Your Commercial Law Updates

Follow Other Topics » Email to Colleague »     Commercial Law   Legal intelligence from leading lawyers and law firms     Employers Must Gross Up Back Pay Awards in NLRB Cases   In another bold move, the National Labor Relations Board (NLRB) has beefed up the requirements for back pay payments when an employer loses a labor dispute. Employees and their lawyers have long complained of the tax consequences of back pay awards... By: Sherman & Howard L.L.C.     FDA Announces Public Meeting to Discuss Standardization and Availability of Medical Device Labeling   On April 29-30, 2013, FDA will hold a public workshop to discuss standardizing the format and content of medical device labeling and the development of a public repository/database that would provide access to the labeling of certain medical devices.... By: King & Spalding     FTC Amends COPPA Rule and Previews Future Enforcement Policies   On December 19, 2012, the Federal Trade Commission ("FTC") adopted the first amendments to the Rule promulgated under the Children's Online Privacy Protection Act (hereinafter, "COPPA" for the Act, and "COPPA Rule" for the Rule) since the COPPA... By: White & Case LLP     FDA Issues Final Guidance Documents on FDA's eCopy Program for Medical Device Submissions   On December 31, 2012, FDA issued a final guidance document entitled “eCopy Program for Medical Device Submissions” (“eCopy guidance”). Section 745A(b) of the Federal Food, Drug, and Cosmetic (FDC) Act, which was added by Section 1136 of the July... By: King & Spalding     FDA Issues New Guidances Regarding Its Preliminary Review of 510(k) Notices and PMA Applications   On December 31, 2012, FDA issued two final guidances that replace prior guidances related to the review of premarket submissions: “Refuse to Accept Policies for 510(k)s” and “Acceptance and Filing Reviews for Premarket Approval Applications (PMAs)”... By: King & Spalding     EEOC Alerts Employers to Potential Title VII and ADA Rights of Employees Who Experience Domestic Violence, Sexual Assault or Stalking   The U.S. Equal Employment Opportunity Commission (EEOC) recently issued a “Questions and Answers” document regarding the application of Title VII of the Civil Rights Act of 1964 and the Americans with Disabilities Act (ADA) to victims of domestic... By: Patterson Belknap Webb & Tyler LLP     Annual Report on EEOC Developments – Fiscal Year 2012   Over the years, Littler has provided periodic reports on significant cases, regulatory developments and other activities involving the Equal Employment Opportunity Commission (EEOC or “the Commission”). While such guidance is intended to update... By: Littler     NLRB Considers Employer's Obligation to Maintain Terms of Employment When One Union Replaces Another   In Cofire Paving Corporation v. Local 175 United Plant & Production Workers, 359 NLRB No. 10 (Sept. 28, 2012), a group of employees were represented by Local 1175, Laborers International Union of North America, AFL-CIO (Local 1175) for many years.... By: Ogletree, Deakins, Nash, Smoak & Stewart,     The Compliance Officer's Crystal Ball   In the last five years, law firms and companies have aggressively added resources and capabilities to respond to increased FCPA enforcement and compliance needs. Outside counsel have established practice areas dedicated primarily to FCPA enforcement... By: Michael Volkov     For Employers, Pay-or-Play Proposals Could Be Worse, Much Worse   Could employee benefits regulatory activity under the Patient Protection and Affordable Care Act (Act) be taking a turn toward common sense?... By: Ogletree, Deakins, Nash, Smoak & Stewart,     Top 10 Indian Tribal Tax Developments in 2012 and Priorities for 2013   In This Issue: - Fiscal Cliff Concerns: Impact of Expiring Tax Provisions and Rising Tax Rates - General Welfare Tax Planning in the Wake of IRS Guidance Offering Safe Harbors - New Developments in Income from Trusts and Trust Settlements... By: Holland & Knight LLP     Mortgage Forgiveness Act Extended   As part of the law passed as a last minute escape of the so-called fiscal cliff, Congress extended the Mortgage Forgiveness Debt Relief Act to the great relief of homeowners who’ve suffered foreclosure.... By: Lawyers.com     Fixing the Debt: Update on U.S. Fiscal Cliff Crisis (9th Edition) - January 1, 2013   THE LEGISLATION - Following a day of tumultuous House Republican caucus deliberations, at 11:00 pm, the House passed The American Tax Relief Act of 2012, a cliffhanger deal negotiated by Vice President Biden and Senate Republican