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News from the Health Law Gurus™: July 2014

Survey of ACA Navigators Finds 10.6 Million People Sought Enrollment Help — In a survey released this week, the Kaiser Family Foundation (“Kaiser”) estimates that approximately 10.6 million people received assistance...more

Will Minnesota's New Medical Marijuana Law Leave Employers High and Dry?

Minnesota recently became the 22nd state to legalize medical marijuana use and, as part of the new law, to enact new potential employment protections for registered users of medical marijuana. Minnesota’s new marijuana law...more

Africa Update - July 2014 #2

In This Issue: - Leading the News - United States – Africa Relations - North Africa - East Africa - West Africa - Sub-Saharan Africa - General Africa News - Excerpt from...more

Bullying: Slowly But Surely, the Law Recognizes an Age-Old Problem

How far is too far when it comes to protecting your child from an alleged school bully? A mother in Santa Rosa, California may very well have pushed the limits of good parenting in attempts to protect her daughter earlier...more

Administrative and criminal violations involving the same fact: the recent positions of the European Court of Human Rights and of...

The European Court of Human Rights takes a stand on the ne bis in idem principle intervening on the relationship between administrative and criminal violations involving identical facts. Two recent decisions give interesting...more

Houston Joins Sexual Orientation and Gender Identity Discrimination Ban

Houston, Texas now prohibits employers from discriminating on the basis of sexual orientation or gender identity. Houston is the last major city in Texas to pass such an ordinance. The Houston City Council passed Ordinance...more

Judge Rules to Limit Mandatory Detention of Immigrants in California

On Thursday May 15, United States District Court Judge for the Northern District of California, Yvonne Gonzalez Rogers granted a motion for a preliminary injunction and motion for class certification in Preap v. Holder, a...more

Search Me: The Constitutionality of “Stop and Frisk” Policies

The constitutionality of the New York City Police Department’s (NYPD) “stop and frisk” policy (which resulted in thousands of pedestrians detained and patted down without reasonable suspicion) was the subject of intense...more

Ifrah Law Report: Johns Hopkins Symposium on Social Costs of Mass Incarceration

On April 28, 2014, Ifrah Law attorneys Jeff Hamlin and Casselle Smith attended a symposium on incarceration presented by The Johns Hopkins University and its Urban Health Institute. The day–long program focused on adverse...more

Microsoft Mail and the 4th Amendment: Do Any of Us Seriously Think We Have a Right Not to Have Email Seized as Possible Evidence?

A perspective on the recent Fourth Amendment and privacy considerations raised by Judge James C. Francis' recent Memorandum and Order: 'In The Matter Of A Warrant To Search A Certain E-Mail Account Controlled And Maintained...more

Africa Update

In This Issue: - South Sudan - United States – Africa Relations - North Africa - East Africa - West Africa - Sub-Saharan Africa - General Africa News - Excerpt from South Sudan: On April...more

Supreme Court Won’t Hear Immigration Enforcement Case

The Supreme Court is refusing to hear a Maryland immigration enforcement dispute. The Court announced it won't hear Frederick County’s appeal of a ruling last August by the 4th U.S. Circuit Court of Appeals. The dispute now...more

Small Business Procurement and Contract Act For Postsecondary Institutions, Employment Contracts for Local Agency Executives, Sex...

KMTG will be issuing a series of updates on new legislation signed by Governor Brown. All laws became effective January 1, 2014, unless otherwise stated. Small Business Procurement and Contract Act For Postsecondary...more

New Campus Security Laws Take Effect This Month

A key section of the comprehensive federal legislation passed last year to prevent and address violence against women on campuses nationally takes effect this month. It is critical for educational institutions to understand...more

Script Newsletter: March 2014

In this issue: - A Look Behind the OIG’s Work Plan - Do You Need an Estate Plan? - Same-Gender Marriage Implications for Employee Benefit Plans - New Child Abuse Reporting Law Gets Tough -...more

Is Punishment Dead in America? [Video]

Feb. 25, 2014 -- New York Law School Professor Robert Blecker discusses his new book entitled "The Death of Punishment: Searching for Justice among the Worst of the Worst." Harvard Law School's Laurence Tribe called the book...more

Employee Theft of Employer Documents—Protected Conduct in Opposition to Discrimination or Criminal Activity?

From time to time, there is media coverage about a teacher or other public school employee who has been charged with a serious crime that occurred outside the school environment. If this employee had previous convictions or...more

Wisconsin Law Designed To Hold Officers Accountable For Deaths In Police Custody Never Used

Back in 1981, Ernest Lacy died in the back of a Milwaukee Police Department (“MPD”) wagon. Even though police officers denied striking Mr. Lacy, the medical examiner found more than 30 cuts and bruises on his body. In...more

Immigration Alert: January 2014

I. H-1B Nonimmigrant Season Opens on April 1, 2014, for Fiscal Year 2015 - As most H-1B employers know, there is an annual quota on the number of new H-1B petitions that can be approved each federal fiscal year. The...more

Blowing the Whistle on the Whistleblower: When a Whistleblower Takes Confidential Documents

As you may have read in our previous blog post, prudent employers should embrace the “righteous whistleblower” in service of their culture of compliance. But what is an employer to do when a whistleblower has engaged in...more

Senate Passes an Antitrust “Whistleblower” Protection Bill

On November 4, 2013, the United States Senate passed S. 42, the “Criminal Antitrust Anti-Retaliation Act,” by unanimous consent. The legislation, introduced back in January of 2013 with bipartisan support (Senators Leahy (D)...more

New Jersey Court Rules Individual Can Be Criminally Prosecuted for Taking Confidential Information to Support Civil Whistleblower...

In 2010, the New Jersey Supreme Court created a qualified privilege for an employee taking documents to support an employment discrimination suit. However, this past December, in State of New Jersey v. Ivonne Saavedra, the...more

N.J. Court Upholds Criminal Indictment against Former Employee Who Took Confidential Documents

Recently, the Appellate Division of the New Jersey Superior Court upheld a criminal indictment against a former employee of the North Bergen Board of Education (the Board), which stemmed from the alleged theft of public...more

Act Now Advisory: Court's Ruling That Employees Have No Blanket Entitlement to Take Employer's Confidential Documents for...

In a case that may have a broad impact, the New Jersey Appellate Division issued a decision on December 24, 2013, upholding criminal charges against a former school board clerk who took hundreds of confidential documents for...more

When Santa Is Naughty, Does He Give Himself a Lump of Coal?

If so, then Santa should be giving himself a nice chunk of West Virginia’s finest to burn in his stove this Christmas. According the Associated Press, recently, at a mall in Hingham, Massachusetts, Santa was barred from the...more

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