Mondaq USA: All Topics
The next step of the on-going Phoebe Putney litigation is completed.
If there is cohabitation by an ex-spouse who receives alimony, the ex-spouse is at risk not only to a potential decrease in alimony but also at risk for a total termination of alimony.
A new bill introduced in the Senate this week would expand the scope of patents whose validity may be challenged as a "Covered Business Method" patent under the America Invents Act (AIA).
On May 8, 2013, the US Department of Health and Human Services, Office of Inspector General issued a "Special Advisory Bulletin on the Effect of Exclusion from Participation in Federal Health Care Programs" ("2013 Bulletin").
On May 8, 2013, U.S. Citizenship and Immigration Services’ released a summary and assessment of efforts taken during the first year of its Entrepreneurs in Residence initiative.
Kenneth Hatai sued his employer (CalTrans) and his supervisor (Sameer Haddadeen), alleging discrimination based on his Japanese ancestry.
Notice Rule remains inoperative as court holds that it conflicts with NLRA's statutory language.
The Superior Court recently held that an attorney’s failure to make timely or effective objections to the composition of a jury prevented a trial court from vacating a judgment and granting a mistrial.
Employers should embrace this mantra - "Beauty Lies In Diversity," and not run from it.
In Corenbaum v. Lampkin, --- Cal.Rptr.3d ----, 2013 WL 1801996 (Cal.App. 2 Dist.), the court made it clear that when calculating damages in a personal injury lawsuit, the projected value of future medical services must be based upon the amount paid.
On March 22, 2013, the New York State Senate introduced the S4362 Proposal.
A federal court in the Western District of Wisconsin has now expanded the reach of the TCPA beyond auto/predictive dialers, holding in Nelson v. Santander Consumer USA that the federal statute may apply to calls even if an auto/predictive dialer is not used to initiate them.
On May 7, 2013, the United States Court of Appeals for the District of Columbia Circuit struck down the National Labor Relations Board ("NLRB") rule that would require employers to display posters about workers’ rights to engage in concerted activity.
Many state motor vehicle dealer statutes require that franchisors provide dealers with an opportunity to cure contractual breaches prior to implementing terminations.
On May 6, 2013, the United States Senate passed the Marketplace Fairness Act of 2013 (the "Act") by a vote of 69 to 27.
Since the enactment of the Multiemployer Pension Plan Amendments Act of 1980 ("MPPAA"), employers that withdraw from a multiemployer plan have been required to pay their share of the pension plan's unfunded liabilities, i.e., an employer's withdrawal liability.
On May 10, the U.S. Court of Appeals for the District of Columbia Circuit rejected Southern California Edison's challenge to the Federal Energy Regulatory Commission's (FERC's or Commission's) setting the company's base return on equity (ROE) for three transmission projects using the median, rather than the midpoint, of a zone of reasonableness.
Mandatory arbitration clauses are common in franchise agreements, including motor vehicle franchise agreements.
On April 24, 2013, Robert S. Bernstein, Plan Administrator for the Berkline/BenchCraft bankruptcy estates, began filing complaints with the Delaware Bankruptcy Court seeking to recover what he contends are preferential transfers.
If you are a subrogation professional who handles construction defect claims in Texas, you may have heard references to the case of Ewing Construction Company v. Amerisure Insurance Company, 684 F.3d 512 (5th Cir. 2012).
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Recently, Charlie Oppenheim of the Department of State's Visa Office shared his impressions at this time regarding visa demand in preference categories and predictions for the remainder of FY2013 with AILA.
This may be the final year that the so-called Bush tax cuts remain in effect, unless Congress acts to further extend them.
The U.S. Citizenship and Immigration Services have issued a new and revised Employment Eligibility Verification Form I-9.
Two recent political deals at both the state and municipal level will increase employer costs and burdens.
The first major immigration proposal in several years contains sweeping changes, with the president potentially signing a version by mid-June.
On March 26 and 27, 2013, the Supreme Court of the United States heard oral arguments in cases challenging the constitutionality of the federal Defense of Marriage Act (DOMA) and California’s Proposition 8.
On April 7, 2013, U.S. Citizenship and Immigration Services conducted the lottery process for fiscal year 2014 cap-subject H-1B petitions.
Effective January 1, 2013, the Illinois estate tax exemption increased to $4 million, with a maximum rate of 16%.
On March 4, 2013, Nasdaq issued a proposed new rule that, if approved by the Securities and Exchange Commission, will require listed companies to establish and maintain an internal audit function.
On March 8, United States Citizenship and Immigration Services (USCIS) issued a revised Form I-9, Employment Eligibility Verification, bearing an edition date of March 8, 2013, for immediate use by employers.






