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Maker of Babyganics Sued in NY Federal Court for False Marketing Practices, Halunen Law Announces

NEW YORK & MINNEAPOLIS –(BUSINESS WIRE)


Consumers from New York and California filed a class action lawsuit in
federal district court in New York today against KAS Direct LLC,
alleging that the company uses deceptive marketing and business
practices to promote its Babyganics line of infant-oriented health,
hygiene, and personal-care and household cleaning products, said
plaintiffs law firm Halunen Law.


Despite its name, the suit alleges that most Babyganics products are not
manufactured using organic ingredients. Yet the company’s marketing has
made them appear as the organic and therefore safer and healthier – if
costlier – alternative to thousands of American parents concerned about
reducing their babies’ physical exposure at home to potentially harmful
synthetic chemicals the complaint alleges. Most Babyganics infant care
products are applied directly to the skin, such as sunscreens, diaper
rash rubs, insect repellents, and hand and face wipes. The suit alleges
that consumers have become increasingly concerned about the effects of
synthetic and chemical ingredients in their products and that Babyganics
is capitalizing on consumers’ concerns and their desire for “organic
products.”


The lawsuit alleges that the Babyganics name violates various consumer
protection statutes in California and New York, and by extension
throughout the United States, since Babyganics products are marketed
through various retail channels on a national basis. The lawsuit asks
the court to award class damages from KAS/Babyganics in excess of $5
million and to require the company to cease using marketing practices
that falsely portray it as an organic company making organically based
products.


According to the complaint, the Babyganics deception begins with the
brand name itself, which implies to consumers that the company is all
about organic products, despite the inclusion of laboratory-derived
chemicals in several products such as baby sunscreens and cleaning
agents. The Babyganics business is built on the idea that consumers will
pay more for organically-based products, because they perceive them to
be more healthful and life-enhancing, the complaint states. The
Babyganics name, itself an artificially contrived admixture of baby and
organics, was deliberately selected to suggest to consumers that
Babyganics differentiates itself – falsely – by making products free of
synthetic chemical intrusion or composition, says the complaint.


“Consumers deserve truth in labeling and should have confidence that
they can rely on product labels when making purchasing decisions. We are
talking about calling products ‘organic’ that contain potentially
harmful chemicals—we will fight hard to right what we believe is a
wrong,” says Melissa Wolchansky, attorney with Minneapolis-based Halunen
Law, one of three law firms filing the class action lawsuit on behalf of
plaintiffs Tanya Mayhew in New York and Tanveer Alibhai in California.


The deception allows Babyganics to charge premium prices for its
products, a practice that has unjustly enriched the company to the tune
of millions of dollars, the complaint alleges. So successful was
Babyganics strategy that it appeared on the Inc. 5000 list of fastest
growing private companies in America in 2014, after reporting a 277
percent annual growth rate for the previous three years.


Plaintiff Mayhew purchased the Products because she saw the labeling,
advertising, the Defendant’s website, and read the packaging, which
represented that the products are “Organic” and “Mineral-Based.” The
marketing convinced her that Babyganics products were worth the premium
prices she paid for them, when in fact she now believes the products are
worth less than she paid.


Plaintiff Alibhai sought to reduce her young child’s sun exposure risk
in purchasing the Babyganics mineral-based sunscreen, believing it to be
free of chemical sunscreens. Her child developed a skin rash from using
the product, after which she discovered that Babyganics included several
chemicals, including Octinoxate and Octisalate, two active chemical
sunscreens that the Environmental Working Group (a member of a “sun
safety coalition” with KAS/Babyganics) tells consumers are under
scrutiny in Europe for potentially harmful human impacts. By featuring
the product as “mineral based,” Plaintiff Alibhai alleges that
Babyganics purposely sought to deceive health-conscious consumers into
believing the product was free of chemical sunscreens.


All told, Babyganics markets dozens of products for infant and household
care. While many of them contain some organic ingredients, they fall
short of meeting the legal standard for labeling a product as organic,
as defined by the California Organic Products Act of 2003 and the
National Organics Program, the complaint alleges. COPA mandates that “no
product shall be sold as organic pursuant to this article unless it is
produced according to regulations promulgated by the NOP, and consists
entirely of products manufactured only from raw or processed
agricultural products.”


Class action lawsuits are an effective means for redressing marketplace
fraud and deceit, empowering consumers – and the legal system – to take
action collectively against practices that may not, on an individual
transaction basis, be practical to litigate. “We stand up for consumers
against retail fraud, that’s what lawyers like myself do,” says
Wolchansky. “I encourage any consumer who believes they are victims of
systematic retail fraud to contact a class action law firm such as
Halunen Law or my co-counsel at Cuneo Gilbert & LaDuca and The Sultzer
Law Group.”

About Halunen Law


Halunen Law has expertise in litigating consumer class actions and a
track record of success in challenging dishonest marketing, corporate
fraud and illegal business practices. Halunen also offers experienced
representation to employees and whistleblowers under the False Claims
Act and other statutes. Visit the firm’s website at www.halunenlaw.com.

