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National Labor Relations Board Returns to Longstanding Independent Contractor Standard
Dinsmore & Shohl LLP, January 2019

On January 25, 2019, the National Labor Relations Board (Board) returned to the common-law agency test for determining whether workers qualified as independent contractors. SuperShuttle DFW, Inc., 367 NLRB No. 75 (2019) The decision expressly overrules the Board’s decision in FedEx Home Delivery, 361 NLRB 610 (2014), enf. denied 849 F.3d 1123 (D.C. Cir. 2017)...

Win Your Lender-Liability Lawsuit and Enforce Your Loan Documents with this 342-Year-Old Statute
Dykema, January 2019

Long before eMortgages, electronic signatures, and mobile apps hit the secured lending scene, Lord Nottingham proposed that the English Parliament pass An Act for Prevention of Frauds and Perjuries in 1677 to prevent nonexistent agreements from being “proved” through false testimony. That statute and its progeny remain an important resource in today’s financial services industry...

OCR Issues Request for Information on Potential Changes to HIPAA Rules
Dinsmore & Shohl LLP, January 2019

The Department of Health and Human Services Office for Civil Rights (OCR) has published a Request for Information on Modifying HIPAA Rules to Improve Coordinated Care (RFI). OCR announced the publication of the RFI through a December 12, 2018 press release available here.  OCR Director Roger Severino stated that OCR is “looking for candid feedback about how the existing HIPAA regulations are working in the real world and how we can improve them...

USCIS Announces Changes to Selection Process for Cap-Subject H-1B Petitions
Dykema, January 2019

The U.S. Department of Homeland Security (DHS) has announced it will issue a new Final Rule on January 31, 2019, reversing the order by which the USCIS will select H-1B applications submitted under the statutory/numerical cap and introducing an electronic registration requirement for employers filing H-1B cap-subject petitions. The reverse-selection provisions of the rule will go into effect on April 1, 2019...

New Promotion Regime for Domestic Funds
Afridi & Angell, January 2019

In late November 2018, the Securities and Commodities Authority (SCA), the Dubai Financial Services Authority (DFSA) of the Dubai International Financial Centre (DIFC) and the Financial Services Regulatory Authority (FSRA) of the Abu Dhabi Global Market (ADGM) announced that they had reached agreement on facilitating the licensing of domestic funds by each authority for promotion across the UAE. This is a potentially significant development...

GDPR Breach: Google Fined EUR 50 Million
Karanovic & Partners, January 2019

The US tech giant, Google is fined EUR 50 million by France's data protection regulator, CNIL, for failing to comply with its General Data Protection Regulation (GDPR) obligations. This is the biggest GDPR fine yet to be issued by a European regulator and the first time that one of the tech giants has been found in breach with the new regulations that came into force in May 2017. Complaints against Google were filed in May 2018 by two privacy rights groups:noybandLa Quadrature du Net...

Immigration Compliance: What is Coming in 2019
Dinsmore & Shohl LLP, January 2019

Employers, as you settle into 2019 and solidify your plans and objectives for the year, consider adding worksite immigration compliance to your to-do list. In 2018, the Trump administration held true to its Buy American, Hire American policy.  As a result, worksite investigations, I-9 audits, and criminal and administrative worksite-related arrests surged by 300 to 750 percent over 2017...

Serbia: The Registration Of Ultimate Beneficial Owners
Karanovic & Partners, January 2019

As of 31 December 2018, the Central Registry of Ultimate Beneficial Owners was established within the Serbian Business Registers Agency (the “Registry”), in line with the Law on Ultimate Beneficial Owners (“Official Gazette of the RoS no. 41/2018). In addition, the Ministry of Economy issued guidelines which provide more information on the implementation of certain aspects of this Law (the “Guidelines”)...

New Kickback Law Targeting Opioid Treatment Facilities Could Affect Traditional Lab Arrangements
Dinsmore & Shohl LLP, January 2019

Eliminating Kickbacks in Recovery Act Overview On October 24, 2018, Congress enacted the Eliminating Kickbacks in Recovery Act of 2018 (EKRA) as part of the SUPPORT Act, which is a comprehensive attempt to combat the opioid epidemic.  EKRA established an all-payer anti-kickback prohibition that extends to arrangements with recovery homes, clinical treatment facilities, and laboratories. Unlike the Anti-Kickback Statute (AKS) under 42 U.S...

