Wednesday 26 December 2012

Your Commercial Law Updates

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Commercial Law

 
Legal intelligence from leading lawyers and law firms
 
 
Altec to Pay $25,000 to Settle EEOC Religious Discrimination Suit
 
Company Failed to Hire Seventh-day Adventist Due to His Refusal to Work on the Sabbath, Federal Agency Alleged - ASHEVILLE, N.C. - Altec Industries, Inc., a Birmingham, Ala. based manufacturing company, will pay $25,000 and furnish other...
By: U.S. Equal Employment Opportunity Commission
 
 
Beyond The Privacy Policy: New Guidance
 
On September 5, 2012, the Information and Privacy Commissioner of Ontario (“IPC”) released a new guidance paper, entitled “A Policy is Not Enough: It Must be Reflected in Concrete Practices”. This guidance paper will be particularly useful for...
By: Fraser Milner Casgrain LLP
 
 
Foley Hoag and AdvaMed Collaborate on Industry Guidance on Retail Exemption in Final Device Tax Regulations
 
Foley Hoag and the Advanced Medical Technology Association (AdvaMed) collaborated on an important resource guiding manufacturers, importers, and producers of taxable medical devices through the newly released Internal Revenue regulations on the...
By: Foley Hoag LLP
 
 
Court Rejects Novant's Challenge to CON Policy AC-3 for Academic Medical Centers
 
The North Carolina Court of Appeals recently affirmed a final agency decision to award a CON for a new ambulatory surgical facility to North Carolina Baptist Hospital (Baptist Hospital), on the basis that the petitioners failed to show the approval...
By: Poyner Spruill LLP
 
 
Lame Duck Congress Acts on Privacy Bills, Mostly With an Eye Toward 2013
 
While continuing congressional inaction on the fiscal cliff is getting most of the ink/pixels in news headlines over the last couple weeks, several privacy bills have advanced in the House and Senate....
By: BakerHostetler
 
 
EEOC Approves Strategic Enforcement Plan
 
On December 18, 2012, the U.S. Equal Employment Opportunity Commission (EEOC) approved its Strategic Enforcement Plan (SEP) highlighting six high-priority target areas. The SEP stresses that the EEOC’s enforcement efforts over the next four years...
By: BakerHostetler
 
 
EEOC Sues Paramount Janitorial Services, Inc. For Retaliation
 
Janitorial Service Unlawfully Fired Female Janitor for Complaining About Racist Slurs, Federal Agency Charges - PETERSBURG, VA. - Paramount Janitorial Services Inc., a Petersburg, Virginia based janitorial service unlawfully fired Cynthia...
By: U.S. Equal Employment Opportunity Commission
 
 
Can the Cook County Commission on Human Rights Award Punitive Damages?
 
Our previews of the new civil cases granted review at the end of the Illinois Supreme Court’s November term conclude with Crittenden v. Cook County Commission on Human Rights. Crittenden involves a question of administrative law which, depending on...
By: Sedgwick LLP
 
 
Is Your Company E-Verify Compliant?
 
In June 2011, North Carolina joined the ranks of an increasing number of states requiring the use of E-Verify. E-Verify is a free Internet-based system that allows employers to determine employment authorization by checking an employee’s...
By: Poyner Spruill LLP
 
 
Canadian Securities Administrators Publish Model Provincial Rules – Derivatives: Product Determination And Trade Repositories And Derivatives Data Reporting
 
I. INTRODUCTION - On December 6, 2012, the Canadian Securities Administrators OTC Derivatives Committee (the “Committee”) published model provincial rules for a sixty (60) day comment period. The model rules include: - Model Provincial Rules –...
By: Fraser Milner Casgrain LLP
 
 
Written Contracts And The Statute Of Limitations
 
Business people prefer written to oral contracts for many reasons. Among them, the terms of a written contract are less susceptible to misconstruction or misunderstanding, and some oral agreements – including real estate transactions and contracts...
By: Bean, Kinney & Korman, PC
 
 
Proposed Rules Implementing Affordable Care Act Rules Prohibit Discrimination by Health Insurers and Set Standards for Essential Health Benefits
 
On November 20, 2012, the Department of Health and Human Services (HHS) issued proposed rules under the Patient Protection and Affordable Care Act of 2010, as amended (the Affordable Care Act or the Act), which beginning in 2014 will prohibit health...
By: Poyner Spruill LLP
 
