European Legal News

September 21, 2018 - Budget Day 2018

On Tuesday 18 September 2018, Budget Day 2018, the Dutch Minister of Finance has published the Tax Plan 2019. Below the most important measures from an international perspective will be outlined. For the larger part, the Tax Plan 2019 contains measures which were already announced in the coalition agreement. In ...

September 17, 2018 - Securing Wireless Infusion Pumps in Healthcare

The National Cybersecurity Center of Excellence (NCCoE) announced in August that it has finalized the draft guidance it first issued in May of last year on securing wireless infusion pumps. Infusion pumps are often tasked with supplying a steady inflow of life-saving or life-sustaining medications, and their exposure to the ...

September 14, 2018 - Employers Seeing Increased I-9 Audits & Fines Under Trump Administration

Under the current administration, in FY17, businesses were ordered to pay $97.6 million in judicial forfeitures, fines and restitution, and $7.8 million in civil fines, including one company whose financial penalties represented the largest payment ever levied in an immigration case. ?Under federal law, employers are required to verify the ...

August 15, 2018 - What Exactly Is Use in Commerce

Many federal trademark applications are filed on an intent-to-use basis, which means that the applicant has not yet begun to use the mark in connection with its business activities to brand, market, and sell its products. However, in order to complete the trademark registration process, it is necessary to demonstrate ...

August 14, 2018 - New legislation regarding the provision of services in the area of tourism industry in the Czech Republic part two

Part two of this article is focused on (i) the new legal regulation concerning the consumer protection in the area of tourism industry and on (ii) the most important changes relating to the right to operate a travel agency in the Czech Republic. All these changes were introduced by the ...

August 13, 2018 - New legislation regarding the provision of services in the area of tourism industry in the Czech Republic part one

This article is devoted to the new legal regulation regarding the provision of travel and related services in the Czech Republic. As of 1st July 2018 the Amendment of the Czech Act No. 159/1999 Coll., on certain business conditions and performance of certain activities in the area of tourism industry, ...

August 10, 2018 - Three Things about the Affordable Care Act Employers Need to Focus on Now

The Affordable Care Act (“ACA”) is alive and well, despite renewed legal challenges and the elimination of the ?individual mandate? beginning next year. While the Tax Cuts and Jobs Act reduced the tax penalty for individuals who don?t have health coverage to $0, effective for 2019, employers continue to be ...

August 8, 2018 - The New EU Data Privacy Rule and Its Impact on Your Organization

The General Data Protection Regulation (“GDPR”) establishes protections for the privacy and security of personal data regarding individuals in the European Economic Area countries (all European Union member states, Norway, Iceland and Liechtenstein ? referred to for purposes of the GDPR as the “EU”). The GDPR became effective on May ...

August 6, 2018 - CORPORATE PHILANTHROPY GOOD PRACTICES TAX REDUCTION OR DEDUCTIBLE EXPENSE CORPORATE INTEREST PHILANTHROPY AND THE ADVENT OF MISSION-LED BUSINESSES

Corporate philanthropy is faring well, even though it is still a recent practice compared to philanthropy overall. In France, corporate philanthropy effectively stems from the law on corporate foundations adopted relatively recently, on 4 July 1990[1]. It is in fact quite significant to see how difficult it was for the ...

August 3, 2018 - PHILANTHROPISTS INTENTIONS: THE STRATEGIC CHOICE OF LEGAL STRUCTURE

Initiating and conducting a philanthropic project imply strategic choices in terms of governance, durability and tax treatment, in order to give legal effect to the intentions of the founding philanthropist. Philanthropy and economics increasingly share a project rationale, which involves defining the approach to be taken to improve the chances ...

August 1, 2018 - Internet Seller Beware

Due to a recent Supreme Court decision, internet sellers may now be required to collect and remit sales taxes in states in which they have no physical presence. In the landmark case of South Dakota v. Wayfair, Inc., decided on June 21, the Court overturned its prior decisions that had ...

July 30, 2018 - Innovative Treatment Models for Alzheimers Disease and Dementia Care

Exploring an “aging in place” approach that maximizes cost savings and patient-caregiver wellbeing Overview: Over five million Americans are living with Alzheimer?s Disease and other dementia (AD). As the ?Baby Boomer? generation continues to age, the number of individuals suffering from AD will likely grow exponentially over the next three ...

July 28, 2018 - When Is Travel Time Compensable For Employees With No Regular Workday

Employees? work schedules seem to be as fluid than ever. More and more, employers are bending to the employment market?s demand by allowing employees to work remotely from home and/or to reasonably set their own hours to accommodate personal obligations such as caring for children or loved ones. If done ...

