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Interim Relief Prior to Starting Arbitrations Under the Federal Arbitration Law: A Note on Recent Experiences
Afridi & Angell, February 2020

Afridi & Angell was recently successful in obtaining interim orders from the Dubai Courts attaching bank guarantees pending commencement of arbitration proceedings. The first matter involved two guarantees issued as performance bonds in two separate construction contracts, both which contained an arbitration clause under the Dubai International Arbitration Centre (DIAC) Rules...

Ohio Supreme Court Finds Sale of LLC Interests May Be Real Estate Value for Tax Increase Complaints
Dinsmore & Shohl LLP, February 2020

On Feb. 6, 2020, the Ohio Supreme Court affirmed a decision of the Ohio Board of Tax Appeals (“BTA”), finding the sale price of interests in a limited liability company (“LLC”) was the best evidence of the true value of the LLC’s real property for tax purposes. In Columbus City Schools Bd. of Edn. v. Franklin Cty. Bd. of Revision, Slip Opinion No...

What is RICO?
Dinsmore & Shohl LLP, February 2020

In light of ongoing litigation between General Motors and Fiat Chrysler, Dinsmore partner Mark Carter wrote an article for Automotive News explaining the basics of RICO actions: "Any person injured in his or her business or property by a pattern of racketeering activity may have standing to seek relief pursuant to the Organized Crime Control Act of 1970...

Are Co-Living Spaces Here to Stay?
TSMP Law Corporation, February 2020

The sharing economy enters the home as rising property prices drive nomadic millennial singletons to seek an alternative to the inflexible rented apartment.An impromptu foosball game with your neighbour while waiting for the laundry. Cooking classes in a communal Masterchef-inspired kitchen. Movie screenings, board game nights, and in-house yoga and meditation sessions. These are but some of the activities to look forward to if you take up quarters in a co-living facility...

The New DIFC Leasing Law
Afridi & Angell, February 2020

On 11 January 2020 a new leasing law was introduced in the Dubai International Financial Centre, Law 1 of 2020 (the New Law); and on 14 January 2020 the associated regulations were issued (the Regulations).The New Law and Regulations are an important development for the DIFC. We expect that they will have a positive impact on the real estate market...

Revisiting and Resisting Freezing Orders in the BVI
O'Neal Webster, January 2020

Freezing orders are one of the most important weapons inacourt’s arsenal to prevent parties from disposing of or dissipating assetsto ensure they will be available to satisfy a potential future money judgment. In the British Virgin Islands, the court is empowered to grant a freezing order under the provisions of the Eastern Caribbean Supreme Court and the Civil Procedure Rules...

ACA Litigation Update – Supreme Court Declines to Fast Track Review of Fifth Circuit ACA Decision
Dinsmore & Shohl LLP, January 2020

On Dec. 18, 2019, the Fifth Circuit in Texas, et al. v. United States, et al. declared the Affordable Care Act’s1 (ACA’s) individual mandate unconstitutional. This decision is contrary to the controlling precedent established by the United States Supreme Court in NFIB v. Sebelius2, which upheld the ACA’s individual mandate as a permissible tax...

Federal Court Strikes Down HIPAA Fee Limitations for Third-Party Medical Records Requests
Dinsmore & Shohl LLP, January 2020

On Jan. 29, 2020, OCR released a notice regarding a recent federal court ruling in the case of Ciox Health, LLC v. Azar, et al...

KPPU Regulation No. 4 of 2019
Makarim & Taira S., January 2020

The Indonesian competition authority, the Indonesian Commission for the Supervision of Business Competition (the “KPPU”) issued Regulation No.4 of 2019 on the Procedures for the Supervision and Handling of Partnership Cases (“Reg 4/2019”). This regulation replaces No.1 of 2015 on the Procedure for the Supervision of Partnerships, as amended, and Regulation No.1 of 2017 on the Procedures for Handling Partnership Cases, as amended (“Old Regulation”)...

Recent changes to Ukrainian legislation regulating construction industry
Asters, January 2020

In the final 3 months of 2019, the Verkhovna Rada of Ukraine adopted a great number of changes to construction laws. The following Ukrainian laws, among others, saw some significant changes: 1) "On Architectural Activities" No. 687-XIV dated 20 May 1999...

2020 Predictions: What’s on the Horizon for Construction?
Shoosmiths LLP, January 2020

  With the UK currently due to leave the EU at the end of this month, Brexit may cause the construction industry a continuing period of uncertainty in 2020 but the government’s agenda may also provide increased opportunities. We look ahead at what this year may have in store. Brexit The top priority for the government is delivering the UK’s departure from the EU on 31 January. How Brexit will affect the construction industry remains open to speculation...

Reading the Tea Leaves for 2020
TSMP Law Corporation, January 2020

Oh what a year it has been. 2019 has been a rollercoaster ride: Trump accelerates and then suddenly slams on the brakes on his tit-for-tat trade war with China. Hong Kong, hitherto the paradigm of pragmatism, lies smouldering as months of pro-democracy protests see no end. A Swedish girl (celebrating her 17th birthday just last Friday) becomes the unlikely face of environmentalism, shaming Boomers for doing nothing about climate change in front of the UN...

OCR Announces Recent Enforcement Actions and Settlements for HIPAA Noncompliance
Dinsmore & Shohl LLP, January 2020

The Department of Health and Human Services (HHS), Office for Civil Rights (OCR) has announced several recent enforcement actions and settlements for violations of Health Insurance Portability and Accountability Act (HIPAA) rules. Ambulance Company Pays $65,000 to Settle Allegations of Long-Standing HIPAA Noncompliance On Dec. 30, 2019, West Georgia Ambulance, Inc...

