Author: National Law Forum

A group of in-house attorneys developed the National Law Review on-line edition to create an easy to use resource to capture legal trends and news as they first start to emerge. We were looking for a better way to organize, vet and easily retrieve all the updates that were being sent to us on a daily basis.In the process, we’ve become one of the highest volume business law websites in the U.S. Today, the National Law Review’s seasoned editors screen and classify breaking news and analysis authored by recognized legal professionals and our own journalists. There is no log in to access the database and new articles are added hourly. The National Law Review revolutionized legal publication in 1888 and this cutting-edge tradition continues today.

The Republican Platform – What It Means for Healthcare

The National Law Review recently published an article by Andrew Bowman of Drinker Biddle & Reath LLP regarding The Republican Platform and Healthcare:

The Republicans formalized their party platform yesterday as part of the first day of their national convention.  The document does not contain many surprises, but solidifies the direction GOP leadership will take should they win in November.  Here are some highlights for health advocates:

Repeal of the Affordable Care Act: Again, this comes as little surprise, given that Republicans have promised to repeal the measure since the day it was signed, and the Republican-led House has passed numerous bills to do so.  But the party platform confirms the party’s plans, saying “Congressional Republicans are committed to its repeal; and a Republican President, on the first day in office, will use his legitimate waiver authority under that law to halt its progress and then will sign its repeal.”

The document also offers insight into the framework of potential Republican legislation to replace the ACA, promising to “increase healthcare choice and options, contain costs and reduce mandates, simplify the system for patients and providers, restore cuts made to Medicare, and equalize the tax treatment of group and individual health insurance plans.”  The platform also calls for price transparency for health services, a cap on non-economic damages in medical malpractice lawsuits, and promotion of Health Savings Accounts and Health Reimbursement Accounts to be used for insurance premiums.

Medicaid Block Grants: This is another long-standing idea, which was included in the House-passed budget drafted by current Vice-Presidential nominee Paul Ryan.  Calling Medicaid “the next frontier of welfare reform,” the platform recommends block-granting the Medicaid program.  Currently, the federal government sets standards for Medicaid eligibility and pays about 60% of the cost of covering those individuals.  The block grant program would provide each state with a lump sum annual payment in exchange for greater freedom in administering the program.  The platform says this change would allow “flexibility to design programs that meet the needs of their low income citizens.”

Changes to Medicare: The platform also adopts the portion of the Ryan plan which would convert Medicare from a defined-benefit system into a defined contribution system for Americans under the age of 55.  This is what has come to be known as the voucher system, wherein Medicare beneficiaries would be given the option of traditional Medicare or income-adjusted premium support to purchase their own health insurance.  The platform also suggests an increase in the age of eligibility “without disadvantaging retirees or those nearing retirement,” but does not lay out particulars on when such changes would be implemented or to what age eligibility might be raised.

Investments in Healthcare: While much of the platform’s focus is on reigning in federal spending, Republicans do endorse “investment in healthcare delivery systems and solutions creating innovative means to provide greater, more cost-effective access to high quality healthcare,” specifically “basic and applied biomedical research, especially the neuroscience research that may hold great potential for dealing with diseases and disorders such as Autism, Alzheimer’s, and Parkinson’s.”

©2012 Drinker Biddle & Reath LLP

Securities Fraud National Institute – November 15-16, 2012

The National Law Review is pleased to bring you information about the upcoming Securities Fraud Conference by the ABA:

This national institute is an educational and professional forum to discuss the legal and ethical issues surrounding securities fraud.

