Also men are now allowed to book a room on the "Bella Donna" floor - the design of hotel floors for women only is discriminatory. This was established by the Danish Eastern High Court by judgment of 25 April 2014. In this case, one of the largest hotels in the country had established a floor for women only. This floor had a number of additional amenities not to be found on the other floors, including special toilet ware, flowers, and a particularly efficient hand shower ...
The City Court of Aarhus has established that two former employees' updating of their personal LinkedIn profiles while being subject to a non-competition clause was a breach of the clause. The case involved two employees who had given notice of termination in order to take up employment in a competing company ...
A summary dismissal of a salaried employee who was seven minutes late for work was justified according to the judgment of 27 May 2014 delivered by the City Court of Glostrup. The case involved an employee appointed as deputy manager in a supermarket who repeatedly showed up late for work - typically only a few minutes. It had been emphasised on various occasions to the employee that he had to show up for work on time - but without result ...
In a stunning employment verdict, a California jury awarded $185 million in punitive damages and $873,000 in compensatory damages to a former AutoZone store manager who claimed the auto-parts retailer mistreated her based on her gender, demoted her after learning she was pregnant, and ultimately terminated her from employment based on her decision to challenge her demotion ...
Judicial rulings on the patent-eligibility of software and business method patents under section 101 of the U.S. Patent Act have run heavily against patent owners since the U.S. Supreme Court’s June 19, 2014 ruling in Alice Corp. v. CLS Bank International, 573 U.S. ___, 134 S. Ct. 2347 (2014). (See Client Update here ...
In an opinion published on November 11, 2014, Connecticut joined a growing number of jurisdictions that have found that state law causes of action based on a health care provider’s unauthorized disclosure of a patient’s medical records are not preempted by the Health Insurance Portability and Accountability Act (“HIPAA”) ...
The Richemont Group, owner of a number of luxury brands including Cartier, Montblanc and IWC, has secured a landmark website blocking order against the five main retail internet service providers (ISPs) in the UK (SKY, BT, EE, Talk Talk, and Virgin). Building upon the website blocking orders available to copyright holders, Richemont applied to the Court for orders requiring the ISPs to prevent subscribers' access to six websites (including www.cartierloveonline.com, and www.ukmontblancoutlet.co ...
With the recent announcement to extend the waivers of certain fraud and abuse laws for accountable care organizations (ACOs) participating in the Medicare Shared Savings Program (MSSP), ACOs can continue using the waivers in their current form - at least for now ...
On October 3, 2014 the Department of Health and Human Services, Office of Inspector General (“OIG”), released a proposed rule to add new safe harbors to the Anti-Kickback Statute (“AKS”) and to amend the definition of “remuneration” in the Civil Monetary Penalties (“CMP”) regulations. The OIG additionally solicited comments on same which must be submitted no later than 5 pm EST on December 2, 2014 ...
On October 3, 2014, the Supreme Court of Canada, by a majority decision of 5 to 4,1 confirmed that a disposition ordering the treatment of an accused who is found unfit to stand trial requires the prior consent of the designated hospital to all the terms of the disposition order, inclusive of the date on which the treatment is to begin ...
Aside from a passing reference to data protection in the Electronic Transactions Ordinance (see below), TCI has no data protection statute. However, a number of other areas of local law are applicable or, in the context of the advice sought, ought to be considered in relation to data protection, confidentiality and privacy matters. In that respect:- a. Data protection, privacy and confidentiality at common law TCI is a British Overseas Territory and is a common law jurisdiction ...
According to the recent amendments of the Labour Law (“Official Gazette of RS” no. 75/2014) (the “Law”) payslips are now an enforceable document. The Law has authorised the relevant Minister to further prescribe content to be contained on a payslip, by adopting the Rulebook on Payslip content (“Official Gazette of RS” no. 90/2014) ...
In recent years, the Dominican Republic has enacted reforms affecting virtually every industry and every significant Dominican statute with one principal goal in mind: to enhance the rule of law for the benefit of Dominicans and investors - foreign and domestic alike ...
The rise of social media in recent years has had a significant impact on people's private lives and an increasing number of companies are now using social media for business purposes. However, the opportunities and advantages offered by social media platforms also represent its greatest challenges. Companies often forget that such services do not exist in a legal vacuum – the normal legal framework is still applicable ...
An employee or witness who is fearful of giving evidence as part of a disciplinary process can cause difficulties for an employer. We look at the issues you should consider when dealing with such an individual. Can anonymity be guaranteed? Where an employee is accused of misconduct, your first step will be to investigate the matter and gather accurate evidence as part of a fair disciplinary process ...
Bonnie Mayfield, Bloomfield Hills-based attorney and member in Dykema’s Litigation Practice, co-authored an article—“Tangible Results Speak Louder Than Well-Intentioned Inclusion Words,”—which appears in the August issue of DRI’s monthly publication, For The Defense. Thomas L. Sager, then Senior Vice President and General Counsel for DuPont Legal, was the other co-author ...
In an unanimous decision dated September 4, 20141 , the Court of Appeal confirmed that the 45-day time limit under the Act Respecting Health Services and Social Services2 (ARHSSS) to allow the medical examiner and the local service quality and complaints commissioner to process a user complaint is not mandatory but rather serves to indicate that the Legislator intends the complaint to be diligently processed ...
Many African brand owners will be familiar with the remedies that exist in cases of so-called ‘cybersquatting’. The brand owner who feels aggrieved by the fact that its trade mark has been registered as a domain name by a third party can lodge a complaint and request that the registration be cancelled or transferred to it. In the case of a .co.za registration, the complaint will be handled in accordance with the Alternative Dispute Resolution Regulations ...
The draft regulations for OTC derivatives have been released, which means that change is in the air. The government is stepping forward into unchartered territory and is set to regulate an area which has never been regulated before. Following our recent breaking news on the draft regulations, ENSafrica will, over the coming weeks and months, unpack the regulations for you, highlighting all the essentials. What follows is a sneak peak at affected areas and a snapshot of the bigger picture ...
During the month of July of the current year, three relevant labor laws have been published in the Official Gazette: 1) Law No. 20,761 that extends the right of feeding children to working fathers and establishes new regulations regarding maternity.On July 22nd, 2014 the Law No. 20,761 was published in the Official Gazette ...
Five years after the enactment of Decree 330/2009 that regulated Law No 18.360 referred to the obligation of providing, on both public spaces and private spaces with influx of people, with Automatic External Defibrillators (AED), we remind you that the general obligation of instructing personnel about Basic Cardiac Resuscitation (BCR) technics is now effective ...
On December 12, 2013, A second act to implement certain provisions of the budget tabled in Parliament on March 21, 2013 and other measures1 (“Bill C-4”) received royal assent. Bill C-4, which consists of more than 300 pages, proposes a significant number of legal amendments, some of which relate to the Canada Labour Code2 (“CLC ”). On June 18, 2014, the amendments were set to take effect on October 31, 2014 ...
In Québec, the objective of the Act Respecting Occupational Health and Safety1 (the “Act”) is the elimination, at the source, of dangers to the health, safety and physical well-being of workers. Recently, the Supreme Court of Canada rendered a decision in the Dionne v ...
On July 25, 2014, the Supreme Court of Canada rendered its decision in Québec (Commission des normes du travail) v. Asphalte Desjardins inc.1 In this ruling, which overturned a judgment by the Québec Court of Appeal,2 the Supreme Court concluded that an employer who receives notice of termination within a reasonable time period, as stipulated under article 2091 of the Civil Code of Québec3 (“C.C.Q ...
