Understand Your Rights. Solve Your Legal Problems
Managed healthcare company Aetna Inc has been sued for allegedly discriminating against beneficiaries within the LGBTQ+ community by requiring them to pay more out of pocket for fertility treatments.
In a proposed class action, plaintiff Emma Goidel claimed she and her spouse were forced to pay out nearly $45,000 for fertility treatments due to Aetna’s policy which required same-sex couples to pay for fertility treatments out of pocket before becoming eligible for coverage.
According to the plaintiff’s complaint, Goidel is covered through her spouse by Aetna’s health insurance plan for Columbia University students. The plan provides broad coverage for vitro fertilisation (IVF) and intrauterine insemination (IUI) treatments.
Under the plan, couples that can try to conceive through heterosexual intercourse can receive coverage simply by demonstrating that they have tried for 6 or 12 months. However, according to the complaint, couples that cannot conceive through intercourse due to their gender identity or sexual orientation are expected to pay out of pocket for 6 or 12 months of IUI.
A spokesperson for Aetna said: “We are still actively investigating the facts. Aetna is committed to equal access to infertility coverage and reproductive health coverage for all its members, and we will continue to strive toward improving access to services for our entire membership.”
Nicola Sharp of Rahman Ravelli explains why a large drop in money laundering penalties does not paint the full picture.
There seemed to be a degree of consternation when it was reported that money laundering penalties imposed on finance companies in the first six months of 2021 were almost half what the figure was for the same period a year earlier.
At first glance, such a reaction is understandable. But it is a situation that requires much more than a glance to be fully understood. The penalties for non-compliance with anti-money laundering and know-your-customer regulations were down 40%, to a global total of $930 million from January to June this year. This would appear to be at odds with the widely-held view that the coronavirus pandemic has prompted an increase in financial crime. It also seems to fly in the face of the fact that enforcement action against financial institutions in recent years has been at higher than ever levels.
But these figures shouldn’t be seen as reflecting a drop in financial crime. If anything, it would be a major surprise if we did not see a significant increase in financial crime investigations – and in enforcement resulting from these – as the world, hopefully, emerges from the shadow of the pandemic. This is single-handedly likely to raise the total number of penalties being imposed. But when the often-reported financial crime that has flourished during the pandemic is also factored in, we can surely expect a further hike in the penalty figures. Once the number of investigations ramps up, a rise in penalties is sure to follow. And without wanting to heap pressure on the enforcement agencies, the combination of an investigative backlog and a wave of pandemic-related crime may lead to the rise in penalties being particularly steep.
The pandemic may well have led to enforcement agencies not being able to conduct investigations at “full throttle’’, due to the restrictions they have had to work under. But the limitations they were facing are now being removed. This means that they have free rein to both resume normal working while also looking to identify and penalise those who have taken advantage of the pandemic for criminal gains.
It has to be said that, at this stage, the full impact of COVID on financial crime is yet to be seen. A lot of the talk about COVID and illegal activity has been little more than anecdotal. The interview rooms and courtrooms are yet to be filled with those accused of using the pandemic as a springboard for financial crime. But even if we do not know the exact scale of the crime that has been prompted by the pandemic, it is fair to assume that it is sizeable. As the full impact does emerge, it will only emphasise the importance of having anti-money laundering (AML) policies and procedures in place that are fit for purpose, being carried out properly, regularly reviewed and, where necessary, revised.
Arguably, companies should not need any further reminders of the need to be fully compliant with AML obligations. But if a reminder is required, then surely the prospect of enforcement agencies coming back to functioning at full capability while looking for a pandemic-inspired rise in financial crime fits the bill. If we are talking about the enforcement agencies returning to business as usual, then those they investigate need to be making sure they are conducting their business in a legally compliant way.
It is worth pointing out that fintech Fenergo’s report, which produced the news of reduced money laundering penalties, highlights 2020 as a landmark year for regulators taking punitive action against those who were known to have failed to meet their obligations. That is not a stance that is likely to be dropped after 12 months and one pandemic.