About Cuneo Gilbert & LaDuca, LLP


Cuneo Gilbert & LaDuca has litigated scores of defective building
products and consumer cases and recovered over $2 billion for its
clients. Cuneo represents individuals and businesses that have been
victims of antitrust violations, faulty products, civil rights
violations, and securities fraud. Learn more about Cuneo Gilbert &
LaDuca at http://www.cuneolaw.com,
Washington, D.C. | Tel: (202) 789-3960.

About The Sultzer Law Group P.C.


The Sultzer Law Group, P.C. focuses on complex civil litigation,
including consumer class actions. The firm is headquartered in New York,
and maintains offices in California, New Jersey, and Pennsylvania. Since
its founding in 2013, The Sultzer Law Group, P.C. has served as lead
counsel in numerous high-profile consumer class action cases. The firm’s
attorneys have contributed to or been featured in various well known
publications regarding their class action practice, including: Law360,
Inside Counsel Magazine, Risk Management Magazine, and CNBC News. More
detail about the firm, its practice areas, and its attorneys appears on
its website: www.thesultzerlawgroup.com.

Halunen Law
Melissa Wolchansky, 612-605-4098
or
Big
Thunder PR

Doug Hovelson, 612-722-5501
doughovelson@msn.com

Copyright Business Wire 2016

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Report: Justice Dept. is divided on intent of law it's using to investigate

(c) 2016, The Washington Post.

WASHINGTON – The obscure law that authorities are using to investigate Virginia Gov. Terry McAuliffe – and could possibly use to probe the overseas dealings of former Donald Trump campaign chairman Paul Manafort – is rarely enforced, and Justice Department officials and agents generally do not agree on its intent, according to am inspector general’s report released Wednesday.

The Foreign Agents Registration Act, which requires U.S. citizens who lobby on behalf of foreign governments to register with the Justice Department, generated only seven criminal cases between 1966 and 2015, according to the report. The department inspector general’s office found that agents and prosecutors had different understandings of the law and disagreed on how to apply it.

“We believe these differing understandings are indicative of the lack of a comprehensive Department enforcement strategy on FARA, which the Department should develop and integrate with its overall national security efforts,” the report concluded.

While the report would not affect McAuliffe, a Democrat, or Manafort directly, it shows how unusual it would be for prosecutors to initiate criminal proceedings against either of them.

In McAuliffe’s case, it is unclear exactly what has drawn investigators’ attention. Federal officials have told The Washington Post they are looking broadly at his personal finances, especially foreign sources of income. McAuliffe’s attorney has said they are investigating potential violations of FARA, though the lawyer insisted they will find no wrongdoing.

Manafort resigned from his job with Trump’s campaign amid reports of his past dealings in Ukraine. The Associated Press reported that he “helped a pro-Russian governing party in Ukraine secretly route at least $2.2 million in payments to two prominent Washington lobbying firms in 2012, and did so in a way that effectively obscured the foreign political party’s efforts to influence U.S. policy.”

The firms – Mercury and the Podesta Group – said they were assured the funds came from a nonprofit group, not from a government or political party, and they registered under the Lobbying Disclosure Act rather than FARA. Manafort, who did not register as a foreign agent or lobbyist for his Ukraine work, has said he never represented the governments of Ukraine or Russia.

The inspector general’s office found that registrations under FARA, which was passed in 1938 as an effort to combat fascist and communist propaganda, began to fall sharply in the mid-1990s.

The report found that enforcement actions are extremely rare. The Justice Department, the report said, had not sought civil relief under FARA since 1991, and two of the seven criminal cases it brought between 1966 and 2015 were dismissed. An eighth case was approved for prosecution in November 2015, according to the report.

In 2010, former congressman Mark Deli Siljander, R-Mich., pleaded guilty to obstruction of justice and a charge under FARA, admitting that he had been hired by an Islamic charity based in Sudan to lobby for the group’s removal from a federal list of charities suspected of funding international terrorism, without being properly registered to do so.

The inspector general’s office found that FBI counterintelligence agents and officials in the national-security division had differing understandings about FARA’s intent and what actually constituted a “FARA case.”

According to the report, agents believed officials in the national-security division were reluctant to approve charges and seemed to prefer forcing alleged FARA violators to register rather than prosecuting them. Officials in the national-security division said they believed the primary goal of FARA was to “ensure appropriate registration and public disclosure,” though they disputed they were reluctant to approve charges when appropriate.

The law carves out what seem to be broad exemptions, and the national-security division said it could be difficult to determine whether think tanks, nongovernmental organizations, university and college campus groups, foreign media entities or others that may receive funding and direction from foreign governments are covered by them. The FARA unit comprises just eight people, according to the report.

justice-lobbying

Keywords: national security, fara, terry mcauliffe, paul manafort, foreign agents registration act, justice department, justice department inspector general

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Report: Justice Dept. is divided on intent of law it’s using to investigate McAuliffe

The obscure law that authorities are using to investigate Virginia Gov. Terry McAuliffe — and could possibly use to probe the overseas dealings of former Donald Trump campaign chairman Paul Manafort — is rarely enforced, and Justice Department officials and agents generally do not agree on its intent, according to an inspector general’s report released Wednesday.

