Wednesday 2 January 2013

Your Commercial Law Updates

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Commercial Law

 
Legal intelligence from leading lawyers and law firms
 
 
New Year's Resolutions That Plan Sponsors Should Make and Keep
 
A New Year's resolution is a promise that a person makes to achieve one or more personal goals, projects, or the reforming of a habit. The big deal about a New Year's Resolution is that it is made in anticipation of the New Year and new beginnings....
By: Ary Rosenbaum
 
 
What You Say Can and Will be Held Against You: ADA Confidentiality Requirements Extend Beyond Termination of Employment
 
The Americans with Disabilities Act (ADA) requires any information regarding employees obtained through a medical inquiry to be kept confidential. Such information must be recorded on separate forms and kept in a confidential manner in a different...
By: Bracewell & Giuliani LLP
 
 
Getting the Deal Through – Trademarks in 50 jurisdictions worldwide - 2013: Kosovo
 
Originally published in Getting the Deal Through – Trademarks in 50 jurisdictions worldwide - 2013: Kosovo. 1. Ownership of marks: Who may apply? Any natural or legal person (or an undertaking that is not a legal person if it has the legal...
By: Karanovic & Nikolic Law Office
 
 
Unpaid Interns, Volunteers, And Trainees
 
Who, What, Why . . . Who does it apply to: Every employer who has or intends to hire unpaid interns. When must an intern be paid: All “employees” of a business must be paid at least minimum wage unless they are a “trainee” under the law,...
By: Looper Reed & McGraw, P.C.
 
 
New Legislation Prevents Privilege Waiver When Providing Information To CFPB
 
A new bill has been signed into law which prevents a waiver of attorney-client privilege when a regulated entity submits information to the CFPB....
By: Leonard, Street and Deinard - Dodd-Frank and
 
 
SEC Enforcement Update: With Khuzami Out, Who's On Deck?
 
The Security and Exchange Commission’s (SEC) director of enforcement position is now vacant: Robert Khuzami, who held the job from 2004-2009, left the agency last Thursday. Now speculation about who might replace Khuzami is growing....
By: Shipkevich PLLC
 
 
Too Sexy To Work Here: Fired For Being Attractive
 
Melissa Nelson is “devastated” according to ABC News. She was fired from her job as a dental assistant after 10 years of service because her male employer found her attractive and felt termination necessary to protect his marriage....
By: Looper Reed & McGraw, P.C.
 
 
Feeling Generous This Year?
 
Giving to others is rewarding in and of itself, but it's always nice to see your generosity provide you with a tax benefit and result in a lower tax bill. In our tax law practice we represent many individuals and one of the most often audited items...
By: Moskowitz LLP
 
 
Patton Boggs Reinsurance Newsletter - December 2012: New Jersey Federal Court Grants Partial Summary Judgment to Retrocedent, But Preserves Rescission Claim for Trial
 
Munich Reinsurance Am., Inc. v. Am. Nat’l Ins. Co., No. 09:6435, 2012 WL 4475589 (D. N.J. Sept. 28, 2012). In a complicated retrocessional dispute, the New Jersey federal court granted in part and denied in part the retrocedent’s motion for...
By: Patton Boggs LLP
 
 
Business Tort Suit Brings Sanctions
 
Virginia’s business-friendly laws and precedents provide employers with powerful remedies and employees with effective deterrents against wrongful conduct in business affairs. As a Fairfax Circuit judge has recently demonstrated, good faith...
By: Bean, Kinney & Korman, PC
 
 
Final Rule on New Iranian Sanctions Published
 
On December 26, 2012 the Department of the Treasury's Office of Foreign Assets Control ("OFAC") published a final rule amending the Iranian Transactions and Sanctions Regulations, 31 C.F.R. part 560 (the "ITSR"), to implement section 218 of the Iran...
By: Proskauer Rose LLP
 
 
Second Circuit Reverses Bacolitsas Decision in Rare Win for Condo Developers
 
A condominium developer has garnered a significant victory in a dispute with a buyer as the result of a decision by the U.S. Court of Appeals for the Second Circuit....
By: Ballard Spahr LLP
 
 
Court Rejects EEOC Class-Wide BFOQ Challenge To Mandatory Retirement Of Pilots
 
Mandatory retirement ages have been largely eliminated for most employees, but still continue in a handful of areas. For many years, the Federal Aviation Administration prohibited pilots over the age of 60 from flying for commercial airlines....
By: BakerHostetler
 
 
Under Construction - December 2012
 
In This Issue: Letter from the Editor; Colorado Construction Law Developments in 2012; Arizona Court of Appeals Issues Decision Related to the Application of the Statute of Repose and Economic Loss Doctrine for Subsequent Home Purchasers; Engler...
By: Snell & Wilmer L.L.P.
 