NLRB Returns to Historic Standard for Arbitral Deference
Dinsmore & Shohl LLP, January 2020

On Dec. 23, 2019, in a unanimous decision in United Parcel Service, Inc.1, the National Labor Relations Board returned to its historic standards for arbitral deference.2 The decision expressly overrules the Board’s 2014 decision in Babcock & Wilcox Construction Co., Inc...

NLRB Permits Employers to Restrict Employee Access to Company E-mail
Dinsmore & Shohl LLP, December 2019

On December 16, 2019, in Caesars Entertainment d/b/a Rio All-Suites Hotel and Casino, the National Labor Relations Board (Board) returned to the standard outlined in Register Guard, which announced that employees have no statutory right to use employer equipment, including IT equipment, for activity protected under Section 7 of the National Labor Relations Act.1 The decision expressly overrules the Board’s decision in Purple Communications, Inc...

NLRB Presumes Confidentiality of Investigative Reports is Lawful
Dinsmore & Shohl LLP, December 2019

In a long-anticipated decision on Dec. 16, 2019, the National Labor Relations Board (NLRB or Board) scuttled a 2015 agency decision that presumptively prohibited employers from requiring confidentiality of investigative reports.   In Apogee Retail, 368 NLRB No. 144 (2019), the NLRB returned to its previous standard that presumes the legality of the maintenance of work rules requiring confidentiality of investigative interviews between an employer and employee...

Insurance Requirements: Tips to Navigate Insurance on Projects
Bradley Arant Boult Cummings, LLP, December 2019

  In the modern era, most construction contracts incorporate insurance requirements as a primary means to address the risk of unexpected occurrences that are inherent to the construction industry. Some insurance, like workers’ compensation coverage, may be required by law. Other insurance coverage may be required by a lender or other financing party in order to close on the construction loan for a project...

Final Opportunity Zone Regulations Released
Hanson Bridgett LLP, December 2019

On December 19, 2019, the U.S. Treasury Department and the IRS issued final regulations (T.D. 9889), which provide much-anticipated guidance on tax-favored qualified opportunity zone investments. The 544-page regulation package generally retains the same approach and structure of the proposed regulations issued in October 2018 and April 2019 (prior Hanson Bridgett analysis available)...

NLRB Restores Longstanding Dues Checkoff Rule
Dinsmore & Shohl LLP, December 2019

The National Labor Relations Board (NLRB), in Valley Hospital Medical Center, 368 N.L.R.B. 139 (Dec. 16, 2019), ruled an employer’s obligation to check off union dues expires along with the underlying collective bargaining agreement. This overrules a 2015 board decision and reestablishes a longstanding rule first articulated in 1962. Reasoning Employers and unions must negotiate in good faith over workers’ terms and conditions of employment...

Legal Update - Aviation Law
Fischer Behar Chen Well Orion & Co., December 2019

Small Claims Appeal Application (District Court, Tel Aviv) 56432-07-17 Iberia Airlines v. Fleisher Peled et al. The District Court in Tel Aviv-Yafo with an expanded three judge panel, rejected Iberia Airlines' appeal in the matter 56432-07-17 Iberia Airlines v. Fleisher Peled et al...

The Use of Experts in the UAE Municipal Courts: Seven Things you Need to Know
Afridi & Angell, December 2019

1. There is a high possibility that you will have to present your case to an expert: Although the appointment of experts is more likely in disputes involving technical issues (e.g. maritime disputes, construction disputes, etc.), it is increasingly common for the UAE courts to refer disputes which, on the face of it do not require expert assistance, to experts. The courts have the power to do so in terms of Article 69 of the Federal Evidence Law (No...

The Ministry of Public Works & Housing Revokes The Regulation on Guidelines on Licensing Services for Foreign Construction Business Entities
Makarim & Taira S., December 2019

As part of President Jokowi Widodo’s plan to issue “investment friendly” regulations, the Ministry of Public Works and Housing (“MPW”) revoked MPW Regulation No. 09/PRT/M/2019 on Guidelines on Licensing Services for Foreign Construction Business Entities (“MPW Reg 9/2019”) on 18 November 2019 under MPW Regulation 17/PRT/M/2019 (“MPW Reg 17/2019”)...

9th Circuit Skeptical of Government Interlocutory Appeal of Unprecedented Denial of Motion to Dismiss Qui Tam Case
Dinsmore & Shohl LLP, December 2019

In United States v. United States ex rel. Thrower, No. 18-16408, on November 14, a panel of the Ninth Circuit gave a skeptical reception to the Department of Justice (DOJ) argument that the district court’s denial of the government’s motion to dismiss a False Claims Act (FCA) qui tam complaint against Academy Mortgage Corporation (Academy) invaded the government’s “prosecutorial discretion...

Disgorgement: A Longstanding SEC Weapon, Now Under Attack
Hanson Bridgett LLP, December 2019

On November 1, 2019, the Supreme Court granted certiorari in Liu v. Securities Exchange Commission, No. 18-1501. The Court will decide whether the Securities Exchange Commission (SEC) may seek and obtain disgorgement from a defendant as equitable relief for a securities law violation. The outcome will have widespread implications for corporate and securities lawyers...

Hold My Beer: Browns get Doused with Lawsuit in Mistaken Identity Case
Waller, November 2019

On Sunday, September 8, 2019, the Cleveland Browns hosted the Tennessee Titans for the first game of their 2019 season. The game did not go well for the Browns that day. They lost badly to the Titans - 43 to 13. During the fourth quarter, Browns quarterback Baker Mayfield threw an interception that was run back for a “pick six” by Titans player Malcolm Butler. Butler jumped into the stands to celebrate, and Titans cornerback Logan Ryan joined him...

 

 

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