 
A Creative Approach to Resisting Shareholder Proposals Pays Dividends
 
Phillips Lytle LLP’s securities practice recently brought its litigation experience to bear on behalf of a client – National Fuel Gas Company (“National Fuel”) – faced with a shareholder proposal, which the proponent sought to circulate to all...
By: Phillips Lytle LLP
 
 
Oh Canada! Significant Developments in Canadian Energy - November 2012
 
In This Issue: - Oil Sands News - East Coast News - West Coast News - Canadian Arctic News - Alternative Energy News - On the Horizon - Abbreviations - Contact Us - Excerpt from Oil Sands News: The North West Redwater Partnership...
By: Fraser Milner Casgrain LLP
 
 
Illinois Supreme Court to Tackle Public Employees' Right to Strike
 
Our previews of the new civil cases granted review at the end of the Illinois Supreme Court’s November term continue with The Board of Education of Peoria School District No. 150 v. The Peoria Federation of Support Staff, Security/Policemen’s...
By: Sedgwick LLP
 
 
Michigan City Restaurant to Pay $20,000 to Settle Second EEOC Sexual Harassment Suit
 
Dinos Restaurant Allowed Male Co-Worker to Abuse Female Employee, Federal Agency Charged - SOUTH BEND, IND. - A Michigan City, Ind., restaurant will pay $20,000 to settle a second sexual harassment lawsuit brought by the U.S. Equal Employment...
By: U.S. Equal Employment Opportunity Commission
 
 
Are You In Compliance?
 
Online Privacy Policies for Websites and Mobile Apps - If your company’s website collects personal information from California residents, a California privacy protection law requires you to post a privacy policy on your site detailing what...
By: Greenberg Glusker Fields Claman & Machtinger
 
 
Corridors: News for North Carolina Hospitals - Winter 2012
 
In this issue: - Proposed Affordable Care Act Regulations are Designed to Encourage Participation in Wellness Programs - Proposed Rules Implementing Affordable Care Act Rules Prohibit Discrimination by Health Insurers and Set Standards for...
By: Poyner Spruill LLP
 
 
Proposed Affordable Care Act Regulations are Designed
 
With the conclusion of the 2012 elections, federal agencies now are releasing proposed regulations crucial to the implementation of the Patient Protection and Affordable Care Act (the Affordable Care Act). On Tuesday, November 20, 2012, the...
By: Poyner Spruill LLP
 
 
Product Liability Advisory - December 2012: Product Manufacturers and the Importance of Understanding Personal and Advertising Injury Coverage and Applicable Exclusions
 
In product liability actions, claims against manufacturers often involve bodily injury or property damage. But manufacturers can also be exposed to “personal and advertising” injuries, which don’t involve property damage but do involve financial...
By: Sedgwick LLP
 
 
Are the Regulators Coming after the Patent Trolls?
 
The Federal Trade Commission and the Department of Justice recently held a workshop to discuss the effects of patent assertion entities (PAEs) on innovation and competition....
By: BakerHostetler
 
 
Developments in Law, Factual Discovery Lead Federal Judge to Decertify Class Action
 
In Campbell v. First American, a federal judge in Maine has issued a ruling decertifying a class action involving claims that First American Title Insurance Co. overcharged refinance customers for their title insurance....
By: Foley & Lardner LLP
 
 
Updated COPPA Rule – "Strong, Stronger and Yet Stronger" or Just More Confusion?
 
After years of consideration and feedback the Federal Trade Commission released the final revision to the 14-year old Children’s Online Privacy Protection Act (COPPA) Rule. The FTC began its review of the Rule back in April 2010 and we reported on...
By: Mintz Levin - Privacy & Security
 
 
The Fiscal Cliff and the WARN Act
 
Federal spending cuts as a result of the looming fiscal cliff may have an additional impact on federal contractors anticipating layoffs or plant closures. Employers with 100 or more employees are required to provide their employees with a 60 day...
By: Miller & Martin PLLC
 
 
Mediation: Stop, Look and Listen
 
Originally published in THE RECORDER on November 30, 2012. Mediation requires counsel to view the dispute differently than when preparing for trial. Counsel who are preparing for and engaged in mediation use a different skill set than counsel who...
By: JAMS, The Resolution Experts
 
 
 
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