 
EEOC Sues Camden Place Health & Rehab, LLC for Disability Discrimination
 
Nursing Home Failed to Provide Certified Nursing Assistant with Reasonable Accommodation and Discharged Her Because of Her Disability, Federal Agency Charges - GREENSBORO, N.C. - Camden Place Health & Rehab, LLC, a North Carolina limited...
By: U.S. Equal Employment Opportunity Commission
 
 
The NLRB Finishes 2012 with a Bang and Shows No Sign of Slowing Down in 2013
 
The National Labor Relations Board (the "NLRB") released a number of important decisions in late December 2012. The most significant of these decisions, which seemingly signal continued activism by the NLRB, address employee discipline and dues...
By: BakerHostetler
 
 
IRS Revokes Ruling Finding Facility-Specific Power Purchase Agreements Are Part of the Facility
 
The Internal Revenue Service (IRS) recently revoked Private Letter Ruling (PLR) 201214007, which found that facility-specific power purchase agreements (PPAs) are considered part of the underlying wind energy facilities and, therefore, no portion of...
By: Loeb & Loeb LLP
 
 
Mintz Levin Files FOIA Request for DOL Prevailing Wage Data
 
On December 7, 2012, Mintz Levin filed a request under the Freedom of Information Act (“FOIA”) with the U.S. Department of Labor (“DOL”). The request seeks disclosure of all documentation relating to prevailing wages, statistical methodologies and...
By: Mintz Levin - Immigration
 
 
SEC Permits Portfolio Margining of Credit Default Swaps
 
Order grants exemptive relief from Exchange Act requirements; parallel CFTC relief expected soon. On December 14, the Securities and Exchange Commission (SEC) issued an order granting exemptive relief (Exemptive Order) from certain requirements...
By: Morgan Lewis
 
 
Patton Boggs Insights - December 2012: Enforcement: Firms Pay Up In Whistleblower Cases
 
Three employers who fired employees after they filed complaints with OSHA have been ordered to reinstate the workers and pay back wages and damages. A pilot will be reinstated and paid more than $500,000 after investigators determined he was...
By: Patton Boggs LLP
 
 
SEC Names Acting Directors For Corporation Finance, Trading And Markets
 
On December 17, the Securities and Exchange Commission (SEC) announced that Lona Nallengara will serve as Acting Director of the Division of Corporation Finance, replacing Meredith Cross who recently announced her departure. Mr. Nallengara has served...
By: BuckleySandler LLP
 
 
NLRB Overrules Another Longstanding Precedent: Witness Statements No Longer Exempt From Disclosure
 
The precedents are falling fast. Last week the NLRB overruled the five decade old Bethlehem Steel decision, and now another longstanding precedent has fallen....
By: Proskauer - Labor Relations
 
 
A Couple Quick Tips To Fight FMLA Abuse Around The Holidays
 
Have your employees' absences from work been a bit more frequent lately? And are you tired of the lame excuses they're providing? After all, there are only so many times your employee's dog can knock over the Christmas tree....on top of your...
By: Franczek Radelet P.C.
 
 
FTC Announces Departure Of Consumer Protection Director
 
On December 17, the FTC announced that the Director of its Bureau of Consumer Protection, David Vladeck, will leave the agency on December 31, 2012. Since taking the position in 2009, Mr. Vladeck has led the Bureau’s focus on financial fraud and...
By: BuckleySandler LLP
 
 
Fourth Circuit Upholds Employer-Favorable Religious Discrimination Decision
 
The Fourth Circuit Court of Appeals recently affirmed summary judgment in favor of an employer that was sued by the Equal Employment Opportunity Commission (EEOC) for religious discrimination. In EEOC v. Thompson Contracting, Grading, Paving, and...
By: Poyner Spruill LLP
 
 
 
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