Different Viewpoints Represented at the Latest California Attorney General’s Office Public Forum on the California Consumer Privacy Act
Dykema, January 2019

On Friday, January 25, 2019, California Attorney General Xavier Becerra’s Office held the fourth of its six public forums in connection with its rulemaking process for the California Consumer Privacy Act (“CCPA”). The purpose of the open forum, which was held in Los Angeles at the Ronald Reagan State Building, was to provide an initial opportunity for the public to participate in the CCPA rulemaking process...

Mediation for Beginners – What You Need to Know
Dinsmore & Shohl LLP, January 2019

Generally, mediation and its process are foreign to most litigants.  With the possible exception of the parties’ lawyers and insurance adjusters, often even the most sophisticated business clients have never been in mediation and do not fully understand the process or know what to expect. Frequently, as the mediator, in the early stages of the day I hear:  “It is not my fault...

Illinois Supreme Court’s Rosenbach Ruling Likely to Expand BIPA Litigation
Dykema, January 2019

Last Friday, the Illinois Supreme Court delivered the highly anticipatedRosenbach v. Six Flags Entertainment Corp., 2019 IL 123186, opinion. Businesses and consumers alike watched for the Court’s opinion regarding whether mere technical violations of the Illinois Biometric Information Privacy Act (“BIPA”) gave plaintiffs the requisite standing to seek damages under the statute...

Immigration Compliance: What’s Coming in 2019
Dinsmore & Shohl LLP, January 2019

Employers, as you settle into 2019 and solidify your plans and objectives for the year, consider adding worksite immigration compliance to your to-do list. In 2018, the Trump administration held true to its Buy American, Hire American policy.  As a result, worksite investigations, I-9 audits, and criminal and administrative worksite-related arrests surged by 300 to 750 percent over 2017...

The Implications of the Move from GST to SST
Shearn Delamore & Co., January 2019

IN THIS ARTICLE, ABHILAASH SUBRAMANIAM DISCUSSES THE POTENTIAL IMPLICATIONS OF THE MOVE FROM GST TO SST.   Introduction The much anticipated Sales Tax Act 2018 and the Service Tax Act 2018(commonly referred to as “SST”) was rolled out on 1 September 2018, together with their respective subsidiary legislations, to replace the previous Goods and Services Tax Act 2014 (“GST”)...

Mediation for Beginners: What You Need to Know
Dinsmore & Shohl LLP, January 2019

Generally, mediation and its process are foreign to most litigants.  With the possible exception of the parties’ lawyers and insurance adjusters, often even the most sophisticated business clients have never been in mediation and do not fully understand the process or know what to expect. Frequently, as the mediator, in the early stages of the day I hear:  “It is not my fault...

Sustainable Financing in the ASEAN Region
Shearn Delamore & Co., January 2019

IN THIS ARTICLE, GOH HUI WEN LOOKS AT GREEN AND SUSTAINABLE INVESTMENTS IN THE ASEAN REGION. The investment scene in the ASEAN region has been undergoing a transformational change in recent years as it pivots towards a green and sustainable path of development[1]. Demand for sustainable investment opportunities in ASEAN is set to bloom within the next two decades, with the investment opportunity estimated to be worth a whopping USD3 trillion from 2016 to 2030[2]...

An Open Door to Greater Development Opportunities: Chicago City Council Approves New Transit Served Location Legislation
Dykema, January 2019

On January 23, 2019, the Chicago City Council approved a significant amendment to the transit-oriented development provisions of the Zoning Ordinance. Prior to the change, the Chicago Zoning Ordinance, through increases and reductions of certain development standards, allowed for larger, more dense buildings on properties in close proximity to CTA or Metra train stations...

Discretion of the Minister: To Exercise or Otherwise
Shearn Delamore & Co., January 2019

IN THIS ARTICLE, BENEDICT NGOH TI YANG EXAMINES THE POWERS OF AUTOMATIC REFERRALS OF THE MINISTER OF HUMAN RESOURCES UNDER SECTION 20 OF THE INDUSTRIAL RELATIONS ACT 1967.   Introduction A workman[1] who is dismissed may seek recourse at the Industrial Court against the employer. The power to refer the workman’s claim to the Industrial Court lies with the Minister of Human Resources of Malaysia (“Minister”)...