The Foreign Agents Registration Act, which requires U.S. citizens who lobby on behalf of foreign governments to register with the Justice Department, generated only seven criminal cases between 1966 and 2015, according to the report. The department inspector general’s office found that agents and prosecutors had different understandings of the law and disagreed on how to apply it.

“We believe these differing understandings are indicative of the lack of a comprehensive Department enforcement strategy on FARA, which the Department should develop and integrate with its overall national security efforts,” the report concluded.

While the report would not affect McAuliffe (D) or Manafort directly, it shows how unusual it would be for prosecutors to initiate criminal proceedings against either of them.

In McAuliffe’s case, it is unclear exactly what has drawn investigators’ attention. Federal officials have told The Washington Post they are looking broadly at his personal finances, especially foreign sources of income. McAuliffe’s attorney has said they are investigating potential violations of FARA, though the lawyer insisted they will find no wrongdoing.

Manafort resigned from his job with Trump’s campaign amid reports of his past dealings in Ukraine. The Associated Press reported that he “helped a pro-Russian governing party in Ukraine secretly route at least $2.2 million in payments to two prominent Washington lobbying firms in 2012, and did so in a way that effectively obscured the foreign political party’s efforts to influence U.S. policy.”

The firms — Mercury and the Podesta Group — said they were assured the funds came from a nonprofit group, not from a government or political party, and they registered under the Lobbying Disclosure Act rather than FARA. Manafort, who did not register as a foreign agent or lobbyist for his Ukraine work, has said he never represented the governments of Ukraine or Russia.

The inspector general’s office found that registrations under FARA, which was passed in 1938 as an effort to combat fascist and communist propaganda, began to fall sharply in the mid-1990s.

The report found that enforcement actions are extremely rare. The Justice Department, the report said, had not sought civil relief under FARA since 1991, and two of the seven criminal cases it brought between 1966 and 2015 were dismissed. An eighth case was approved for prosecution in November 2015, according to the report.

In 2010, former congressman Mark Deli Siljander (R-Mich.) pleaded guilty to obstruction of justice and a charge under FARA, admitting that he had been hired by an Islamic charity based in Sudan to lobby for the group’s removal from a federal list of charities suspected of funding international terrorism, without being properly registered to do so.

The inspector general’s office found that FBI counterintelligence agents and officials in the national-security division had differing understandings about FARA’s intent and what actually constituted a “FARA case.”

According to the report, agents believed officials in the national-security division were reluctant to approve charges and seemed to prefer forcing alleged FARA violators to register rather than prosecuting them. Officials in the national-security division said they believed the primary goal of FARA was to “ensure appropriate registration and public disclosure,” though they disputed they were reluctant to approve charges when appropriate.

The law carves out what seem to be broad exemptions, and the national-security division said it could be difficult to determine whether think tanks, nongovernmental organizations, university and college campus groups, foreign media entities or others that may receive funding and direction from foreign governments are covered by them. The FARA unit comprises just eight people, according to the report.

The national-security division said in a statement that its officials “agree with the report’s recommendations and in fact had already taken steps relating to several of the IG’s observations prior to the audit.”

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Further your studies in law

THE School of Law began offering a complete program in 2010 at Samabula Campus, and, due to demand, is now offering Law programs at Saweni campus also.

It aims to take the lead in providing a face-to-face legal education in the Asia Pacific region and the best theoretical and practical knowledge of ‘law in context’.

In the 8th year of its existence the School of Law has graduated and admitted to practice more than 80 members of Fiji’s legal profession who are practising in various spheres of employment, for example in government, private firms, and non-governmental organisations.

Our graduates come out of the university with a Graduate Diploma in Legal Practice (GDLP) and are fully versed with Statutes, Common Law and Rules and Procedures of the Courts with respect to dealing with disputes resolution and litigation in the full range of the different areas of law.

They are qualified to occupy positions in the private sector as in-house counsel for commercial and company law, conveyancing and taxation or in government as lawyers in public law. A number of School of Law graduates — Programs offered:

Bachelor of Law (LLB)

The Bachelor of Laws degree comprises 32 subjects of which there are 30 compulsory subjects and two electives (of choice) which are studied in the third and fourth years.

The university decides every year which elective subjects it will offer in any one year. The Bachelor of Laws degree can be completed in four years by full-time students.

Graduate Diploma in Legal Practice (GDLP)

The program is designed to prepare law graduates for admission to the Bar as barristers and solicitors of the High Court of Fiji.

The GDLP is a competency skills based course with practical activities/tasks and assessments based on “real life” legal practice scenarios to help law graduates acquire necessary skills in client care, professional practice, conveyancing and advocacy, among others, to work effectively as entry level lawyers.

