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Showing 11 posts from February 2014.

Why Compliance Programs Matter

Andrew Selesnick presented “Reimbursement: Getting Paid,” at the California Association of Medical Product Suppliers (CAMPS) Annual Convention on February 25, 2104 in Los Angeles, CA. In this segment, he discusses the importance of having a compliance program to keep whistleblowers at bay.

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Insurance Regulatory Update

Bill Gausewitz provides regular regulatory updates to the State Bar Insurance Law Committee. Check out the February 2014 report. (Read More)

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Will "Suitable Seating" Collective Actions Hit Your Industry

California’s Industrial Welfare Commission Wage Orders specify that employers must provide “suitable seating” to employees where “the nature of the work reasonably permits the use of seats.” The law was originally intended to address concerns regarding adequate seating on production lines with heavy machinery, but it has recently seen a rash of collective actions by plaintiffs’ attorneys. Banks, pharmacies, retailers and grocery stores have all been sued based on alleged violations of this provision in the Wage Orders. View Full Article

Origins of the Fraud, Waste and Abuse Unit of the Water Board

Lara Shortz's presentation on “Funding and Legal Issues Regarding Cleanups” at the Professional Environmental Management Association (PEMA) seminar held February 18, 2014 in Long Beach, CA. Here, she discusses the origins of the Fraud, Waste and Abuse Unit within the Office of Enforcement of the State Water Resources Control Board (SWRCB). The event sought to provide strategies for maintaining compliance with government regulations and mitigating losses when audited.

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Software 'Work For Hire' Agreements: A Few Tips

Regardless of your industry, chances are likely that you or your firm will at some point need to procure software products or services. Many times, instead of licensing that software using an off-the-shelf solution, it actually makes financial and strategic sense to either develop customized software in-house through qualified professionals within your organization or to engage the services of an outside software development firm. (Read More)

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Doing Due Diligence for Employee Terminations

Urgent care centers are in the business of helping people, but they are still businesses.  In order to function at optimal levels, sometimes tough decisions need to be made.  When a termination is necessary due to poor job performance or some form of misconduct, it is always best to adhere to a structured protocol.  Doing your due diligence and having the documentation to back up your decision is a fundamental part of running a successful operation.

A Discussion of Rate Parity in the Hospitality Industry

M&R attorney Imran Hayat discussed rate parity, also known as resale price maintenance, at the Hospitality Lawyer Conference on February 12, 2014, in Houston, Texas. In this segment, he explains why a vertical pricing agreement is acceptable in the hospitality industry while a horizontal pricing agreement is illegal, as part of the conference’s “Top Topics” seminar. The misunderstanding of this important distinction has resulted in many lawsuits within the hospitality industry.

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California Attorney General Preps Best Practices for New Web Privacy Law

How effective is a voluntary, browser-based, do-not-track signal for consumers if websites are not legally required to honor that signal? Based on a running list maintained by researchers at Stanford University that tracks the number of websites that honor the do-not-track signal, the answer is: almost useless (the list shows that only 20 websites honor such requests). (Read More)

How Attorneys Can Assist When Responding to SWRCB Audits

Lara Shortz gave a presentation on “Funding and Legal Issues Regarding Cleanups” during the California Unified Program (Cal CUPA) Annual Training Conference Forum held February 3, 2014 in Burlingame, CA. In this segment, she discusses how specialized lawyers can help environmental consultants respond to audits by the State Water Resources Control Board (SWRCB) when seeking to determine compliance with the Underground Storage Tank (UST) Cleanup Fund. 

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Defrauded Investors Pursue Recovery from Financial Institutions for Ponzi Schemes

Since the beginning of the Great Recession, Ponzi schemes, like the one orchestrated by the infamous Bernie Madoff, have been exposed with some regularity. Because of their “rob Peter to pay Paul” nature, the disintegration of Ponzi schemes usually leaves their defrauded investors with little to no assets for recovery. (Read More)