Mondaq Latest Added Articles

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Update To PSEA's Fight To Prevent Schools From Releasing Employee Home Addresses 
Fox Rothschild LLP

This update on the Pennsylvania State Education Association (PSEA) injunction relating to home addresses will not impact the way you answer Right-to-Know Law (RTKL) requests, ..
Pay To Play: §327(A) Professionals Pay Their Own Defense Costs In Litigation Challenging Fee Applications 
Butler Snow LLP

On June 15, 2015, the Supreme Court of the United States made clear that attorneys and other professionals hired under §327(a) of the Bankruptcy Code are not entitled to fees for their time ...
H.B. 1455: New Texas Law Governing Condominium Association Construction Defect and Design Claims  
Fox Rothschild LLP

On May 29, 2015, the Texas state legislature voted to send House Bill No. 1455 to Governor Abbott's desk, which he signed on June 17, 2015.
The "American Rule" Prevails: The Supreme Court Denies Certain Fees In Bankruptcy Cases 
Butler Snow LLP

In 2005, ASARCO LLC, a copper mining, smelting and refining company, was in financial trouble and filed for Chapter 11 bankruptcy.
Union Financial Disclosure Law Passes Senate 
McLennan Ross LLP

On June 30, 2015, the Canadian Senate passed Bill C-377, which amends the Income Tax Act to require labour organizations and labour trusts to file financial statements and disclose assets, liabilities, income, and expenditures.
SCOTUS Preserves The Affordable Care Act's Subsidy Provisions: What Employers Need To Know 
Fisher & Phillips LLP

The U.S. Supreme Court preserved key provisions of President Obama's Affordable Care Act (ACA), maintaining insurance subsidies despite a stiff challenge from opponents.
New Jersey Supreme Court's Saavedra Decision Serves As Warning To Employees Contemplating Theft of Employer's Confidential Documents 
Fox Rothschild LLP

On June 23, 2015, in a 6-1 decision, the New Jersey Supreme Court affirmed the denial of Ivonne Saavedra's motion to dismiss a criminal indictment against her for absconding with her employer's confidential documents.
Supreme Court Strikes Down EPA's Mercury And Air Toxics Standard 
McGuireWoods LLP

Delivering a sharp blow to President Obama's efforts to regulate coal plants, the U.S. Supreme Court invalidated the Environmental Protection Agency's (EPA's) 2012 Mercury and Air Toxics Standards...
The Third Circuit Instructs Employers To Allow Employees Submitting Insufficient FMLA Medical Certifications Opportunities To Cure Their Paperwork 
Fox Rothschild LLP

On Monday, June 22, 2015, the Third Circuit issued a clear message to employers: when it comes to the Family and Medical Leave Act of 1993 (FMLA), strict adherence to the regulations is necessary and gives employees the benefit of doubt.
The Workforce Innovation And Opportunity Act's Amendments To The Rehabilitation Act of 1973 
Fox Rothschild LLP

Amendments made by The Workforce Innovation and Opportunity Act (Act) to the Rehabilitation Act of 1973 represent an important shift in the involvement of the Office of Vocational Rehabilitation (OVR) in the transition of students with disabilities to post-secondary life.
Third Circuit Court Of Appeals Affirms That Pennsylvania Law Does Not Recognize Automatic "Equitable Extensions" Of Oil And Gas Leases Based Solely On The Premise That A Lessor's Attempt To Legally Invalidate The Lease Constitutes A Repudiation 
BakerHostetler

On June 25, 2015, the United States Court of Appeals for the Third Circuit affirmed the District Court for the Middle District of Pennsylvania's prior entry of summary judgment...
U.S. Department of Labor Issues Proposed Regulations That Significantly Increase the Minimum Salary That Must Be Paid To Classify Employees as Exempt From Overtime 
Fox Rothschild LLP

On June 30, 2015, the U.S. Department of Labor (DOL), at the behest of President Barack Obama, published a Notice of Proposed Rulemaking seeking primarily to revise the baseline salary requirements under the federal minimum wage and overtime exemptions.
Show Me the Money: DOL Proposed Regulations Dramatically Expand Overtime Eligibility For White Collar Employees 
Orrick