Program highlights include:

  • Panel discussions with senior officials from the U.S. Securities and Exchange Commission  and U.S. Department of Justice
  • Updates since the passage of the Dodd-Frank Act
  • Breakout sessions focused on new financial reform legislation
  • Strategies for practitioners when representing clients under investigation, indicted and during appeals

When

November 15 – 16, 2012

Where

  • Westin New Orleans Canal Place
  • 100 Rue Iberville
  • New Orleans, LA, 70130-1106
  • United States of America

AntiSec Hackers Strike Again

An article by Cynthia J. Larose of Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C. regarding AntiSec Hackers was recently published in The National Law Review:

 

AntiSec – the hacker group that is the “merger” of Anonymous and Lulzsec – claims to have obtained the unique device identifiers (UDIDs) from 12 million Apple iPhone and iPad users by breaching an FBI computer, and have published more than 1 million of them.

Details of the hack can be found at ZdNet , Slate, and The Washington Post.According to the hackers, the alleged hack was intended to publicize the existence of some kind of secret FBI tracking project, also raising an embarrassing question of security for the FBI.

If you want to check whether your Apple UDID was in the compromised file, The NextWeb has developed a nifty quick check tool that you can see here.

©1994-2012 Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.

ICC Rules of Arbitration – October 8-9, 2012

The National Law Review is pleased to bring you information about the upcoming ICC Training:

  • Location: ICC Headquarters, Paris
  • Date: 08/10/2012 – 09/10/2012
  • Event Type: Training
  • Language: French, English

After the success of the first round of trainings, ICC will be hosting another 2-day session on the 2012 ICC Rules of Arbitration in Paris in October.

Learning outcomes

  • Acquire theoretical and practical knowledge of the main changes in the 2012 ICC Rules of Arbitration on important topics such as Emergency Arbitrator; Case Management and Joinder, Multi-party/Multi-contract Arbitration and Consolidation
  • Study the 2012 ICC Rules of Arbitration in small working groups of about 10 participants applying various provisions to mock cases
  • Gaining valuable insights from some of the world’s leading experts in arbitration including persons involved in the drafting of the New ICC Rules of Arbitration

Who should attend?
Arbitrators, legal practitioners and in-house counsel who already have knowledge in arbitration and wish to know more about the 2012 ICC Rules of Arbitration.

Smartphones – 24/7 Access: When are employees off the clock?

The National Law Review recently published an article by Cynthia L. Effinger of McBrayer, McGinnis, Leslie and Kirkland, PLLC regarding Smartphones and Employees:

With instant access to all things via smartphones and the internet, it has become increasingly easy for employees and employers to stay connected to work all the time. Smartphone access and being constantly connected is part of our professional make-up, and necessary to keep pace with the speed of the information highway. Right? Connectivity is firmly woven into everyday business practices but at what price?

If your company issues smartphones or similar devices to all or some of its employees so they can stay in touch, checking emails or responding to phone calls after-hours or on the weekends; your company could be at risk for ‘off-the-clock’ lawsuits.  The Fair Labor Standards Act (“FLSA”) requires employers to compensate non-exempt employees overtime pay for any time worked beyond a 40-hour workweek. Exempt employees (so long as they are classified correctly), are the exception. Under FLSA failure to pay an employee wages and overtime due will result in serious fines, and is a growing area of class action law suits.

Being smart about smartphones usage by employees is crucial. It is essential to have a clear electronic-use policy that outlines specific guidelines explaining work hours and use of any such device (laptops, tablets and phones). As an employer you are financially responsible for work hours that are requested and voluntary. Which means if a non-exempt employee is using a smartphone (company issued or personal) outside of work hours, for work purposes – even when not required or requested – the company is responsible for overtime pay to that employee for the hours worked. So, an electronic use policy needs to be very specific about what is permitted and what is prohibited.

Of course it is not enough to have a policy in place, it must be enforced. To enforce such a policy that applies to work performed after-hours and off-premises, the employer must institute a strong system of reporting and monitoring the activity. This could include a specific time-recording tool, as well as an essential versus non-essential activity list, which could temper an employee’s overtime.

There is a “de minimus” rule, which has been adopted in several federal court proceedings that classifies minimal time spent checking or replying to emails or texts as not compensable.  However, if the employee tracks and presents the aggregate of these de minimus actions, the time often becomes comprehensive enough for an overtime claim.