We are in an era where money laundering and its associated crimes are coming under increasing scrutiny around the world. The sharp drop in penalties is certainly newsworthy, as it is an eye-catching statistic. But it is a statistic that is not likely to remain current for long.
Countries are looking to improve their efforts to tackle money laundering, several high-profile cases have made the problem impossible to ignore and regulation and enforcement are at the top of the authorities’ agenda. Acting on that agenda may have been reduced due to the pandemic, leading to the sizeable drop in penalties. But it will surely not be long before the penalty statistics start rising sharply.
Burnes Libman Law Group explore the question “what is a commercial vehicle?”
When we think of the term “commercial vehicle”, 18 wheeler or semi-truck comes to mind. The shocking truth is the number of large trucks and buses in fatal crashes has increased by 48% from 2009 to 2018 and is continuing to grow every year due to increased trade and shipping demands. The common question now becomes “how do you define a commercial vehicle”?
Commercial vehicle definition, according to the Federal Motor Carrier Safety Regulations is any self-propelled or towed motor vehicle in interstate commerce to transport passengers or property when the vehicle is in interstate commerce or transporting passengers or property. In case one such vehicle is part of an accident, you would have to get in touch with a commercial vehicle accident lawyer; someone who specialises in such cases.
“Interstate commerce” can be defined in three situations. First, when a vehicle is driving between a place in a state to a place outside the state. Second, when a vehicle is driving between two places within a state through another state. For example, the vehicle is driving from Galesburg, IL to Galena, IL but on the way, the vehicle passes through Iowa. And third, between two places in a state as part of a trade, traffic, or transportation originating outside the State or the United States.
Second, in order to be defined as a “commercial motor vehicle”, the vehicle can either be involved in transferring persons or property. Some examples of what is considered a commercial vehicle can include a commercial bus carrying more than 8 people, a 14 passenger van, an eighteen-wheeler, or a tractor-trailer.
If the vehicle is in interstate commerce and is transporting either passengers or property, it may be a commercial vehicle. However, the Federal Motor Carrier Safety Administration requires that the vehicle has a weight of 10,001 or more, is designed to or used to transport more than 8 passengers including the driver for compensation, is designed or used to transport more than 15 passengers including the driver and is not used to transport passengers for compensation or used in transporting certain hazardous materials, like flammable liquids or batteries. In case of any violations of these rules resulting in damage or accident, the victim is entitled to commercial vehicle accident settlement.
This means that a consumer pick-up truck carrying a bed full of plywood that weighs 9,000 pounds will not qualify even if it drives from California to Louisiana. Alternatively, a pickup truck could qualify if it is carrying certain hazardous materials. An Uber carrying a 10 player soccer team from Tuscaloosa, AL to Columbus, MI may also qualify. A wide variety of vehicles can be considered commercial motor vehicles under the regulations.
Now, the question can be asked: “Are there any vehicles that can be excluded?” In section 390.3 of the regulations issued by FMCSA, vehicles such as school buses, transportation performed by the government, personal transportation not for profit, corpses, fire and emergency rescue vehicles, and emergency-related operations are excluded.
Also, certain off-road motorised vehicles do not count as “motor vehicles” or “commercial motor vehicles” under the regulations. An off-road motorised vehicle is by design and function not intended for transportation purposes. Examples include vehicles like backhoes, graders, and bulldozers.
The definition of a “commercial vehicle” can be a complicated one. To learn more about commercial motor vehicles under federal law, visit: www.burneslibman.com/what-is-a-commercial-vehicle.
The ruling by the Dutch Court is another victory for unions battling for better pay and benefits for those working in the gig economy. The ruling followed a similar decision about the ride-hailing company in the UK this year.
The Amsterdam District Court agreed with the Federation of Dutch Trade Unions’ argument that Uber’s 4,000 drivers in the capital are employees of the ride-hailing company and therefore should be granted benefits in line with the taxi sector. “The legal relationship between Uber and these drivers meets all the characteristics of an employment contract," the ruling said.
In some cases, Uber drivers will also be entitled to back pay, and the judges also ordered Uber to pay a Є50,000 fine for failing to implement the terms of the labour agreement for taxi drivers.