After months of talk and speculation about new overtime regulations, on June 30, 2015, the United States Department of Labor ("DOL") issued its proposed rule and request for comments on its "white collar exemption" regulations.
U.S. Department Of Labor Issues New FMLA Forms 
Fox Rothschild LLP

New model forms for employers to use when managing employees on leaves under the Family and Medical Leave Act (FMLA) have been issued by the United States Department of Labor (DOL).
Groundbreaking: CFPB Issues First Ever Appeal Decision In Mortgage Kickback Case  
Troutman Sanders LLP

This month, Consumer Financial Protection Bureau Director Richard Cordray issued a groundbreaking decision in the first ever appeal of an administrative enforcement proceeding.
Waters Of The U.S. 
Fox Rothschild LLP

The U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers have released their rule for defining "Waters of the United States."
West Virginia Attorney General's Office Settles Debt Collection Allegations Against CashPoint  
Troutman Sanders LLP

On June 23, West Virginia Attorney General Patrick Morrisey announced that he had reached a settlement with Dominion Management Services, a vehicle title loan company that does business as CashPoint.
Beware Of The Bats 
Fox Rothschild LLP

The U.S. Fish and Wildlife Service recently announced that it is protecting the northern long-eared bat as a threatened species under the Endangered Species Act.
Prompt Filing Of Planning Or Zoning Board Approvals Can Help Decrease Developer Vulnerability To Appeals 
Fox Rothschild LLP

At what point does a planning board or zoning board approval become "final and unappealable," enabling a developer to feel confident that a critical contingency in its purchase and sale agreement has been satisfied, ..
Legislative Update In Pennsylvania (July 2015) 
Fox Rothschild LLP

House Bill No. 613 proposes to create what would be known as the "Tax Exemption and Mixed-Use Incentive Program Act," which would, among other things, authorize local taxing authorities
Lot Purchase Agreements – Not Your Typical Agreement Of Sale 
Fox Rothschild LLP

In the last 10 years, we have seen a substantial reduction in the number of local and regional home builders.
Time To Review Your Pennsylvania Real Estate Assessments (July 2015) 
Fox Rothschild LLP

If you are the owner of a commercial, industrial, retail, office or other property in Pennsylvania, then now is the time to review the tax assessment for your property against its current market value. This same review is also applicable to residential properties
I Have Been Named An Estate Trustee... Now What? 
Blaney McMurtry LLP

"Estate trustee" is the term used in Ontario to refer to an executor or administrator of a deceased individual's estate.
Would US Dept. Of Labor's New Overtime Rule Affect CA Employers?  
Fox Rothschild LLP

The Department of Labor has proposed a rule to raise the minimum salary workers must earn to qualify for "white collar" exemptions from $23,660 per year to $50,440 per year.
FTC Sending Nearly $4 Million To Consumers Extorted In Credit Card Debt Collection Scam 
Troutman Sanders LLP

As we discussed last year, the Federal Trade Commission announced in May 2014 that it settled charges against Asset Capital and Management Group...
First Round Of Post-Teva Claim Construction Decisions: Business As Usual? 
Patterson Belknap Webb & Tyler LLP

In its January 2015 decision, Teva Pharms. USA, Inc. v. Sandoz, Inc., the Supreme Court held that the ultimate construction of a patent claim term is a question of law, subject to de novo appellate review, ..
What's In A Name? Defining Fundraising Models For Nonprofits 
Patterson Belknap Webb & Tyler LLP

An article in the Stanford Social Innovation Review suggests that the language non-profits use to describe their operations fails to adequately and efficiently convey the complexity of their work.
Overtime Expansion Unveiled: Proposed USDOL Rule Would More Than Double the Salary Threshold for Overtime Exemptions 
Patterson Belknap Webb & Tyler LLP

Yesterday, the U.S. Department of Labor's ("DOL") Wage and Hour Division announced a proposed rule that would significantly increase the salary threshold to classify employees as exempt from the minimum wage and overtime provisions of the Fair Labor Standards Act ("FLSA").
Low Interest Rate Is High Time For Some Estate Planning Ideas 
Bradley Arant Boult Cummings LLP