Having the correct system and policy in place to control smartphone usage is no longer an afterthought; it is an essential element of employment and a critical policy. Smartphones have changed the way we work, and as in many areas of business, technology surpasses our ability to keep up with the changes it creates. If you don’t have an electronic-use policy in place, we recommend you make it priority number one for the HR Department. Have it reviewed by an attorney, educate your staff and enforce its rights and restrictions.

© 2012 by McBrayer, McGinnis, Leslie & Kirkland, PLLC

Chief Litigation Officer Summit Fall 2011 15-17 September 2011, Red Rock Casino, Resort, Spa, Las Vegas, NV

The National Law Review is  pleased to announce the Chief Litigation Officer Summit Fall 2011 is taking place on the 15 through 17 of  September 2011, Red Rock Casino, Las Vegas, NV.

A Unique Event

The future of litigation will bring new matters, increased competition and a strong need for budget maximization. Employment, IP, product liability, commercial and securities litigation continue to become more complex and therefore more costly. As a Chief Litigation Officer, one of the main challenges is to stay within budget, and tactics such as eDiscovery and specialized outside counsel certainly compound this challenge.

Executives that can find solutions and best practices to work through these challenges will stand out amid a mounting sea of litigation counsel. By employing alternative billing structures, one can allow for fair and accurate budgeting in hopes of maximizing resources, which will help contribute to a successful trial. Skillful planning, organizing and managing of cases is absolutely necessary to stay on top of your game during the trial or deciding on alternative dispute resolution. Enhancing outside counsel relationships through effective communication can greatly increase your odds and assist in dealing with a building case load.

The Chief Litigation Officer Summit provides a unique forum for service providers to gain access to the leading in-house counsel across the nation. Over three days, service providers will meet and interact with the heads of litigation from the country’s leading organizations through a number of one-on-one business meetings and many networking activities. In addition, service providers will attend strategic conference sessions and keynote presentations delivered by these heads of litigation. Within the luxurious settings of The Red Rock Casino, Resort & Spa, this networking event presents a unique opportunity to develop meaningful and valuable business relations.

marcus evans will seek CLE accreditation in those states requested by registrants which have continuing education requirements. CLE credit hour information will be displayed on the certificate of attendance, which is provided to the attendees after the event has run and once each State has confirmed approval. marcus evans certifies that this activity has been approved for CLE credits by the State Bar of California and the State Bar of Pennsylvania.

Our executive delegation is selected according to the following criteria:

  • Scope of Responsibility
  • Budget
  • Sign-off Authority
  • Company Revenue
  • Interest in Purchasing Products and Services

Delegates will include decision makers with the job titles of General Counsel Litigation, Assistant General Counsel Litigation, Associate General Counsel, Litigation, Chief Litigation Officer, Vice President, Litigation and Senior Litigation Counsel with ultimate responsibility for litigation within their corporations.
Six Reasons Why You Should Attend the Summit:

  • Attend innovative summit sessions that outline tools to maximize the profitability of your company or organization
  • Network with an executive, focused group of your peers to discuss and debate differentiated strategies and develop future business contacts
  • Meet with leading Solution Providers to gain solutions to your most pressing business challenges
  • Maximize your time spent at the event by pre-selecting Keynote presentations, summit sessions, one-on-one meetings and networking activities through the Secured Summit Web site and scheduling software
  • Extensive opportunities for informal peer networking throughout the weekend through day and evening leisure activities
  • Documentation of presentations and information presented at the Summit via the interactive Web site


Delegate Package 

  • Pre-event Secured Web site access for scheduling
  • Executive Summit Program
  • 8-10 one-on-one business meetings with Solution Provider executives
  • Post-event Web site access for documentation and information on next event
  • Two nights accommodation at the Resort
  • All meals, receptions & special events
  • Participation in the Summit networking activities


For information on attending as a Delegate, please contact:
Marketing Manager
E: webenquiries@marcusevansbb.com
T: 246 627 3761

Union “Death Warrant” Heading for November Ballot in Michigan?