It is an intensive 18 weeks program designed to develop effective junior practitioners who will be ready to meet the standards expected of them when they enter the profession.

Master of Laws (LLM)

The School of Law encourages high calibre research into important questions of law, legal ideas and law in context in its Master of Laws (LLM) program.

This postgraduate degree can be done through courses or a thesis alongside relevant courses.

The Master’s program is both theoretical and practical and students are encouraged to explore their own topics of interest within the frameworks that are taught in the courses.

A welcome addition to the School of Law in 2016 was the International and Regional Affairs (INR) program formerly offered by the Centre for International and Regional Affairs (CIRA).

The INR’s postgraduate programs are designed to prepare graduates for practical career development in international and regional relations including diplomacy and security operations.

Both the Postgraduate Certificate and the Postgraduate Diploma in International Relations are also structured to assist with professional development of public servants, political analysts, military professionals, journalists, NGOs and others requiring sophisticated analytical skills to interpret and assess the implications of global and regional issues.

This program will assist those hoping to prepare themselves for careers with Government, media, international organisations and NGOs where a thorough grounding in international relations is required.

The programs offered in INR are:

* Postgraduate Certificate in International Relations;

* Postgraduate Certificate in Peace Keeping;

* Postgraduate Diploma in International Relations; and

* Master of International Relations and Diplomacy.

Overall the School of Law is able to provide a legal and international relations education that is intellectually rigorous, stimulating, robust, transferrable and global yet contextual in perspective.


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WASHINGTON (AP) – FBI agents and federal prosecutors disagree over the intent of a foreign lobbying disclosure law, creating confusion within the Justice Department and complicating enforcement, according to a government watchdog report released…

WASHINGTON (AP) – FBI agents and federal prosecutors disagree over the intent of a foreign lobbying disclosure law, creating confusion within the Justice Department and complicating enforcement, according to a government watchdog report released Wednesday.


The report from the department’s inspector general found that prosecutors and agents are at odds on how best to enforce the Foreign Agents Registration Act and on what constitutes a prosecutable case. The 1938 law, known as FARA, requires lobbyists to register if they represent foreign leaders or their political parties, and to disclose details about their work, including how much money they spend and receive.

The law is enforced by a unit within the Justice Department’s National Security Division, but few criminal prosecutions are brought and the number of registrations has dropped significantly in the last few decades.


The statute, even if rarely used as a criminal tool, has made headlines recently. A lawyer for Virginia Gov. Terry McAuliffe said in June that federal investigators were looking into whether McAuliffe lobbied the U.S. government on behalf of foreign interests, and The Associated Press reported last month on a covert Washington lobbying operation on behalf of Ukraine interests directed by the firm of Donald Trump’s former campaign chairman, Paul Manafort.

Investigators interviewed for the inspector general report said Justice Department prosecutors were slow in reviewing possible cases and reluctant to approve charges, while prosecutors said the law’s primary purpose was to ensure proper registration and public disclosure – and not to pursue criminal charges.

Though willful failure to register under FARA can carry up to five years in prison, only seven criminal cases have been brought in the last 50 years.

Justice Department lawyers told the inspector general say they face a high legal burden in proving that a violation was willful and that lobbyists were operating under the “direction and control” of a foreign government. They also say their powers are limited because they can’t compel lobbying firms or others to turn over documents, and are pursuing civil investigative demand authority from Congress.

In a written response to the inspector general’s finding, the Justice Department said agents who were interviewed for the report appeared to confuse FARA – which the department considers to be primarily a disclosure statute – with a related criminal law that punishes espionage-like behavior on behalf of foreign governments or individuals.

That confusion “can lead to undue weight being given to criminal prosecution as the measure of FARA enforcement,” and insufficient recognition of the importance of administrative enforcement, such as encouraging voluntary compliance, the response said.

The inspector general made 14 recommendations, including that the Justice Department improve its oversight of FARA registrations and update its training for investigators and prosecutors. The department said it’s begun carrying out the recommendations and agreed with the importance of having a comprehensive FARA strategy and a better system for tracking cases.

“We continue to take additional steps now and look forward to maintaining a productive dialogue with FARA stakeholders on how to ensure the program remains able to continue fulfilling its role in helping protect our national security,” Justice Department spokesman Marc Raimondi said in a statement.

FARA was enacted in 1938 as a counter to German propaganda agents in the U.S. The number of registrations peaked in 1987 with a high of 916, but began to fall sharply in the mid-1990s, with only 360 active registrations at the end of 2014, according to the report.

Justice Department officials say they think the decline may be tied to filing fees first imposed in 1993 as well as the passage of the Lobbying Disclosure Act, which imposes less stringent requirements and carved out a large exemption, according to the report. The review found 62 percent of registrations were submitted late, though the Justice Department says more than half of the filings categorized as late were filed within 30 days of the filing deadline.