British Passports for Children of EU Nationals: A Handy Guide
Shepherd and Wedderburn LLP, January 2019

“I don’t want a British passport for myself but should I get one for my child?” This is a common immigration-related enquiry, and one my team and I have been asked about by EU nationals repeatedly since the June 2016 referendum vote...

Are Prayer Outfits Eligible for Copyright Protection?
Shearn Delamore & Co., January 2019

A CASE NOTE BY LEE CHIAO YING.   Introduction Some may be wondering what a “telekung” is as it is probably not a common term. A Telekung is a Muslim prayer outfit for females. The general perception of prayer outfits is that they are dull and unfashionable as they have to be modest rather than trendy...

Google Fined $57 Million in First Major Enforcement of GDPR Against a US-based Company
Dinsmore & Shohl LLP, January 2019

On January 21, 2019, Google was fined nearly $57 million (approximately 50 million euros) by France’s Data Protection Authority, CNIL, for an alleged violation of the General Data Protection Regulation (GDPR).[1] CNIL found Google violated the GDPR based on a lack of transparency, inadequate information, and lack of valid consent regarding ad personalization. This fine is the largest imposed under the GDPR since it went into effect in May 2018 and the first to be imposed on a U.S...

Can the Defence of Qualified Privilege be Invoked without Verification of Information Relied On?
Shearn Delamore & Co., January 2019

A CASE NOTE BY LOO YING NING.   Introduction To raise the Reynolds privilege established in the landmark English House of Lords decision in Reynolds v Times Newspaper Ltd[1] in a defamation claim, a defendant is required to establish that the matter was one of public interest and that the defendant practised “responsible journalism” in publishing the impugned words...

Powers, Duties and Liability of Directors of a Polish LLC
Wardynski & Partners, January 2019

Foreign managers appointed to serve on boards of Polish subsidiaries often donot know what they can doand what they must do. Consequently they are not aware of what liability goes with either of these. They should be.Before discussing the directors of aPolish limited-liability company (spólka zograniczona odpowiedzialnoscia, the most commonly used corporate vehicle for running business in Poland), it is practical to make alittle disambiguation...

Enhancing Investor Protection via Framework for Registration of Trustees and Issuing Houses
Shearn Delamore & Co., January 2019

IN THIS ARTICLE, TAN WEI XIAN ANALYSES THE NEW GUIDELINES ON REGISTRATION AND CONDUCT OF TRUSTEES AND ISSUNG HOUSES...

The New Incentive(?) for Whistleblowers for Revealing Crimes of Corruption
Makarim & Taira S., January 2019

To date, the Indonesian government and institutions have largely remained entrenched in an endemic culture of corruption. Despite major victories before the court by the Corruption Eradication Commission (“KPK”) in recent years, crimes of corruption (especially bribery and gratification) remain a major problem at every level of government institution...

Growing Regularity and the Need for Guidance: FSMB Model Guidance for the Recommendation of Medical Marijuana
Dinsmore & Shohl LLP, January 2019

The use of marijuana in patient care has undergone widespread growth and acceptance nationwide. Thirty-three states and the District of Columbia have laws authorizing the use of marijuana in some form. Two of those states – Utah and Missouri – joined that list this past mid-term cycle, as voters passed initiatives authorizing the use of medical marijuana. Others, such as Kentucky and Virginia, have pending legislation seeking to authorize the use of medical marijuana...

New Pharmacist's Guidelines for Advertisement in Brazil
Veirano Advogados, January 2019

The Federal Council of Pharmacy published Resolution No. 658/2018 to regulate publicity, advertisement and announcement of activities related to the pharmaceutical profession. Such include any disclosure arising or promoted by pharmacists, regardless of the means of communication...

Mentoring at Shepherd and Wedderburn
Shepherd and Wedderburn LLP, January 2019

Shepherd and Wedderburn, as a collection of individuals and as a business, has put diversity and inclusivity at the heart its organisational culture and values. The business case for fostering diversity and inclusivity in the workplace is compelling...

Dispute Between Two Popular Ride-Sharing Companies in Brazil Reinforces That Comparative Advertising is Not Illegal
Veirano Advogados, January 2019

The dispute between ride sharing companies Uber and 99 is increasingly fierce. Now the main stage is Rio de Janeiro. In May 2018, Uber filed a lawsuit against 99 in the city, claiming misleading advertising. Less than two months ago, 99 began an aggressive discount campaign in the city to promote the 99Pop service in Rio, competing directly with Uber...

