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19 Dec 2019, 4:11 pm by INFORRM
Baker J agreed with Feeney J in Collins that neither Article 23 of the Data Protection Directive (Directive 95/46/EC) [hereafter: Article 23 DPD] nor section 7 DPA88 provided for compensation for strict liability or for the automatic payment of compensation but limits compensation to the existence of a duty of care within the law of torts. [read post]
Ultimately, the Board held that “[t]here is no independent statutory obligation to check off and remit dues after expiration of a collective bargaining agreement containing a checkoff provision, just as no such obligation exists before parties enter into such an agreement. [read post]
19 Dec 2019, 2:00 am by Kevin Kaufman
Static (or “fixed date”) conformity also incorporates wholesale updates of the federal tax code as it existed at a specific point in time, rather than adopting all changes on a rolling basis. [read post]
18 Dec 2019, 4:08 pm by INFORRM
Instead, section 7 simply provides for the existence of a duty of care within the law of torts, and that requires proof of damage. [read post]
18 Dec 2019, 1:45 pm by Green, Schafle & Gibbs
FINRA: SUITABILITY AND SALES PRACTICES ISSUES LINGERFinancial Industry Regulatory Authority Inc (FINRA) released its “2019 Report on Examination Findings and Observations”, in October 2019. [read post]
18 Dec 2019, 10:03 am by Cynthia Marcotte Stamer
  Except for pain management and certain other medications flagged by regulators or benefit systems as subject to heightened abuse risks, many plan administrators regularly take for granted existence of a current, valid script for many common, frequently issued and renewed, low cost prescriptions issued within frequency and other guidelines based upon the assumption that legal and ethical obligations of pharmacists and pharmacies under licensing, Drug Enforcement Agency and [read post]
  The relevant distinction between the two types of mandatory subjects lies between terms that can exist from the commencement of the bargaining relationship and terms that cannot exist until the parties affirmatively contract to them. [read post]
16 Dec 2019, 3:13 pm by Cynthia Marcotte Stamer
The $1.6 million civil monetary penalty (“CMP”) assessed against the Texas Health and Human Services Commission (“TX HHSC”) for violations of the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) Privacy and Security Rules between 2013 and 2017 committed by a predecessor agency, the Department of Aging and Disability Services (“DADS”) illustrates the critical need for health plans and insurers and all other HIPAA covered entities… [read post]
16 Dec 2019, 5:36 am by Paul Willetts
Moving north of the border, a senior executive from Toronto-based asset management firm, BlackRock Inc., suddenly resigned under similar circumstances early this month.In both cases, the employee lost their job not for becoming involved in a relationship with a co-worker, but rather for failing to comply with company policy. [read post]
15 Dec 2019, 5:44 pm by Cannabis Law Group
However, so long as these federal barriers exist, we can expect consumers to continue turning to the black market. [read post]