Leader McConnell.... By: Patton Boggs LLP     Sending the Privilege Away: Attorney-Client E-Mails in the Corporate Setting   In a pending False Claims Act (“FCA”) case involving allegations of noncompliance with the federal physician self-referral law (the “Stark Law”), 42 U.S.C. § 1395nn, the United States District Court for the Middle District of Florida has issued a... By: K&L Gates LLP     UK Tax Law Changes May Affect Fund Industry   Recently proposed changes in UK law could affect private investment funds that operate or have partners, employees or investments in the UK. Many of the proposed changes are included in the draft Finance Bill 2013, which was published on December 11,... By: Proskauer Rose LLP     CFTC Reporting of Swap Transactions and Swap Dealer Registration   On January 2, the CFTC announced that real-time public reporting of swap transactions and swap dealer registration began on December 31, 2012.... By: Orrick - Structured Finance Group     Business News Digest - January 2013   In this issue: - Could Your Affiliate’s Activities Subject Your Company to the New Iran Reporting Requirements? - New York Attorney General Proposes New Rules Requiring Nonprofits Funding Political Communications to Disclose Donors - Record... By: Venable LLP     Google Search and Free Speech   On Thursday, the Federal Trade Commission announced that, after its inquiry of almost two-years, it is ending its antitrust investigation into Google. It finds that Google has not violated antitrust laws in its ordering of search results.... By: BakerHostetler     Patton Boggs Reinsurance Newsletter - December 2012: California Appeals Court Affirms Quashing of Complaint Against Bermuda Company   Hollander v. XL Ins. (Bermuda) Ltd., No. B230807, 2012 WL 4748956 (Cal. Ct. App. Oct. 5, 2012). A California appeals court has affirmed a trial court’s order quashing service of a summons and complaint for lack of personal jurisdiction against a... By: Patton Boggs LLP     Financial Markets in Africa   (Paru dans la Tribune « Marchés financiers » Jeune Afrique le 20 décembre 2012) Pour pouvoir jouer leur rôle, les marchés financiers africains doivent être en mesure de gagner en efficience et de constituer une véritable alternative au financement... By: Heenan Blaikie LLP     Emmert International to Pay $180,000 to Settle EEOC Race Harassment and Retaliation Lawsuit   Heavy Haul Transportation Company Allowed Environment of Racial Abuse and Retaliated Against Employee for Complaining, Federal Agency Charged - PHOENIX - Emmert International agreed to settle an employment discrimination lawsuit filed by the U.S.... By: U.S. Equal Employment Opportunity Commission     J.A. Thomas & Assoc. Agrees to Pay $350,000 to Settle EEOC Disability Discrimination Suit   Health Care Consulting Firm Refused to Rehire Bilateral Amputee, Federal Agency Charged - DETROIT-The U.S. Equal Employment Opportunity Commission (EEOC) announced today that it has resolved its suit against J.A. Thomas & Associates, a health care... By: U.S. Equal Employment Opportunity Commission     On the FTC-Google Settlement   Much has already been written about the specific terms of the settlement, so I will not attempt duplicate that effort. You can find the actual settlement here (see alert for link). There is some interesting background /behind-the-scenes information... By: Howard Ullman     Education Update, No. 1, January 2013: Making The Grade: Ensure Your School is Following Best Hiring Practices   The holiday break is over. Classes are back in full swing. For most schools across the nation, this is the time to evaluate current staffing needs and begin the recruitment and hiring process for the upcoming school year. The ultimate goal when... By: Fisher & Phillips LLP     Chinese Authorities Fine LCD Cartel Members in NDRC's First Global Cartel Decision   China’s National Development and Reform Commission (NDRC) has fined six liquid crystal display (LCD) manufacturers a total of RMB 353 million (USD 56 million) for their participation in a cartel to fix the price of LCD panels on the Chinese mainland... By: Orrick, Herrington & Sutcliffe LLP     See more Commercial Law advisories ›     Follow popular law news & updates with JD Supra on LinkedIn Today   Follow JD Supra » Forward to Colleague »  |  Follow Other Topics »   You received this email because you opted to do so via JD Supra. To stop receiving this digest, manage your subject subscriptions or unsubscribe from all.   JD Supra 10 Liberty Ship Way, Suite 300 Sausalito, CA 94965 Phone: 800-506-6010 (toll free)