“All of this added up to our overall conclusion that the Justice Department lacks a comprehensive FARA enforcement strategy – and that such a strategy should be developed and integrated with the DOJ’s overall national security efforts,” Deputy Inspector General Rob Storch said in a podcast interview on the inspector general’s website.

The AP found that a firm run by Manafort directly orchestrated a covert Washington lobbying operation on behalf of Ukraine’s ruling political party but that Manafort and his deputy, Rick Gates, never disclosed the work under FARA. Manafort and Gates said the registration was not necessary, though Manafort resigned his position with the Trump campaign.

___

Follow Eric Tucker on Twitter at http://www.twitter.com/etuckerAP











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Duterte backs micro firms, regional trade

President Rodrigo Duterte said the Philippines’ inclusive growth strategy will focus on innovating micro, small and medium enterprises development, e-commerce, youth and women entrepreneurship.

Duterte bared the plan during the 13th Asean Business and Investment Summit  recently held in Vientiane, Vietnam.

He said Asean in order to be a global player must ensure the effective implementation of key economic agreements and the integration of existing sub-regional cooperation frameworks such as the Greater Mekong Subregion , the Indonesia-Malaysia-Thailand Growth Triangle and the Brunei-Indonesia-Malaysia-Philippines East Asean Growth Area.

“Hailing from Mindanao, I commit to promote BIMP-EAGA. We intend to open up our other major islands like Mindanao and the Visayas with high quality backbone infrastructure,” he said, adding the Philippines would accelerate infrastructure spending by improving national roads and bridges,” he said.

Duterte, joined by key economic managers Trade Secretary Ramon Lopez and Finance Secretary Carlos Dominguez III, called on Asean to support MSME development and further expand the roll-on roll-off (RO-RO) facility to Davao-General Santos and Bitung in Indonesia.

“We will work and collaborate with Asean in helping the MSMEs look for all ways to connect them in the countries of Asean and the world. We will work in advancing our policy and regulatory environment providing an affordable and innovative digital platforms, and accessing best practices and financial resources,” he said.

Asean must engage the world in a “robust way” by maximizing free trade areas with Australia and New Zealand, China, India, Japan, and Korea, he said.

Duterte said Asean needed “stronger resolve and action to combat transnational crime” and noted that illicit and illegal drug trade undermined “social cohesion, the rule of law and the socio-economic programs of a country.”

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Disconnect between what law firms think and what they do

Disconnect between what law firms think and what
they do

2016 ALPMA/InfoTrack Adapting
to the Changing Legal Landscape
Research

8 September
2016

The majority of Australasian law firms rate
themselves as innovative but there is little evidence to
support this claim, according to the results of the 2016
ALPMA/InfoTrack Adapting to the Changing Legal
Landscape
report released at the 2016 ALPMA
Summit in Melbourne today.

Surveying 163 law firms across
Australia and New Zealand, 65 percent of survey respondents,
across small, medium and large firms believe their firm is
innovative or very innovative, with only 6 per cent
indicating they were not at all innovative.

“There is a
real discrepancy between how innovative firms believe they
are and what they are actually doing in terms of their
investment in innovation and in people, process and
technology initiatives to drive their firm forward,” ALPMA
President, Mr Andrew Barnes said.

More than 60 percent of
respondents said innovation was part of their strategic
plan, yet few have a dedicated innovation budget, have a
proactive group responsible or give staff time scheduled for
innovation.

The research also highlights significant
inconsistency with satisfaction on firm innovation
investment levels. While nearly half of the survey
respondents believe their firm dedicates sufficient time,
people and funds to innovation, one third of respondents are
unhappy with the level of innovation investment at their
firm.

“There is pressure on partners and practice
managers to pursue innovation. They can see the rewards for
innovative projects but ‘innovation’ is becoming an
over-used word to describe everything from culture and
processes to client delivery.”

“The question we need
to really ask ourselves is ‘are we innovating or merely
adapting to changes thrust upon us?’” he
said

Launching the research report at the ALPMA Summit
today, InfoTrack CEO Mr John Ahern said customer demand for
better value, rapidly evolving technology, increased
competition and the staff demand for work/life balance were
the key external factors impacting on Australian and New
Zealand law firms.

“Interestingly, most respondents were
critical of the legal profession’s response to these
external drivers, saying the industry was adapting to the
changing legal landscape only when necessary and certainly
not quickly enough – and this backed-up by other
findings,” he said.

Only half (54%) of the respondents
believe their firm has an effective blueprint for change.

“The demand for better work/life balance has been
addressed by the industry with our research showing that
remote and flexible working arrangements and the technology
to support this has now been implemented at most firms.”

“Firms that do not offer this for their staff are now
lagging well behind the norm,” he said.

Most firms are
currently working on implementing workflow automation,
electronic settlement, customer relationship management
systems and improving their approach to performance
management.

“The really innovative firms have already
implemented these initiatives and are starting work on
things that most firms report are not even in their
foreseeable future – artificial intelligence, customer
apps, Lean Six Sigma process improvements and legal process
outsourcing,” he said.