The National Law Review recently published an article regarding Unions and Michigan Ballots written by Gerald F. Lutkus of Barnes & Thornburg LLP:

 

The union-backed “Protect Our Jobs” initiative took two steps closer Monday to being on the November ballot in Michigan.  The initiative would make collective bargaining a constitutional right under the Michigan Constitution for both public and private employees.

After the Michigan Board of Can­vassers originally stalemated on whether the initiative could go on the ballot, the Protect Our Jobs Committee filed suit and Monday afternoon, the Michigan Court of Appeals by a 2-1 vote ordered the Board of Canvassers to proceed with putting the initiative on the ballot.

Though an appeal to the Michigan Supreme Court seems likely, on Monday evening, the state Board of Canvassers certified the proposition for placement on the November ballot.  A coalition of union groups lead by the AFL-CIO, the United Auto Workers and the Michigan Education Association had previously submitted petitions with nearly 700,000 signatures — twice the number needed.

A Reuters News Service report quotes critics who have attacked the proposition as a “death warrant” for Michigan’s economy. Sara Wurfel, a spokeswoman for Michigan Gov. Rick Snyder, told Reuters that the governor remained opposed to the measure because “it has potentially far-reaching implications and ramifications to numerous existing statutes that would turn back progress and appear to go well beyond what paid petition gatherers portrayed.”

© 2012 BARNES & THORNBURG LLP

Criminal Tax Fraud and Tax Controversy 2012 – December 6-7, 2012

The National Law Review is pleased to bring you information about the upcoming ABA Criminal Tax Fraud Conference:

When

December 06 – 07, 2012

Where

  • Wynn Las Vegas
  • 3131 Las Vegas Blvd S
  • Las Vegas, NV, 89109-1967
  • United States of America

As in past years, these institutes will offer the most knowledgeable panelists from the government, the judiciary and the private bar.  Attendees will include attorneys and accountants who are just beginning to practice in tax controversy and tax fraud defense, as well as those who are highly experienced practitioners.  The break-out sessions will encourage an open discussion of hot topics.  The program will provides valuable updates on new developments and strategies, along with the opportunity to meet colleagues, renew acquaintances and exchange ideas.

Coast Guard Proposes New Rule on Discharges in the Great Lakes

Varnum LLP‘s Timothy J. Lundgren recently had an article, Coast Guard Proposes New Rule on Discharges in the Great Lakes, published in The National Law Review:

Varnum LLP

 

The Coast Guard is proposing to replace its interim rule with a new rule to regulate the operation of U.S. and foreign vessels carrying bulk dry cargo (e.g., limestone, iron ore, coal) on U.S. waters of the Great Lakes, and the operation of U.S. bulk dry cargo vessels anywhere on the Great Lakes. The new requirements address the discharge of bulk dry cargo residue (“DCR”). The proposed rule would continue to allow non-hazardous and non-toxic discharges of bulk DCR in limited areas of the Great Lakes. However, vessel owners and operators would need to minimize DCR discharges and document their methods for doing so in DCR management plans. Certain additional DCR discharges currently allowed would be restricted.

The potential for DCR discharges to encourage non-native species, the interaction of this regulation with EPA’s Vessel General Permit and the states’ coastal zone management plans as well as various other laws and treaties, and a variety of other topics are covered in the Federal Register Notice. Comments on the proposed rule can be submitted to the online docket on or before October 29, 2012.

© 2012 Varnum LLP

Negotiating Business Acquisitions Conference – November 1-2, 2012

The National Law Review is pleased to bring you information regarding the upcoming ABA Conference on Business Acquisition Negotiations:

When

November 01 – 02, 2012

Where

  • Wynn Las Vegas
  • 3131 Las Vegas Blvd S
  • Las Vegas, NV, 89109-1967
  • United States of America