On January 18, 2011, the West Virginia Supreme Court of Appeal decided State ex rel. West Virginia Citizens Action Group, et al. v. Earl Ray Tomblin, et al., Docket No. 101494. In this case, the Citizens Action Group and others were seeking an order from the court to compel Earl Ray Tomblin, et al ...
“Never a dull moment” – 2010 was an eventful year for Fair Labor Standards Act (“FLSA”) jurisprudence in the Fifth Circuit and across the country ...
In an effort to recover more than $2.5 billion, the FDIC announced earlier this month that it had authorized lawsuits against more than 100 directors and officers of failed banks. It wasted no time in showing it was serious. On January 14, 2011, the FDIC filed lawsuits against certain directors and officers of failed Integrity Bank, of Alpharetta, Georgia, and 1st Centennial Bank, of Redlands, California ...
In the wake of recent judicial decisions by the North Carolina Business Court and Eastern District Bankruptcy Court that "muddied the waters" for contractor lien rights, the North Carolina Bar Association Construction Section Lien Law Committee is drafting proposed legislation to reform North Carolina’s lien and bond laws contained in General Statutes Chapter 44A ...
The Secure and Fair Enforcement for Mortgage Licensing Act (the “SAFE” Act), enacted on July 30, 2008, mandates a federal registration system for employees of banks, credit unions and their subsidiaries who engage in the business of residential mortgage loan origination ...
Overview of the lending market 1. Please give a brief overview of the main trends and important developments in the lending market in your jurisdiction in the last 12 months. On 27 April 2010, Parliament abolished certain restrictions introduced by the Law On Amendments to certain Ukrainian laws to overcome the negative consequences of the financial crisis ...
February 20, 2011, will bring a significant additional burden for many employers using the H-1B, H-1B1 Chile/Singapore, L-1 or O-1A category to sponsor a worker. Petitioners, even those entities not typically involved with technology subject to U.S. Government export rules, will be required to make an export control compliance statement under penalty of perjury on USCIS Form I-129. The statement is to certify that the foreign employee will not be allowed access to controlled U.S ...
The Equal Employment Opportunity Commission received more than 12,000 charges in 2009 from employees claiming sexual harassment—a 6 percent increase from three years ago. Although harassment claims are on the rise, Haynes and Boone continues to secure significant sexual harassment victories for its clients, and employers overall ...
On November 9, 2010, the Equal Employment Opportunity Commission (“EEOC”) issued its much-anticipated final rule implementing Title II of the Genetic Information Nondiscrimination Act (“GINA”), which applies to all employers covered by Title VII of the Civil Rights Act of 1964 (“Title VII”), namely, employers with fifteen or more employees, as well as unions, employment agencies and labor management training programs ...
In a recent case by the Swedish Supreme Court (Sw. Högsta domstolen) (T 4904-08), the burden of proof of payments made by the debtor in relation to a negotiable promissory note was placed on the creditor.Since the borrowers had not confirmed that the debt had not been paid, the transferees were not in good faith in relation to the payment of the debt ...
As of 1 August 2010, two new pieces of legislation governing payment services came into force; the payment Services Act (Sw. Lag (2010:751) om betaltjänster) and the Act on Unauthorised Transactions with Payment Instruments (Sw. Lag (2010:738) om obehöriga transaktioner med betalningsinstrument) ...
A new Consumer Credit Act (Sw. Konsumentkreditlagen (2010:1846)) came into effect on 1 January 2011. The Act implements the Consumer Credit Directive (Directive 2008/48/EC of the European Parliament and of the Council of 23 April 2008 on credit agreements for consumers and repealing Council Directive 87/102/EEC). The Directive’s purpose is to enhance consumer protection by addressing some of the indebtedness problems caused by text message loans (Sw ...
Until now, several of the provisions of the Credit Information Act (Sw. Kreditupplysningslagen (1973:1173)) that protects the integrity of individuals were not applicable when credit information was shared on the Internet. The reason for this was that such information was protected by the Fundamental Law on Freedom of Expression (Sw. Yttrandefrihetsgrundlagen (1991:1469)) ...
1.Redundancies in Japan 1 ...
A new version of the “Development, Relief and Education for Alien Minors Act,” or DREAM Act, was filed on November 30, 2010. The DREAM Act was introduced for the first time in 2001, and has undergone many changes since its inception. The essential premise of the bill is to provide a path to lawful permanent residency for individuals who entered the U.S. as minors and do not have legal status ...
KSB partner Martin Šolc, who specializes in advisory on transactions in the field of mergers and acquisitions, has also been performing professional activities for a long time with the International Bar Association (IBA), a leading organization of international legal practitioners, bar associations and law societies, bringing together more than forty thousand attorneys and one hundred and ninety-seven chambers of attorneys on all continents ...
On April 28, 2005, the Chambre des notaires du Québec filed a petition to declare unconstitutional and of no force and effect requirements issued by the Canada Revenue Agency (CRA) under sections 231.2 and 231.7 as well as subsection 5 of section 232(1) of the Income Tax Act, R.S.C. 1985, c. 1 (5th Supp.) (ITA) to obtain documents or information prima facie protected by professional secrecy ...
The U.S. Supreme Court began its new 2010-2011 term on October 4, 2010 with a number of employment-related cases on the docket, many of which have already been orally argued, that could potentially impact employers concerning such matters as arbitration, retaliation, immigration, and employee benefits ...
Signaling a possible further relaxation of the strict in-person non-immigrant visa interview requirements, the U.S. Embassy in London has indicated that beginning in December the Visa Reissuance Program may be extended to include key business categories such as “H” and “L” and exchange visitors/students under “J” and “F.” The U.S ...
Due to the effects of the recent economic crisis, the need arose to make it easier for insolvent companies to continue their business through a restructuring. Up until now there has been the Bankruptcy Act (Konkursordnung – KO) alongside with the Composition Act (Ausgleichsordnung - AO) in Austria ...
On July 28, 2010, the Tribunal administratif du Québec (“TAQ”) confirmed a decision of the Régie des rentes du Québec (the “Régie”) which had refused to register adverse amendments(1) made to a pension plan despite the consent given to the amendments by the sole member of the plan.(2)The purpose of the amendments was, on the one hand, to replace the 2% pension benefit formula with a 1 ...
Last August 3, the Honourable Paul Mayer of the Superior Court of Québec dismissed the motion for authorization to institute a class action filed by Mr. Michel Dell’Aniello (“Dell’Aniello”) against Vivendi Canada Inc. (“Vivendi”), the succ essor of his former employer (Seagram) ...
Underscoring that PERM (Program Electronic Review Management) is a system of bright-line rules that leave little, if any, opportunity to correct errors once an application is filed, the Department of Labor (DOL) held on October 27, 2010 that the failure to include the business name on the Notice of Filing (Notice) is fatal to the entire PERM labor certification application ...
Recent Federal Circuit Decision on Section viii Carve Outs and Inducement By C. Kyle Musgrove, Partner On November 1, 2010, a divided 2-1 panel of the Federal Circuit issued a decision in AstraZeneca LP v. Apotex, Inc. that addresses inducement of infringement in the context of a Section viii "carve out" under 21 U.S.C. § 355(j)(2)(A)(viii) and 21 C.F.R. § 314.92(a)(1) ...