Uber has said it will appeal against the decision and “has no plans to employ drivers in the Netherlands.”
Back in March, the ride-hailing company said it would improve workers’ rights, including paying them the minimum wage, for all of its 70,000+ UK drivers after it lost a Supreme Court case in February. Unlike the United States and some other European countries, UK employment law provides a unique “worker” status. This is a legal definition that situates drivers between independent contractors with no benefits and official employees with extensive benefits. While Uber has advocated for a similar, in-between “worker” status in some other countries, the company has said that these initiatives would require changes to employment laws.
Times may be tough, especially since the pandemic has negatively impacted many businesses. However, regardless of your situation, not paying employees or delaying payments is never a good decision. First, you are endangering the livelihood of your staff and their families. Plus, in many situations, the employee working for you may be the sole breadwinner. So before you choose to delay payments or worse, forget to pay altogether, try having some compassion for your employees. If this doesn’t work, you need to know that, as an employer, you have a legal obligation to pay your staff. This means that there are state and federal laws that employees can use to protect themselves against such a scenario. Keep reading to learn how the law can (and will) force employers to pay the wages agreed on in the initial contract.
Under US law, employers don’t have the right to:
It’s important to mention that consent is not required for withholdings such as FICA taxes or a Wage Garnishment. Non-required deductions require the employee’s explicit consent, so make sure to have it on record (in case of an audit or a complaint).
If an employee makes a mistake or you have to terminate their contract based on their behaviour or performance, the payment must be in full (according to the contract specifications and the hours/days worked).
Every company, organisation, or institution that works with employees (as in, it hires them) is mandated by both State and Federal laws to respect their right to honest and timely pay. Below, you can find the laws that make sure these conditions (and others) are followed.
The minimum wages, overtime pay, youth employment, and other similar specifications are set via the Fair Labor Standards Act (FLSA). This is in the administration of the U.S. Department of Labor's Wage and Hour Division.
In some situations, state laws may be more strict than federal laws. When these two are different, the employer must comply with the law that gives greater benefit to the employees (you don’t get to choose).
Times are tough and cash flow is not enough to cover employees’ wages and business costs. Therefore, it may seem like a natural decision to cut their pay for a few months, in order to keep the business afloat. However, according to US law, employers cannot perform any cuts or deductions without an employee’s explicit consent (on record). Plus, if you file for bankruptcy, this doesn’t mean you don’t still have a legal obligation towards employees who still have to be paid for their hours. So what can happen if an employer cannot/does not want to cover payments?
The most common scenario is that the employees will file a suit against the company, in an attempt to recover back wages. Plus, if they feel they have been discriminated against or wrongfully discharged without payment, the lawsuit may get more complicated. If employees don’t take any action, then the Secretary of Labor may step in and bring suit for back wages.
In both these scenarios, the employer will be required to make the payments plus compensations, and they may also receive a steep fine for their actions. Also, if the violations are repeated, there may be some civil monetary penalties. Lastly, if it can be proven that employers violate the law by choice (willfully), they may face criminal charges.
US laws are built to protect employees’ right to receive proper payment for their work. Therefore, payment cuts and deductions for the sake of business are not a good idea. In fact, it’s best to find ways to promote employees who are doing a great job in an effort to increase productivity and bring in more customers. True, there are times when cash flow is not great, but a business owner must always think ahead and come up with a backup plan for any scenario.
It’s your right as an injured party to seek out compensation for your losses and injuries. With the help of a personal injury expert, you can get the justice that you seek. The key to winning an injury lawsuit is to build a strong case. Your attorney will do most of the work to build the legal case on your behalf, but it’s your quick thinking and actions immediately following your accident that can help make the difference in building a solid case. Let’s take a look at a few ways to work towards building a solid case that will win in the courts.
The legal system is complex and can be intimidating to regular citizens without any legal experience. Filing a personal injury lawsuit is a complicated process and shouldn’t be attempted without legal representation. It is to your great benefit to find a lawyer to help you navigate the legal system and act as your advocate. They will help you build your case, deal with insurance companies on your behalf and represent your best interests when you go to court.