McDonald's: No Longer the Big Cheese after Losing Big Mac Trade Mark Battle with Supermac's
Shepherd and Wedderburn LLP, January 2019

In a landmark decision, the European Union Intellectual Property Office (‘EUIPO’) has ruled that McDonald’s, one of the world’s largest fast food chains, will lose its EU trade mark for “Big Mac”...

Indonesian Equity Crowdfunding Regulation
Makarim & Taira S., January 2019

The Financial Services Authority (“OJK”) issued OJK Regulation No. 37/POJK.04/2018, on 31 December 2018 on equity crowdfunding services (the“Crowdfunding Services”) which allow offers of shares for sale by an issuerdirectly to investors through an open information technology system (“POJK37/2018”). POJK 37/2018 applies to offers of shares through a Crowdfunding ServicesProvider’s system...

Directors to Get Better Protection From Fraud
Shoosmiths LLP, January 2019

The UK government has announced changes to legislation to reduce the risk of fraud, violence or intimidation faced by company directors as a result of having their residential addresses on the public record. For a number of years, directors have been able to keep their residential address details private by making use of a separate service address, often the company's registered office...

Transfer Pricing Update In Panama
Morgan & Morgan, January 2019

The regulation of Transfer Pricing is one of the mechanisms through which the Directorate General of Revenue (DGI) seeks to avoid the erosion of the tax base. In Panama, it is regulated in the Fiscal Code in its Chapter IX from Article 762-A to 762-Ñ. The obligation on the issue of Transfer Pricing and specifically with the study is generated since the 2011 period...

Recent Changes to EPA Coal Ash Regulations - Regulatory and Insurance Coverage Implications
Haynes and Boone, LLP, January 2019

A new rule promulgated by the U.S. Environmental Protection Agency (“EPA”) governing the disposal of coal combustion residuals, also known as CCR or coal ash, raises the risk for civil claims and the need for insurance to cover them.1 The rule, which takes effect Aug. 29, 2018, revises regulations issued in 2015 and has the stated intent of providing utilities and states “more flexibility in how CCR is managed...

Hong Kong Court Orders Director to Personally Pay Litigation Costs
Deacons, January 2019

It appears that Big Island Construction (HK) Limited (BIC) and Wu Yi have had a long drawn out battle since 2005, with numerous judgments reported, starting from the District Court and going all the way up to  the Court of Final Appeal...

GAR’s “Guide to Energy Arbitrations”: Offshore Vessel Construction Disputes
Haynes and Boone, LLP, January 2019

Haynes and Boone CDG is proud to continue to feature a chapter in Global Arbitration Review’s (GAR)Guide to Energy Arbitrations, the Third Edition of which has just been published. TheGuide to Energy Arbitrationsis a widely regarded reference tool for energy companies, their advisers and arbitrators...

People Over Wind and Peter Sweetman v Coillte
A&L Goodbody, January 2019

In case C-323/17 People Over Wind and Peter Sweetman v Coillte, the Court of Justice of the European Union (CJEU) ruled that mitigation measures could not be taken into account at the screening stage of an appropriate assessment. Facts This case focused on proposed works that were necessary to lay a cable connecting a wind farm to the electricity grid and the potential effects that this would have on two special areas of conservation...

A Proxy Season Guide to 2019
Dinsmore & Shohl LLP, January 2019

Now that the holidays are in the rearview and business as usual has begun to pick up where it left off, it’s time for public companies to do a deep download of key securities law updates and business developments of the past year so they are positioned for success in 2019. Below is a review of the 2018 proxy season, along with a summary of new and anticipated changes that may impact reporting and disclosure requirements for the 2019 proxy season...

The Advocate: Risks to the Energy Sector Posted by Climate Change Litigation
Haynes and Boone, LLP, January 2019

Fossil fuels are under attack in the legislative, regulatory, and judicial arenas, and in the market place—driven by environmental concerns, especially global warming and associated climate change. The Sierra Club, for example, has launched a “Beyond Dirty Fuels Initiative,” seeking to “push back against the construction of dirty fossil fuel infrastructure that would lock America into decades more of climate-polluting oil and gas production...