When practitioners and clients think of estate planning, several goals typically come to mind...
Second Circuit Affirms Ruling Against Apple In E-book Price-Fixing Case 
Patterson Belknap Webb & Tyler LLP

We have previously posted about United States v. Apple, Inc., a blockbuster trial that ended with Judge Denise Cote of the Southern District of New York concluding that Apple had conspired with five publishing companies to raise the price of e-books.
DOJ and Michigan Sue Four Hospital Systems for Agreeing Not to Compete with Each Other 
Patterson Belknap Webb & Tyler LLP

Together with the State of Michigan, the United States Department of Justice's Antitrust Division has filed a civil suit against four Michigan hospital systems for allegedly agreeing to limit marketing in each other's territories.
Third Circuit Expands FMLA Interpretation 
Bradley Arant Boult Cummings LLP

Hansler worked as a technical partner at Lehigh Valley. In March 2013 she began experiencing shortness of breath, nausea, and vomiting.
Cybersecurity  
McMillan LLP

Privacy laws in Canada require that organizations implement physical, organizational and technological security measures to protect personal information under their control.
Relations avec les communautés autochtones : le Québec publie un document d'information pour les promoteurs 
Norton Rose Fulbright Canada LLP

Récemment, le gouvernement du Québec a publié un document d'information traitant des facteurs autochtones devant être considérés par tout promoteur souhaitant développer un projet de mise en valeur des ressources naturelles.
Unfair contract terms and small business contracts 
Norton Rose Fulbright Australia

This new bill seeks to apply the existing prohibitions on unfair contract terms to "small business contracts".
IP Monitor - Drug Labels That Canadians Can Understand 
Norton Rose Fulbright Canada LLP

Health Canada introduced the regulatory amendments in July 2014 as part of its Regulatory Transparency and Openness Framework and its commitment to make information more readily available to Canadians.
Cayman Islands FATCA Guidance Notes v2.1 Issued 
Maples and Calder

The Cayman Islands Tax Information Authority issued version 2.1 of the Cayman Islands FATCA Guidance Notes (the "Guidance Notes") on 1 July 2015.
Amarin Pharma v. FDA – More Briefs Filed Regarding Off-Label Promotion And The First Amendment 
Reed Smith

Our prior posts looked at the Amarin Pharma, Inc. v. United States Food and Drug Administration lawsuit, which raises issues regarding the First Amendment and how it applies to speech by drug and device manufacturers regarding "off-label" uses.
New Rules For Residential Landlords In Wales  
Reed Smith

Residential landlords of properties in Wales need to be aware of the extra regulatory burden that applies to them and particularly because breach could be a criminal offence.
CMBS 2.0 – Quantum or Solace 
Reed Smith

Sunday marked the fourth anniversary since Deutsche Bank successfully brought to market Deco 2011-CSPK ("Chiswick Park").
Employers Must Define Level Of Authorized Access To Pursue Computer Fraud And Abuse Act Claims 
Reed Smith

In a decision that underscores the importance of carefully considering company computer-use policies and permissions, the United States District Court for the Middle District of Florida held last month that a company could not maintain a Computer Fraud and Abuse Act ..
LEAP Publishes New Northwest Europe Barge General Terms And Conditions 
Reed Smith

The oil industry group Leadership for Energy Automated Processing (LEAP) has published its Northwest Europe Barge General Terms and Conditions (GTCs).
Meta-Morphosis: Federal Court Decision Gives No Copyright Or Trademark Protection To Metatags 
Stewart McKelvey

The success of a business that operates online is, in large part, driven by how effective the business is in utilizing search engines, which generate most internet traffic.
The doctor will see you – Asking an employee for medical information and/or a medical examination 
Coleman Greig Lawyers

Employers have an obligation to make sure that employees are fit and well to perform the requirements of their position.
Circular on local incentives released by PRC State Council 
R&P China Lawyers

The Circular specifically prohibits local incentives for new investment and cancels previously-confirmed incentives.
Bob and Eric sang - I Shot the Sheriff: so what are the principles of self-defence in New South Wales? 
Carroll & O'Dea

