensuring Adequate COVID-19 Safety Protocols for Federal Contractors
Schwabe, Williamson & Wyatt, October 2021

The Department of Defense (DoD) and the Civilian Agency Acquisition Council (CAAC) have both issued new Class Deviations from the FARs that implement Executive Order 14042, Ensuring Adequate COVID Safety Protocols for Federal Contractors (i.e., the federal contractor vaccine mandate)...

Qui Tam Order Shows Concern Over FCA Plaintiffs' Leverage
Bradley Arant Boult Cummings LLP, October 2021

[!<CDATA[ Liability under the False Claims Act can result in potentially enormous payouts to individuals — and sometimes to companies — who alert the government to allegations of health care fraud. The payouts to the whistleblower or relator, which can be as much as 30% of the proceeds of the action or settlement, do not always attract those with valid claims...

New Law Requires Certification of Medical Directors in Skilled Nursing Facilities and Imposes New Reporting Requirements
Hanson Bridgett LLP, October 2021

Key Points Skilled nursing facilities must ensure their medical directors are certified within five years of the date of hire or by January 1, 2027, for medical directors already working in a SNF SNFs must report medical director certification status to CDPH by June 30, 2022 SNFs must report medical director changes to CDPH within 10 days of the change Effective January 1, 2022, a skilled nursing facility (SNF) will be prohibited from contracting with a medical director unless

Opaque Price Transparency Requirements for Payors and Providers
Dinsmore & Shohl LLP, October 2021

The only thing crystal clear about health care price transparency requirements at the moment is that the government will continue implementing new price transparency laws, regulations, and rules...

Three Ways the Pandemic is Impacting Litigation Costs
Schwabe, Williamson & Wyatt, October 2021

Twenty months in, Covid-19 continues to demand that we exercise flexibility and adaptation as it identifies winners and losers. The pandemic has had a significant impact on the practice of law and businesses that are involved in, or contemplating, litigation. Those who have been involved in litigation know that it can be expensive in “normal” times. Here are three ways the pandemic has impacted the costs associated with litigation. Time to trial...

Court Of Appeal Provides A New Weapon For Employers Regarding PAGA Claims—Manageability
Buchalter, October 2021

By Robert S. Cooper The California Court of Appeal issued a landmark decision on September 9, 2021, upholding a trial court’s striking (dismissing) of a PAGA lawsuit because Plaintiff could not establish that trial of the matter would be “manageable” in court.  In Wesson v...

Abuse of the grievance arbitration process: Arbitrators rule in favour of employers
Lavery Lawyers, October 2021

An employer grievance is a means that employers can use to obtain compensation for material damages caused by pressure tactics or to recover overpayments resulting from a union? S wrongdoing. Such a recourse can also be filed to claim damages and legal fees from a union that has abused the grievance arbitration process, in particular by raising grounds that are unfounded or filing applications that are dilatory, or doing either in bad faith...

Article III standing still proving to be a formidable defense to environmental citizen suits, Westlaw Today
Hunton Andrews Kurth LLP, October 2021

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Visit Visas for Short-Term Work
Shepherd and Wedderburn LLP, October 2021

British businesses have long relied on temporary labour from the European Union to service short or medium-term projects. From an immigration perspective, prior to Brexit this relationship used to be frictionless. There was no red tape and no need to worry about what was or was not permitted under the UK’s immigration rules and policies. People arrived, people worked, people left and businesses were happy...

Whistleblowing in the COVID Era - Confidentiality
Shoosmiths LLP, October 2021

In our fourth article on whistleblowing claims we focus on the need, in sensitive situations where concerns of serious (and perhaps even criminal) wrongdoing are raised, for the complaint to be dealt with confidentially and/or anonymously where possible...

Latest Federal Court Cases, 10/11/21
Schwabe, Williamson & Wyatt, October 2021

Kannuu Pty Ltd. v. Samsung Electronics Co., Appeal No. 2021-1638 (Fed. Cir. Oct. 7, 2021) In our Case of the Week, the Federal Circuit addressed whether a forum selection clause in an NDA may prohibit a party from petitioning for an inter partes review with the PTAB.  Kannuu filed a motion for a preliminary injunction, asking the district court to compel Samsung to withdraw their petitions.  The district court denied the motion, and Kannuu appealed...

Brown Act in a Time of Pandemic: the Governor Vetoes AB 339
Hanson Bridgett LLP, October 2021

Key Points Governor Newsom vetoed AB 339. AB 361 will continue to operate as currently construed. On October 7, 2021, Governor Newsom vetoed Assembly Bill (AB) 339 (Lee), a bill aimed at addressing Brown Act teleconferencing requirements for large public entities. AB 339 sought to add special rules for meetings of city councils or county board of supervisors that govern jurisdictions containing at least 250,000 people...

Our top tips on calculating child maintenance
Shoosmiths LLP, October 2021

Many separating parents use the Government’s online calculator to agree their child maintenance payments. We are fully supportive of parents reaching their own agreements, however using the online calculator may not always result in the right payment if parents are not fully conversant with the rules. Even parents who formally apply for an assessment by the Child Maintenance Service (previously The Child Support Agency) need to be on their guard...

Chambers Global Practice Guides: Employment 2021
Shearn Delamore & Co., October 2021

Dear valued clients, colleagues and friends, Our Employment and Administrative Law partner, Vijayan Venugopal, has authored the Law and Practice chapter (Malaysia) of the Chambers Global Practice Guides: Employment 2021. The chapter covers the Industrial Relations (Amendment) Act 2020, terms of employment, restrictive covenants, data privacy law, foreign workers, collective relations, termination of employment, employment disputes and dispute resolution. Click here to read more...

Cambodia: Increase in Minimum Wage for 2022 – Garment, Textile, Footwear, Travel Product & Bag Sectors
DFDL, October 2021

On 28 September 2021, the Ministry of Labour and Vocational Training (“MLVT”) issued Prakas 264 on the Determination of Minimum Wage for Workers in the Garment, Textile, Footwear, Travel Product and Bag Sectors (“Prakas 264”), to set new minimum wage for 2022, which will be effective from 1 January 2022. Under Prakas 264, workers in the relevant sectors will be entitled to the following new minimum wage: For regular workers, USD 194 per month...



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