Cultural
Change

“To become truly innovative requires
an overhaul of cultural DNA of most firms. This is not easy
and not for everyone so advance with caution,” ALPMA
President, Mr Andrew Barnes said.

The report found that
most firms (78%) were satisfied with their culture. Despite
this, 57% are planning cultural change this year (rising to
87% of very large firms).

“Improved productivity,
efficiency and profitability are the primary objectives of
these cultural change programs,” he said.

Few were
planning cultural change to support diversity, personal
initiative or entrepreneurship.

The full report is
available from ALPMA and InfoTrack’s
website.

© Scoop Media

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New firm to guide SMEs through the human resources law maze

TWO leading lawyers have established a firm which will provide employment law advice to small and medium-sized enterprises (SMEs) across Yorkshire.

Founding partners and long-standing friends, Tiggy Clifford and Emma Whiting, decided to establish Torque Law in response to the growing numbers of small business owners who need help untangling employment law problems.

Ms Clifford and Ms Whiting are employment law specialists who have clocked up more than 30 years’ combined experience advising Yorkshire-based businesses, including many SMEs, on a wide range of human resources issues.

Ms Whiting, who was previously a partner at Addleshaw Goddard, said: “We’d both contemplated setting up in business ourselves, but knowing that you’ve got someone you trust and respect to share the success, as well as shoulder some of the burden, was a very big draw for both of us.

“The timing felt right to do something different too. We’re both mums to two primary school-age girls and we wanted to wrestle greater control back.

“We want to be able to invest more quality time with our families, while also having a fulfilling career in employment law, which we are both very passionate about.

“As owners of our own specialist employment law firm, we’re now both much better placed to be able to achieve this for ourselves.”

Torque Law, which is based in York, is among a small number of boutique firms offering specialist services across Yorkshire.

Ms Whiting said: “For me, it’s all about genuinely understanding clients’ needs, their risk appetite, and to be clear what’s driving their key decisions. Employment law is one of those areas that is very fast-paced. The biggest challenge for HR professionals is keeping up to date; that’s where I think we will help. We’ll ensure they are bang up to date and parachute ourselves in, as and when we need to. We will stand in our clients’ shoes and give them advice which is best for them.

“We’re quietly confident of the potential of this business. All the signs so far have been really positive.”

Ms Clifford, who is a former partner at Denison Till, added: “This is all about that personal touch, because I believe people are more and more selective in the advisers they want to use. Part of what we want to do, by knowing the clients so well, is to be able to pre-empt issues that might crop up.

“They can leave the employment law to us. We can provide advice that quickly solves a problem.”

YORK-based Torque Law has been established by Tiggy Clifford and Emma Whiting, who have years of experience in helping employers with HR legal matters – from day to day HR queries, through to complex restructuring projects and employment tribunal claims.

Torque also supports senior executives with their employment issues and deal with Settlement Agreements.

The firm says it won’t sit on the fence, and will talk plainly and give tailored but pragmatic advice.

Ms Whiting said: “Our clients get advice from highly experienced, partner level solicitors without the big firm price tags.”

The company’s website address is www.torquelaw.co.uk.


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Viewpoints: Health Law’s Improper Payments; Pass Mental Health Bill, Zika Funds Now

A selection of opinions on health care from around the country.


The Wall Street Journal:
ObamaCare’s ‘Improper’ Failure


Along with “stakeholders” (campaign donors), “investments” (government spending) and “obstruction” (Congress), one of our favorite political euphemisms is “improper payments.” That’s how Washington airbrushes away the taxpayer money that flows each year to someone who is not eligible, or to the right beneficiary in the wrong amount, or that disappears to fraud or federal accounting ineptitude. Now thanks to ObamaCare, improper payments are soaring. (9/6)


Modern Healthcare:
Time To Act On Mental Health Legislation


With Congress returning from its long summer recess this week, Senate Majority Leader Mitch McConnell could help improve the low standing of the entire institution by allowing a vote on the mental health reform bill that passed the House this summer by a 422-2 margin. Even though this is an election year and other major issues—including the budget—are on the table, helping people with severe mental health problems is an issue that unites both political parties, the American public, mental health advocacy groups and the nation’s criminal justice and healthcare systems. (Merrill Goozner, 9/3)


Modern Healthcare:
More And Better Enrollment Assistance Could Stabilize The ACA Markets


Everyone agrees the Affordable Care Act exchanges need more people to sign up for coverage to make those marketplaces more stable. A larger number of enrollees — especially a higher percentage of younger and healthier people — would help convince nervous insurers to continuing selling plans in the exchanges and would moderate premium increases. But as I was reminded on a reporting trip here last week, many Americans haven’t enrolled because they find the health insurance and healthcare system complex and confusing – before, during, and after they sign up for coverage. (Harris Meyer, 9/6)