The most important aspect of building a personal injury case is the collection of evidence. Your immediate actions following an accident can mean the difference between winning or losing your case. While it may be difficult to gather evidence if you are gravely injured, someone that you trust can help you with the following aspects of building your case:
If you are injured in an accident, you must get medical help as soon as possible. If there are EMTs onsite, you need to let them take a look at you whether you feel any pain or not. Many injuries don’t show up for several hours or days following an accident. Follow up with your own primary physician as soon as you can. It’s important to prove that your injuries are genuine, so it’s essential that you follow all of your doctor’s orders and follow up with all appointments. Request a copy of all your medical records and prescriptions for your court records.
Stress is the enemy of healing. The impact that an injury can have on your life can be catastrophic. Staying positive is the key to managing your stress. Learn to rely on the expertise of your legal team to represent your best interests and get you the compensation that you need. Living through an accident and having your life thrown into chaos as you recover from injuries can be physically and mentally challenging. Follow these tips to help you build a strong personal injury case and get you closer to taking back the life you deserve.
It only takes a moment for your life to change when you are involved in a car accident. If you are lucky, you won’t suffer any catastrophic injuries, but that doesn’t mean that you won’t need time to heal and money to repair your vehicle. If you end up missing time at work due to your injury and suffer financial losses, you may want to file a lawsuit. Dealing with the legal system can be challenging. It’s best to get the advice of a personal injury expert to help with your case. One of the most important aspects of a successful personal injury lawsuit is building a solid case through evidence collection. When you are involved in an accident, every detail can influence the success or failure of your case and the amount of compensation you will receive. Let’s take a look at a few crucial ways to collect evidence from your accident.
Dealing with insurance companies, filing a lawsuit, and attending court can be overwhelming for anyone unfamiliar with the legal system. It is in your best interest to hire a lawyer to help you with your lawsuit. A personal injury lawyer has the expert knowledge, knows how to deal with insurance companies, and will act as an advocate for you.
Every detail about your accident, injuries, and recovery will be picked apart in court, so it’s crucial that you spend some time building a solid case. We’re going to take a look at the three parts of collecting evidence after a car accident.
Accident Site
Following the Accident
During Your Trail
Building a strong personal injury case is all about having the evidence to prove that you are deserving of compensation. Find a lawyer that will work in your best interest and follow these tips to help you collect the evidence you need after your car accident. With a strong evidentiary case, you are more likely to win your lawsuit and be able to move forward into a brighter future.
Whilst no one goes into marriage with the idea of getting divorced, it's a sad reality that many eventually do. Divorce is a big step, and it can be both challenging and emotional. You'll want to know what your rights are and what's the best way forward, so you can get through the legal process and rebuild your life. In this article, we'll cover ways that a legal expert, like a San Diego divorce lawyer, can help with your divorce proceedings so that you can get the best possible outcome for you and all concerned.
The lawyer will be able to apply their knowledge and expertise to your specific situation. If you have queries about your divorce - for example, regarding the division of assets and debts - a family law attorney can offer legal advice. They can also tell you what outcomes are realistic. They will be able to answer any questions arising once negotiations have begun with your spouse. They can also make sure that any agreements made are legal and binding, so there isn't any confusion later on.
You can access a lot of helpful free information on the subject of divorce by visiting the internet. There are many online articles related to divorce, covering anything from signs of a toxic marriage to the best online divorce services. You can learn about the divorce process in places like Maine, California, or Arizona and view guidance on how to ask for a divorce when you're nervous.
Lawyers can help you understand the process from your child's perspective. They can also help ensure he/she maintains relationships with both parents following the divorce. The attorney will consider the child’s needs when working out the custody or access arrangements. You should also be thinking about what your child will want if they are old enough to have an opinion on their living situation after the divorce. They may not want to spend equal time with each parent. Your lawyer can help ensure this aspect is taken into consideration.
Domestic violence is one of the factors considered by family courts when determining custody and visitation rights. A lawyer can advise regarding restraining orders for both children and parents if court-ordered safety measures have already been imposed. If children were harmed as a result of your marriage breaking down, it may be possible to file criminal charges. At the other end of the spectrum, attorneys can help you prove there has been no abuse or neglect of the children by either parent.
