Mondaq Most Recent Articles-26 May 2013

A Catch To A Release Field LLP A signed release provides peace of mind that all disputes are resolved and there will be no further claims,	What Broker-Dealers Need To Know About FINRA Fox Rothschild LLP Recently, FINRA publicized penalties against three companies and associated individuals for failing to implement adequate anti-money laundering procedures.
Is Federal Court Really a Better Place to Foreclose? Fox Rothschild LLP he common practice in New Jersey is to start a mortgage foreclosure action in the Chancery Division of the State Superior Court.	EU Presidency Seeks Political Guidance On Most Contested Aspects Of The Draft Data Protection Regulation Reed Smith On 24 April 2013, the EU Presidency, currently held by Ireland, prepared a Note to the Committee of Permanent Representatives (COREPER) regarding the proposed General Data Protection Regulation (Regulation).
New Jersey Law Scrutinizes Independent Contractors In Trucking Industry Fox Rothschild LLP I have posted numerous times on the crackdown by numerous States of alleged misclassification of individuals as independent contractors.	Goodwill Industries And OFCCP Settle Reverse Sex Discrimination Findings Proskauer Rose LLP The Department of Labor announced that Goodwill Industries, best known for their donation centers and retail stores, has agreed to settle allegations of systemic discrimination stemming from Goodwill’s selection practices.
The "NEW IMPROVED" DSM-V -- Prescription For More ADA Suits? Fox Rothschild LLP With the recent, long-awaited publication on May 18th of the 900-plus page DSM-V, the so-called "Bible" of the American Psychiatric Association (its $100,000,000 publishing baby), there has been the usual battle between and among psychiatrists, psychologists and other mental health professionals over its content.	New Maryland Law Requiring Accommodations for Pregnancy-Related Disabilities Venable LLP The Maryland Act regarding reasonable accommodations for disabilities due to pregnancy was approved by Governor O’Malley late last week and will become effective on October 1, 2013.
Terms of Service and Deceased User’s Account Field LLP When a user dies, who owns the contents of that user’s account?	More Changes Likely Coming For The Telemarketing Sales Rule Venable LLP Any marketer can tell you it takes work to stay at Number One. Often you have to innovate, update and keep your product fresh.
May 2013 Brings New Immigration Forms Proskauer Rose LLP New versions of several key immigration forms have been released in 2013. Among these new forms are the G-28, Notice of Entry of Appearance as Attorney or Accredited Representative; the I-9, Employment Eligibility Verification; and the I-94, Arrival/Departure Record.	The First European Parliament Vote On The New Data Protection Regime Will Be Delayed Reed Smith The date of the first binding vote by the Civil Liberties, Justice and Home Affairs Committee (LIBE) on the proposed General Data Protection Regulation (Regulation), which was initially planned for April-May 2013, has been postponed a second time.
Related Party Disclosures for Irish Funds, May 2013 Arthur Cox The Central Bank has issued revised Notices dealing with the disclosures required to be included in the yearly and half-yearly accounts about transactions with connected parties to a fund which require statements to be included in the accounts about such transactions being carried out at arm’s length	ICSID Tribunal Found Unfair Treatment of a German Investor by Ukraine Sayenko Kharenko In an earlier post CIS Arbitration Forum reported that Ukraine was ordered to pay in the region of EUR 3 million to German investors in Inmaris Perestroika Sailing Maritime Services GmbH and others v Ukraine.
NY Starbucks Tip Fight Percolates Beyond Java Giant Fox Rothschild LLP Restaurateurs argue the outcome of a New York court case over which Starbucks employees get tips could subject the state’s hospitality industry to devastating liability, while plaintiffs’ lawyers say the bosses see this court battle as an opportunity to cut payrolls by spreading tips to more employees.	Op-Ed: Now Is The Time To Defer The June 10th Central Clearing Deadline Reed Smith June 10th marks the day on which many "Category 2 Entities" will be required to centrally clear certain credit default index and interest rate swaps.