Huffington Post:
What Obamacare’s Successes Should Tell Us About Its Failures


[T]he focus on what’s going wrong with Obamacare makes it easy to lose sight of what’s going right. The law has ended the insurance industry’s most pernicious practices, fostered improvements in the way doctors and hospitals deliver care and brought the number of Americans without coverage to a historic low. Some state markets appear to be working just fine, and at least a few insurers are making money. The law’s achievements don’t make the problems any less real. But they do put those problems into perspective ― and suggest that fixing them is worthwhile. (Jonathan Cohn, 9/3)


Los Angeles Times:
Congress: What I Didn’t Do This Summer — Fund Zika


Welcome back to work, Congress! We see the Senate picked up right where it left off before its seven-week summer recess — blocking a bill to provide $1.1 billion for Zika prevention efforts because it would bar funding for Planned Parenthood and its affiliates. While you were out campaigning, fundraising or barbequing, however, the number of Zika cases in the U.S. more than doubled to 2,700, and people infected with the virus have turned up in every state. A total of 17 babies have been born with Zika-related birth defects (two in California), and about 1,600 pregnant women are known to have been exposed. (9/7)


The Wall Street Journal:
The Coming Trials Of Generation Zika


Some four million children are born each year in the U.S., about half in areas where the mosquito species capable of carrying the Zika virus is found. If we assume that 3% of pregnant women in the U.S. will become infected over the next three years and at least 1% of children born to those mothers will be microcephalic, we can anticipate up to 20,000 microcephalic children. Humanitarian considerations aside, the estimated cost of caring for one such child over the course of his lifespan is $10 million. (W. Ian Lipkin, 9/6)


Stat:
Vacation Is Over, Congress. Fund The Fight Against Zika


[A] single health center like ours, even an entire city like Houston known for its world-class medicine, can’t manage Zika alone. Nor can the state of Texas, which has admirably stepped up to allow Medicaid to pay for insect repellant for low-income pregnant moms. Governor Greg Abbott has allocated state and federal funds to help prevention efforts. All of the public health players are doing their part. Except the United States Congress. (Katy Caldwell, 9/6)


Fox News:
We Need To Fight Zika Now. Democrats Must Stop Playing Games


Securing funding to combat the Zika virus was supposed to be one issue on Capitol Hill that would be free of the political games that are typical in election years. That’s because we have all seen the heartbreaking photos of Zika babies and heard the toll the virus has had on families in affected countries, including right here in the United States. The call for Washington to fund the effort to stop the spread of Zika was swift and bipartisan. (Sen. Thom Tillis, R-N.C., 9/7)


Stat:
Electronic Health Records ‘Inflict Enormous Pain’ On Health Care Providers. Here’s How We Got Into This Mess


Electronic health records slow doctors down and distract them from meaningful face time caring for patients. That is the sad but unsurprising finding of a time and motion study published in Tuesday’s Annals of Internal Medicine. A team of researchers determined that physicians are spending almost half of their time in the office on electronic health records (EHRs) and desk work and just 27 percent on face time with patients — which is what the vast majority of doctors went into medicine to do. Once they get home, they average another one to two hours completing EHRs. (Jonathan Bush, 9/6)


Forbes:
Georgia Chamber’s Obamacare Medicaid Expansion Plan Is Anything But Conservative


This week, the Georgia Chamber of Commerce released a new plan to impose more of Obamacare on their state. The Chamber acknowledged that their “guiding principle” in crafting the Medicaid expansion plan was simply to “take advantage of all federal dollars available.” As such, they’re lobbying for policymakers to expand Medicaid to a new welfare class of more than 700,000 able-bodied adults. (Nic Horton, Jonathan Ingram and Josh Archambault, 9/6)


Dallas Morning News:
Northeast Texans Die Earlier Than Other Americans. Fixing The Problem Will Require A Statewide Effort


2,615. That’s the number of people who died in Northeast Texas in 2014 who wouldn’t have died if mortality rates in the region were simply the same as in Texas overall. That’s 16 percent of all deaths in the region that year. We don’t always think of this region on its own terms, as a distinct part of Texas. If Northeast Texas were its own state, however, it would be the size of West Virginia and would rank 45th in the nation in overall mortality, sandwiched in between its geographic neighbors Arkansas (44th) and Louisiana (46th). Texas, by comparison, ranks 31st even if you include the Northeast region in the numbers. (David Lakey, Kirk Calhoun and Eileen Nehme, 9/6)


The Richmond Times Dispatch:
2017 Brings Potential For Real Progress Improving Health Care Access For Every Virginian


Virginia’s Certificate of Public Need (COPN) law requires government permission before a health-care facility can expand, offer a new service, or purchase certain pieces of equipment. These laws were enacted with the belief that restricting entry would lower health-care costs and increase availability of these services to the poor. But research has shown that COPN laws actually have the opposite market effect, reducing the availability of services and hospital beds. Not only is the COPN law not a solution to escalating hospital bills, but this lengthy and expensive application process also may hinder our state’s ability to attract private business investment to ensure a 21st century health-care system that meets the future needs of everyone. (John Watkins, 9/6)