Your lawyer will help you determine which home is considered “matrimonial property.” They will consider whether it should be divided between the husband and wife in an equitable fashion upon dissolution of the marriage. Sometimes lawyers recommend property division options outside of legal proceedings, such as leaving one spouse with a specific piece of property and equitably splitting others without going through the courts.
The assets that form part of the divorce settlement relate to those acquired before/during the relationship or even afterwards.
This includes real estate, bank accounts, investments/stocks, and more. The law applies regardless of whether they were bought with joint funds (e.g. a jointly-purchased home) or individually.
If you try and sort everything on your own, there's a good chance that you'll miss something, especially if your legal knowledge is limited. The legal system can be complicated, but having professional guidance at your side will make the process safer. Your lawyer will be able to oversee the documentation and paperwork related to everything from property division to child custody arrangements.
If court proceedings aren't necessary, lawyers can still serve as your advocate. They'll be able to negotiate with the other party and come up with a settlement that's best for you both. This avoids any future headaches over court dates or rulings by judges which could affect things like child custody arrangements and finances.
Should your case end up in court, however, your attorney will be there to help you. Attorneys can take on all court processes on your behalf, including the filing of paperwork and appearances before judges or mediators. Thanks to their experience in working with the court systems, they'll know how best to represent your case.
A divorce lawyer can help you negotiate the terms of your divorce to find an agreement that satisfies both parties. By having legal representation, it will be easier for you to focus on building a new life without worrying whether alimony payments are being made properly.
If negotiations fail between spouses, they may need to go through mediation before starting any type of litigation in court. Divorce lawyers have plenty of experience negotiating with similar attorneys, so this can save valuable time during the proceedings. Ultimately you'll want a fair divorce settlement and this is what your legal advocate will relentlessly pursue.
It's easy to feel overwhelmed having to make choices about things like child custody and asset splitting, and many of the decisions you make can impact you in major ways long after the divorce has been finalised. The journey becomes far more comfortable when a legal professional comes alongside to help.
Lawyers are trained to be good listeners. They can provide a non-biased ear for you as you sort through your emotions during the divorce proceedings, especially if children are involved. While they may not have gone through divorce personally, most divorce attorneys have handled many cases. This means they should be able to offer sound advice based on their knowledge of the law.
Divorce lawyers can give you extra peace of mind when you know they are fighting your case and advising you at every step. With their help and assistance, you can achieve the best possible outcome and begin the next season of your life from a good starting point.
Trailsuite Limited provides a market-leading software solution that supports hospitality and other businesses to manage and simplify their operations. The software company was sold to Access UK Limited in a deal that gave investors a significant return on their investments.
Simon Thomas, managing director of the commercial division at Clarke Willmott, led on the deal for Clarke Willmott and also provided legal advice for co-founders Joe Cripps and Wil Grace when the company formed in 2014.
Simon Thomas said: “It was fantastic to see this client come full circle. We started working with Trailsuite at its very conception, forming the company, putting in place the initial shareholder agreements and assisting with initial rounds of investment. Since then we have provided ongoing advice to the business on various matters including employment, IP and commercial contract issues.
“When it came to the sale the key challenge was the logistics of dealing with nearly 60 different selling shareholders in multiple jurisdictions, including some German and Luxembourg based funSoftds who were advised by lawyers in California. The time difference certainly posed some challenges at the closing stages and the logistics of getting over 50 sellers signed up to the deal was a significant exercise in its own right.
“We were pleased to get an excellent outcome for the Founders and long-standing investors and wish them all the best of luck in their next ventures.”
Trail is an app predominantly used in hospitality and leisure which allows businesses to run a paperless workplace with checklists, record logs, and integrations. Thousands of businesses use Trail every day for covid checks, food hygiene, and general operations. Access UK Limited, the Buyer, will add Trail to the Access Group’s hospitality division.
Joe Cripps, joint founder of Trail, commented: “We have worked with Simon and his team at Clarke Willmott right from the start of Trail, through several rounds of fundraising and on a wide range of other legal needs. We were therefore delighted to work with Simon again when it came to the sale of our business - something very close to our hearts.