Pathways to Success ACO Model
Dykema, January 2019

The U.S. Centers for Medicare and Medicaid Services (CMS) issued a final rule redesigning the Medicare Accountable Care Organization (ACO) program via a new Pathways to Success ACO model. [1]See83 FR 67816 (Dec. 31, 2018). CMS stated five goals for this redesign: ACO Accountability, Competition, Engagement, Integrity, and Quality...

Securing Indemnification and Additional Insurance Coverage Requires Careful Drafting
Lowenstein Sandler LLP, January 2019

Insurance plays a prominent role in all real estate transactions. Stakeholders generally understand that insurance policies must be secured for the leasehold to address property damage and liability claims. However, stakeholders often do not pay attention to the precise contract language used to establish the insurance requirements and address how the waterfall of available insurance coverage will flow...

Conviction for Failing to Keep Significant Controllers Register on the Increase
Deacons, January 2019

In the beginging of 2019, the Companies Registry announced that twelve Hong Kong companies were prosecuted for failing to keep the significant controllers register at their registered offices. The result of this prosecution led to the companies being fined...

Tax Incentives to Eliminate the Tax Withholding on Interest Paid Abroad and to Encourage Productive Investment Projects in Mexico
Basham, Ringe y Correa, S.C., January 2019

An executive order to eliminate the income tax withholding for interest paid abroad on bonds listed in a stock exchange, as well as to grant tax incentives to taxpayers investing in a capital market in Mexico was published in the Federal Official Gazette on January 8, 2019. The following tax incentives were created for productive investment projects: Corporate Bonds...

Disconnecting from Work: A New Reality
Garrigues, January 2019

Employers must develop in-house policies laying down the right of employees to disconnect from work, with special emphasis on remote working using digital tools. Recent legislation — Organic Law 3/2018, of December 5, 2018 — not only brings Spanish law on the protection of personal data up-to-date, but also includes a section regulating the protection of citizens’ digital rights...

Medicare Coverage for Ambulance Services – Physician Certification Will Not Be Enough
Dykema, January 2019

A physician certification for Medicare coverage for ambulance services is not the final word. An ambulance service also must demonstrate the beneficiary’s condition and establish medical necessity when transporting the Medicare beneficiary...

Discretionary Dismissal of Insurer’s Declaratory Judgment Action on Coverage Upheld
Dinsmore & Shohl LLP, January 2019

The U.S. Court of Appeals for the Sixth Circuit, in Massachusetts Bay Insurance Company v. Christian Funeral Directors, Inc., No. 18-5267 (6th Cir. Dec. 26, 2018), recently upheld a district court’s declination of jurisdiction over an insurer’s declaratory judgment action on coverage...

Bona Fide Prescriber-Patient Relationship Requirement for Controlled Substance Prescribing Effective January 4, 2019
Dykema, January 2019

Bona Fide Relationship Requirement Law. Public Act 247 of 2107, MCL § 333.7303a(2), requires that except as provided in exceptions detailed in administrative rules, a prescriber must be in a bona fide prescriber-patient relationship with a patient before prescribing a schedule 2-5 controlled substance (“CS”)...

Discretionary Dismissal of Insurer's Declaratory Judgment Action on Coverage Upheld
Dinsmore & Shohl LLP, January 2019

The U.S. Court of Appeals for the Sixth Circuit, in Massachusetts Bay Insurance Company v. Christian Funeral Directors, Inc., No. 18-5267 (6th Cir. Dec. 26, 2018), recently upheld a district court’s declination of jurisdiction over an insurer’s declaratory judgment action on coverage...

U.S. Department of Labor Issues Proposed Rule on Association Health Plans
Morris, Manning & Martin, LLP, January 2019

On January 5, 2018, the U.S. Department of Labor (“DOL”) published a much-anticipated proposed rule that would make it easier for groups or associations of employers to band together to form association health plans (“AHPs”).[1]  The proposed rule comes in response to an executive order issued by the White House in October 2017 directing the DOL to consider issuing such a rule...

Federal District Court Rules HHS Cuts to 340B Reimbursement 'Exceeded' Authority
Dinsmore & Shohl LLP, January 2019

In a recent opinion out of the U.S. District Court for the District of Columbia, U.S. District Court Judge Rudolph Contreras held that the U.S. Department of Health and Human Services (HHS) exceeded its authority when it substantially reduced the amount Medicare pays for 340B-acquired medications...

 

 

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