July 25, 2018 - The Trump Twitter Case, and Its Implications for Other Public Officials

In late May, District Judge Naomi Reice Buchwald of the Southern District of New York issued her decision in Knight First Amendment Institute at Columbia University v. Trump, No. 17 Civ. 5205 (NRB) (S.D.N.Y. May 23, 2018), granting summary judgment to the plaintiffs and holding that President Donald Trump and ...

July 23, 2018 - Physician and private equity partnership: Goal is to create larger, more robust platform for delivery of care

There is a recent trend of physician practices partnering with private equity firms (PE Firms) as hospitals and other large health systems have curtailed their acquisition of physician practices. Physician practices and PE Firms are looking to align themselves to create a larger, more robust platform for the delivery of ...

July 20, 2018 - Indirect Auto Lending Anti-Discrimination Regulation Meets the Congressional Review Act

With the stroke of a pen, President Trump nullified the 2013 informal guidance on ?Indirect Auto Lending and Compliance with the Equal Credit Opportunity Act? (Guidance) issued by the Consumer Financial Protection Bureau (CFPB or Bureau)?now preferring to be known as the Bureau of Consumer Financial Protection?when he signed into ...

July 17, 2018 - The New EU Data Privacy Rule and Its Impact on US Healthcare Organizations

The General Data Protection Regulation (“GDPR”) establishes protections for the privacy and security of personal data about individuals in the European Economic Area countries (all European Union member states, Norway, Iceland and Liechtenstein ? referred to for purposes of the GDPR as the “EU”). The GDPR became effective on May ...

July 13, 2018 - Environmental insurance: What to consider before buying

Before investing in commercial real estate, parties should be aware of potential environmental liabilities and should carefully consider options for minimizing their exposure to such liabilities. One approach for minimizing environmental liability exposure is to obtain environmental insurance. Although environmental insurance does not eliminate the statutory liability of owners and ...

July 11, 2018 - Untimely Notice of Controversy or Pre-Hearing Conference Statement Why Carriers Should Not Give Up Hope on a Disallowance

Where a carrier has elected to controvert a claim, the Workers? Compensation Law in New York sets forth a strict timeframe for filing a denial and initial pleadings. Section 25(2)(b) provides that once a claim has been indexed against an employer, the carrier must file a notice of controversy with ...

July 9, 2018 - Why Should Nursing Homes Care About Senior-to-Senior Bullying

The word ?bully? often brings to mind schoolyard quarrels and adolescent cliques but, unfortunately, bullying has no age limit. While not a new issue, some recent publications have sought to raise public awareness of bullying in nursing homes. As senior-to-senior bullying becomes a more familiar topic, providers? efforts to prevent ...

July 6, 2018 - FTC Applies Antitrust Non-Profit Exemption to Physician Organization Affiliate of Non-Profit Hospital

Many North Carolina hospital systems have separate business corporations or limited liability companies to house the physician component of their integrated health care delivery systems. Hospitals may take this step for any number of reasons, including protecting the hospital from potential liability, avoiding the need to pay unrelated business income ...

July 4, 2018 - Is This The End of the End of Life Option Act

A flurry of rulings during the last two weeks of May has generated enormous confusion regarding the status of California’s two-year-old End of Life Option Act (“EOLOA”), the law that allows a terminally ill adult with a six-month prognosis to obtain aid-in-dying drugs from a physician, subject to numerous safeguards. ...

July 3, 2018 - The different types of agreement on the exchange of personal data

Many people think each exchange of personal data requires a processor?s agreement to be entered into. In a previous blog I have already explained that this is not the case. What arrangements must then be put in place? In this blog I will be investigating this issue further. Different forms ...

July 2, 2018 - Emerging Contaminants: Property Owners and Licensed Environmental Professionals Take Notice

The United States Environmental Protection Agency (USEPA) and individual states are examing per-and polyfluoroalkyl substances (PFAS) in an attempt to establish new cleanup standards, which will affect both ongoing and previously completed cleanups at contaminated sites. In order to communicate these efforts, the USEPA prepared the attached presentation. Owners and ...

June 29, 2018 - More Technology, More Headaches for Employers

Technology is great. I can use my smartphone to change a million TV channels without getting up (of course, there?s still nothing to watch until Game of Thrones returns). Employers, too, are reaping the benefits of technology for the most routine areas of employee and facilities management ? including timekeeping ...