“Simon and his team delivered exceptional service; we felt that he was really looking out for us as well as keeping the deal moving in a practical and pragmatic way throughout. I would have no hesitation in working with Simon again and would thoroughly recommend him and Clarke Willmott to others looking to develop and sell their business.”
In light of this, Sylvie Gallage-Alwis, Partner at the Paris office of specialist disputes law firm Signature Litigation, explains that the call at European level for anxiety claims to be recognised and have a general liability regime should be of great concern for companies doing business in the EU.
As highlighted in previous articles on this topic, the anxiety damage (“fear of cancer”) seemed to be a French specificity up until now, especially when it came to the easiness for plaintiffs to be granted damages. Following a landmark decision dated 11 May 2010, the French Supreme Court created a case law whereby workers of sites recognised by the French Government as having used asbestos in a significant manner benefit from a triple presumption: (i) they are anxious, (ii) their employer did not comply with asbestos-related obligations and (iii) there is a causal link. Businesses doing business in France that had used asbestos or that inherited from sites where asbestos was used were almost automatically condemned.
Given the number of companies that filed bankruptcy and the fact that the former Presiding Judge of the Social Chamber of the Supreme Court admitted that this case law was tantamount to the opening of Pandora’s box (as there is thankfully a higher number of workers who did not develop a disease as opposed to the ones who did), one could have thought that this case law would remain very limited in scope and concern France only.
Recent events show that it will likely not be so and that our warning that French case law should be monitored as it could be applied to substances other than asbestos and in other jurisdictions than France seems to be appropriate.
As for the latter, on 15 July 2021, the Committee on the Environment, Public Health and Food Safety issued an opinion for the Committee on Employment and Social Affairs with recommendations to the European Commission on protecting workers from asbestos on the grounds that “asbestos remains one of the most significant occupational health challenges and that 125 million people worldwide have been exposed to asbestos in the workplace” and that “approximately 250,000 people die each year as a result of asbestos exposure”.
While bearing in mind that “16 European countries still use asbestos, particularly as a building material, and continue to produce and export it”, the Committee published numerous recommendations, including the following:
These recommendations are a clear push to implement, in all Member States, a legal regime that facilitates the compensation of plaintiffs, including the anxiety damage which should be recognised everywhere.
Furthermore, in its opinion, the Committee highlights some health issues that it would like the Commission to monitor, such as the effect of asbestos on the environment (wildlife & vegetation), on children and on water. Based on the sensitivity of such potential exposures, if science confirms such health and environmental risks, massive litigation throughout the EU will be initiated, including on the grounds of anxiety, and companies will be requested to take numerous steps to contain these risks.
As for the scope of the anxiety damage, on 5 April 2019, the Supreme Court extended the anxiety damage to all employees of all sites operating in France, irrespective of whether they are listed by the French Government as having used asbestos in a significant manner (no. 18-17.442).
But more importantly, on 11 September 2019, it ruled that the loss relating to anxiety could be claimed by any worker exposed to a "harmful or toxic substance" (nos. 17-24.879 to 17-25.623). At the same time, the loss relating to anxiety was also recognised in the scope of litigation involving health products, i.e., in a scope other than the employer/employee relationship. Its application further appeared in environmental, consumer, industrial accidents and loss or misappropriation of personal data cases. It has even given rise to the concept of “eco-anxiety”, namely anxiety related to climate change.
In light of the above, it is now clear that there is a significant risk for companies doing business in France that the case law that has emerged a decade ago in France, relating to the fear of cancer, extends not only in scope (so as not to be limited to asbestos exposure) but also territorially (to end up being recognised in all EU Member States). In order to get ready for such litigation, experience shows that companies need to: (i) gather all data they had on their HSE measures, per hazardous substance used, (ii) collect data on potential diseases developed by their workers, (iii) conduct a review of the protective equipment available on their sites, (iv) further inform their workers on the hazardous substances they may be exposed to and (v) know the number of workers who are exposed to hazardous substances so as to anticipate the pool of potential plaintiffs.