Do I Really Need To Report (or get a report on) Every "Security Incident" Under The Sun to Comply With HIPAA? Fox Rothschild LLP Our blog posts have been somewhat fewer and farther between since the release of the Omnibus Rule, primarily because we have been busily working to understand the subtleties of the Omnibus Rule, while helping our clients implement the necessary changes.	Rich in Fiber, FTC Proposes Changes To Textile Labeling Rules Venable LLP In a move that could well alter the fabric of the textile industry, the FTC is proposing changes to its Textile Labeling Rules.
DOJ Announces A Design And Construction Settlement Of Almost $1 Million Fox Rothschild LLP Earlier this month the Department of Justice (DOJ) announced a settlement with the architects and civil engineers involved in the design and construction of a number of multifamily housing complexes located in Mississippi, Louisiana and Tennessee.	Too Old to Perform Well? Fox Rothschild LLP Increasingly, there are more and more articles and pundits discussing the aging workforce and the impact that has on employers' operations.
NJ General Assembly Amends Redevelopment Eminent Domain Leg. Fox Rothschild LLP The New Jersey General Assembly overwhelmingly passed a bill intending to "clarify" the use of eminent domain by a municipality ..	Is Your Arbitration Clause Fair Enough To Be Enforceable? Fox Rothschild LLP The Supreme Court of Washington issued a recent opinion reminding us that, even after Conception, arbitration clauses must be fair in order to be enforceable.
Supreme Court Unanimously Upholds Creditability of UK Windfall Tax McDermott Will & Emery In a rare unanimous decision with potentially far-reaching impact on taxpayers claiming foreign tax credits, the Supreme Court of the United States ruled that a "windfall tax" imposed by the United Kingdom was creditable under IRC Section 901.	Notice Of Coverage Options Available Through The Exchanges McDermott Will & Emery On May 8, 2013, the U.S. Department of Labor (DOL) published Technical Release No. 2013-02, which provides temporary guidance addressing the Patient Protection and Affordable Care Act's (ACA) required notice to employees regarding their coverage options under state and federally facilitated health insurance exchanges (Exchanges).
NJ Legislature Passes Domestic Violence Leave Bill Day Pitney LLP The New Jersey legislature has passed a bill requiring employers to allow twenty days of unpaid leave to domestic violence victims in their workforce.	Patent Exhaustion Rejected: Patented Seed Purchaser Has No Right to Make Copies McDermott Will & Emery The Supreme Court in Bowman v. Monsanto Co. ruled unanimously that a farmer’s replanting of harvested seeds constituted making new infringing articles.
Government Of Canada Announces New Support For Canadian Venture Capital Funds McMillan LLP On May 3, 2013, the federal Minister of Finance announced that the Government of Canada is soliciting expressions of interest in funding to be offered under two new initiatives aimed at strengthening Canada's venture capital industry.	Preparing For "Round 2" of the AODA: The Integrated Accessibility Standards McMillan LLP Ontario private sector employers take note: you may have just successfully complied with the Customer Service Standard requirements, but now you face the first of several new deadlines for compliance under the Integrated Accessibility Standards Regulation ("IAS Regulation"), pursuant to the Accessibility for Ontarians with Disabilities Act, 2005.
EEOC Issues Updated Publications on Specific Disabilities Day Pitney LLP The EEOC recently issued four revised documents in its disability discrimination "Questions and Answers Series," addressing how the Americans with Disabilities Act (ADA) applies to individuals with (1) cancer, (2) diabetes, (3) epilepsy, and (4) intellectual disabilities.	Cannot Fit Workers’ Compensation Peg Into Whistleblowing Or Anti-Discrimination Hole Day Pitney LLP The District of New Jersey ruled recently that filing a workers’ compensation claim does not qualify as protected activity sufficient to trigger protection from the Conscientious Employee Protection Act ("CEPA") or the New Jersey Law Against Discrimination ("LAD").