JAMA Internal Medicine:
What to Expect When [Your Employer Suspects] You’re Expecting


Employers are increasingly contracting with firms that use big data to predict and promote employee health. By aggregating claims data, browser searches, and demographic information, these firms can foresee whether employees are at risk for health issues—and their associated costs—and target preventive resources accordingly. However, a recent report indicates that this analytic capability is being extended to predict not only diabetes or the need for back surgery but also whether an employee is or is considering becoming pregnant. This trend raises troubling questions about the appropriate limits of wellness program analytics. (Stephanie R. Morain, Leah R. Fowler and Jessica L. Roberts, 9/6)


This is part of the KHN Morning Briefing, a summary of health policy coverage from major news organizations. Sign up for an email subscription.

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Proposal to push private firms to use Makani

Dubai Municipality and Emirates Telecommunications Corporation – Etisalat on Wednesday signed a Memorandum of Understanding (MoU) on the project Makani. As per the MoU, the Municipality shall provide Etisalat all the requirements for the use of its Makani app. The MoU comes as part of Dubai Municipality’s keenness to implement smart government standards in accordance with the directives of the Government of Dubai, and to complement the success of the Municipality’s new GIS mapping app Makani, which uses only the language of numbers to enable all individuals to use it easily without relying on a particular language. The MoU was signed by Eng. Hussain Nasser Lootah, Director General of Dubai Municipality and Abdullah Salem Al Mana, Director General of Etisalat, Dubai branch.

Dubai: Dubai Municipality is pushing for a law to make it mandatory for private companies to use its digital address and navigation system Makani, a senior official said on Wednesday.

Abdul Hakim Malek, director of the Geographic Informatin System (GIS) Department,‎said a proposal in this regard has been submitted to the Smart Dubai Office of the Dubai Executive Council.

“We want a regulation or law which pushes the private sector to support this new system because everyone should contribute to achieve our [Smart Dubai] goals…not only the government sector,” he told Gulf News after the municipality signed an agreement with etisalat to use Makani in the telecom company’s GIS mapping system.

“The private sector has a role and responsibility. They have to support us in implementing the smart system which we have created for the benefit of the public and companies as well.”

While prominent shipping companies have given a cold shoulder to the municipality’s invitation to enter into an agreement for using Makani, the majority of the 10 major restaurant chains that already made an agreement are still not using the system. The fast food restaurants have cited additional expenses for providing smartphones and data package for delivery men as the reason, said Malek.

“It’s really upsetting that private companies, especially service providers like shipping companies and restaurants, are not using the Makani service…We will give them a chance for some more time and after that we will go to higher authorities to push them to implement Makani,” he said.

Unlike other navigation systems, Malek noted that Makani uses 10 digit geo-coordinates that give the location to all entrances of buildings and public places with a one metre accuracy. ”The traditional addressing does not cover free zones. Some streets in free zones don’t have names and some authorities are using their own navigation system. Makani is universal for Dubai. So, it covers each building entrance and streets, even in free zones.”

Almost 70,000 out of 130,000 Makani plates have been installed in Dubai buildings and public places.

The remaining ones will be fixed by the first quarter of 2017.

Dubai Taxi

Taxi users in Dubai are soon expected to find locations faster as the Roads and Transport Authority will now use the Makani system in Dubai taxis. The authority is currently incorporating Makani into its navigation system.

By the end of this month, Malek said the RTA taxi despatch centre will start guiding cabs with Makani. ”In October, taxi drivers themselves will start using the Makani numbers. You just have to give the Makani number of your destination to them,” said Malek.

Dubai Police, Dubai Electricity and Water Authority (Dewa) and the Real Estate Regulatory Agency (Rera) were the first government entities to use Makani.

“After we finish fixing the plates, Rera will make it compulsory ‎for real estate companies to use Makani. Then the companies will have to provide their Makani numbers to the Economic Department,” Malek said.

Dubai Ambulance and Civil Defence are also yet to modify their systems to use Makani. Malek said these departments will also be pushed to start using Makani soon.

Earlier, Hussain Nasser Lootah, director-general of Dubai Municipality, and Abdullah Salem Al Mana, director-general of etisalat, Dubai branch, signed a Memorandum of Understanding through which the municipality will provide etisalat all the requirements for the use of the Makani app. Al Mana said etisalat will apply Makani in its address system in Dubai and other emirates which use the Makani system such as Ajman, Umm Al Quwain, Fujairah and Ras Al Khaimah.

The telecom major will provide a box for adding Makani plate numbers of its customers’ addresses in application forms.

“Customers can give their Makani numbers so that our staff can locate them easily for providing services at their homes or offices. Customers can also use our Makani numbers to locate our offices,” said Al Mana.

HOW TO FIND YOUR MAKANI COORDINATES

Download the Makani app

Users can type the name of the building or location in the search bar and click on the desired result

Or residents can zoom in on the map, clicking on the building or location

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