The law in New South Wales does recognise the right of a person to act in self-defence from any threatened attack.
New Investigation Requirements, On-The-Spot Financial Penalties And Work-Stop Orders In Wake Of Babine And Lakeland Sawmill Disasters 
McCarthy Tétrault LLP

Before the Babine and Lakeland sawmill disasters in 2012, employers were already under an obligation to investigate any workplace incident involving serious injury or death.
IP5 Offices - Preparing An IP5-Compatible Patent Application: Disclosure Requirements 
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP

This article will cover the differences in the application parts and the ordering of the application in the IP5 countries.
Inter Partes Review: Indefinite Claims Can't Play 
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP

In a petition for inter partes review (IPR), the petitioner may challenge a patent claim only on grounds of anticipation or obviousness under 35 U.S.C. § 102 or 103, and using only patents and printed publications.
A Change In What "Means" Means: The En Banc Federal Circuit Reverses Itself 
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP

The patent owner conceded that the district court's construction rendered the relevant claims invalid as indefinite, and stipulated to final judgment, followed by an appeal.
Delaware General Corporation Law Amended Regarding Fee-Shifting And Forum Selection Clauses 
BakerHostetler

On June 24, 2015, the governor of Delaware signed into law legislation that amends the Delaware General Corporation Law (Title 8 of the Delaware Code).
DOL Proposes Momentous New Wage-Hour Regs 
Fisher & Phillips LLP

The DOL currently intends to increase the minimum salary threshold by approximately 200%, to $921 per week, which annualizes to $47,892. This is on the high side of what we had anticipated.
Have You Looked At Your Will Lately? 
Blaney McMurtry LLP

If you answered YES to any of the above, you should consult an expert to make sure that there are no unexpected problems for your loved ones!
Department Of Labor Proposes Doubling Overtime Threshold For Many Exempt Employees 
McGuireWoods LLP

The Fair Labor Standards Act requires most employees to receive the federal minimum wage of $7.25 per hour, and overtime pay for all hours worked over 40 in a workweek.
More Headaches: Emeryville Enacts Paid Sick Leave & Minimum Wage Ordinance 
Orrick

Emeryville will join San Francisco, Oakland and other cities across the nation that have enacted paid sick leave ordinances.
Ninth Circuit Reverses Class Certification In Joint Supplement Case Because Not All Class Members Saw Misrepresentation 
Morrison & Foerster LLP

The Ninth Circuit has held that a district court abused its discretion in certifying a class based on allegedly false health claims because not all class members saw the advertising.
Agencies Issue Proposals On "Fair Pay & Safe Workplaces" Executive Order 
Constangy, Brooks & Smith, LLP

The Federal Acquisition Regulatory Council and the U.S. Department of Labor issued simultaneous proposals to implement President Obama's Fair Pay and Safe Workplaces Executive Order.
EPA And Corps Issue Rule Defining "Waters Of The U.S."  
Sheppard Mullin Richter & Hampton

On June 29, 2015, the Environmental Protection Agency ("EPA") and U.S. Army Corps of Engineers ("Corps") published a final rule defining "waters of the United States."
Are You Getting Too Much State AG Enforcement In Your Dietary Supplement Business?  
Dickstein Shapiro LLP

In February, New York AG Eric Schneiderman announced the results of an investigation into store-branded dietary supplements sold at major national retailers.
DOL's Proposed FLSA Regs Will More Than Double The Salary Requirement For Overtime Exemption 
Bradley Arant Boult Cummings LLP

The Department of Labor issued its long-awaited proposed FLSA salary regulations today and, as many feared, they will have a massive impact on American businesses, more than doubling the salary companies must pay their employees to qualify for exempt status from overtime.
Congress Approves Agreement Between Brazil And The United States For The Automatic Exchange Of Financial Information 
TozziniFreire Advogados

Congress just approved the intergovernmental agreement between Brazil and the United States for the automatic exchange of financial account information.
Hospitality Industry Takes A Major Stride In The Last Decade 
Charles Russell Speechlys LLP

The hotel industry has seen a significant rise in activity in Bahrain and the region at large in the last decade.
Teaming Agreements: Lessons Learned From The Courtroom 
McGuireWoods LLP

Teaming agreements are one of the most common but least understood documents used by government contractors today.
WCO Issues Customs And Transfer Pricing Guide 
MNP

On June 24, 2015, the World Customs Organization (WCO) published the WCO Guide to Customs Valuation and Transfer Pricing (the Guide).
Blurred Lines: The Professional Services Exclusion In D&O Policies For Services Companies 
Orrick

Professional services companies need to be extra-careful when placing Directors and Officers liability ("D&O") coverage...
Shipping - Entry Into Force Of New Increased Liability Limits Under The LLMC Convention 
Andreas Neocleous & Co LLC

The Cyprus Department of Merchant Shipping has announced the entry into force of new increased liability limits under the Convention on Limitation of Liability for Maritime Claims of 1976...
Is It The End Of The Line For Our Current Broadcasting Regulatory Framework? 
Dentons

On 26 March 2015, the Department for Culture, Media and Sport (DCMS) published a consultation paper titled "The balance of payments between television platforms and public service broadcasters – options for deregulation".
Company Breaches Order, Director Goes To Jail 
Saxe Law Office

The sole corporate officer and director of Green Diesel Canada Ltd. has gone to jail, because his company breached a court order to pay restitution for illegal dumping.
Disclosure Requirements For The Issuers Of Capital Markets Instruments In Turkey 
Oncel, Aydın & Duman Attorney Partnership

According to the Turkish Capital Markets Code, the issuers of capital markets instruments must disclose to the public all information, instances and progress, which may affect the value of their capital markets instruments...
Bifurcation In The UK Courts? 
Marks & Clerk

The usual course in the UK is for patent infringement and validity proceedings to be heard together. Often one is a counterclaim to the other.
When Is An Employment Policy More Than Just A Policy? 
Clyde & Co

Jenni Priestley, Partner and Leah Hewish, Associate at Clyde & Co's Australia office report on a recent decision of the Supreme Court of New South Wales.
Employment "At A Glance" Guide - June 2015 
Clyde & Co

Indian labour and employment laws have not kept pace with India's fast track liberalisation policies.
Employment Immigration And Pensions International Newsletter - June 2015  
Clyde & Co

This quarter, we cover secondments into the UK, and have updates from Australia, Hong Kong, India, Qatar and the UAE on a variety of issues.
ACA Provides Commentary To CFPB On Credit Card Market 
Troutman Sanders LLP

ACA reached out to its members in a cooperative effort to provide the CFPB with insights into industry compliance efforts from the perspective of collecting consumer credit card debt.
Supreme Court Overturns D.C. Circuit Opinion On EPA MATS Regulations 
Smith Gambrell & Russell LLP

There is disagreement over what will become of the MATS regulations while the Circuit Court considers the case further.
Uber Independent Contractor Decision Will Have Broad Consequences For Employers In California 
Hirschfeld Kraemer LLP

Earlier today, Uber Technologies, Inc. announced the decision of the California Department of Labor, Division of Labor Standards Enforcement (DLSE) finding that a driver was an employee, not an independent contractor.
"Black Swan" Internship Case Creates New Obstacles For Employers In California 
Hirschfeld Kraemer LLP

In California, internships have always been viewed as a trade-off between prestigious employers and young students looking to get a foot in the proverbial door.
The Importance Of Cyber Insurance (Video Content) 
Brown Smith Wallace

It's no secret that even companies that take the proper precautions against data breaches can still be hacked and have to face the consequences...
Can The Majority And The Dissent Both Be Wrong? The Supreme Court Remands The MATS Rule 
Foley Hoag LLP

The short answer is, yes, though the majority is more wrong.
Good faith under the new standard contract AS11000 in the building and construction industry 
ClarkeKann Lawyers

The article looks at these amendments, and some implications for participants in the building and construction industry.
Further BCIPA amendments & time considerations in construction contracts 
ClarkeKann Lawyers

Further BCIPA amendments have been passed to answer stakeholder concerns regarding timeframes in construction contracts.
Recent developments in workplace safety 
Sparke Helmore Lawyers

This article discusses a range of recent legal developments that may affect safety and human resources decision-makers.
Individuals beware: WHS obligations apply to you! 
Sparke Helmore Lawyers

This case is a reminder that compliance with safety obligations is not just the responsibility of the organisation.
Privacy reform 12 months on: has anything really changed? 
Sparke Helmore Lawyers

A number of significant developments give an indication as to where Australia may be heading in the privacy law sphere.
Class Certification Of California Price Advertisement Case Gives Cause For Concern 
BakerHostetler

A recent class certification decision in California involving challenges to a retailer's price comparison advertisements should prompt retailers to carefully evaluate their sale advertising practices.
Compliance and enforcement under WHS undertakings 
Sparke Helmore Lawyers

A WHS undertaking is an opportunity to enter into a dialogue with the regulator to pursue an alternative to prosecution.
The Georgia Supreme Court Addresses What Triggers A Duty To Preserve Evidence 
Smith Gambrell & Russell LLP

In recent years, many courts, including the Georgia appellate courts, have addressed the issue of what triggers the duty of a party to preserve potential evidence for a dispute.
The ABI Commission On Business Bankruptcy Reform: Providing Information And Fairness To Creditors 
BakerHostetler

This is the fourth in a series of Alerts regarding the proposals made by the American Bankruptcy Institute Commission to Reform Chapter 11 Business Bankruptcies.
Charity Update 30 June 2015 
Field Fisher Waterhouse

The Cabinet Office launches an initiative that will provide grants to increase the sustainability of around 250 organisations working in the voluntary, community and social enterprise sector.
Holiday - Q&A 
Wedlake Bell

As the sun shines and the holiday season is upon us, employers are likely to face a number of tricky questions from workers regarding their holiday rights.
Big Business And Modern Slavery: New Requirements For Organisations 
Charles Russell Speechlys LLP

The Modern Slavery Act 2015 (the "Act") is a sweeping project to crack down on modern slavery practices, both within the EU and beyond.
Is Your Car Taking You For A Ride? 
Charles Russell Speechlys LLP

Advances in technology, Big Data and the Internet of Things are converging in the car and vehicle manufacturing industry to produce "connected and autonomous vehicles".
Mobile Privacy Principles 
Charles Russell Speechlys LLP

Recently the GSMA published a document promoting a user-centric privacy framework for the mobile eco-system in response to the convergence of the mobile and web industries.
New Jersey Tax Court Invalidates Hospital's Tax Exemption 
Day Pitney LLP

In a case of first impression, in a decision issued on Friday, June 26, the Tax Court of New Jersey invalidated the real property tax exemption of Morristown Memorial Hospital...
Individual Income Tax Exemption On The Commercial Health Insurance Premium  
Grant Thornton

The commercial health insurance scheme should be approved by the provincial finance, taxation and insurance supervision departments.
Supreme Court Rules EPA Must Consider Cost 
Troutman Sanders LLP

In its last published opinion of the term, the United States Supreme Court held that EPA should not have ignored costs in deciding whether to regulate mercury and other hazardous air emissions from coal- and oil-fired power plants.
Second Circuit Holds: You Can't Always Get What You Want – As Long As Your Employer Gives You What You Need (An Effective Accommodation) 
Sheppard Mullin Richter & Hampton

Plaintiff, a software engineer, sued for disability discrimination under the ADA and NYSHRL, alleging that his employer did not reasonably accommodate his hearing disability...
REMINDER: California Family Rights Act Amendments Go Into Effect July 1, 2015  
Sheppard Mullin Richter & Hampton

The California Family Rights Act ("CFRA") is a regulation that provides employees with up to 12 workweeks of leave within a 12-month period for a qualifying event...
CFPB's TRID Rule Delayed Again – Uncertainty Persists For Good-Faith Grace Period  
McGuireWoods LLP

The CFPB announced on June 17 that it would delay the effective date of the "Know Before You Owe" rule until October 1, 2015.
Porter Airlines Inc. Pays $150,000 For Alleged CASL Violations 
Aird & Berlis LLP

Businesses need to be aware that general corporate policies and practices will not be sufficient to avoid significant penalties under CASL.

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