by Andrew B. McCallister, as published in IOGA of West Virginia newsletter, November 2010Over the past two years the Environmental and Safety Committee has spent considerable time monitoring and advocating IOGA members’ interests with respect to various state and federal efforts to create new regulations or modify existing regulations of oil and gas development activities ...
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 ...
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) ...
The new filing fees announced by the United States Citizenship and Immigration Service (USCIS) earlier this year will go into effect on November 23, 2010. Anticipating these changes, which include fee increases and reductions, is important not only to budget planning for sponsors but also for ensuring that your petition is not rejected by the USCIS mailroom as “improperly filed ...
by Peter R. RichCompanies seeking business in the heart of the Marcellus Shale natural gas reserves will find a skilled and experienced workforce. However, as any business owner knows, mistakes made in the hiring process can be costly. With that in mind, we offer the following comments on five specific aspects of Pennsylvania and West Virginia law that are applicable to hiring ...
The Obama-appointed NLRB has now issued its first significant batch of decisions1 serving notice, as is typical in the transition from one administration to the next, of a shift in the interpretation of the labor laws. The decisions include a new standard regarding secondary boycotts and union bannering; potential reconsideration of prior precedent; and a differing application of the law to facts than the predecessor NLRB ...
Coast Mountain Bus Company Ltd. v. National Automobile, Aerospace, Transportation and General Workers of Canada (CAW-Canada), Local 111, 2010 BCCA 447 (B.C.C.A.) In a recent case, the British Columbia Court of Appeal found that Coast Mountain Bus Company’s attendance management program discriminated against employees with disabilities and was not justified on the basis of bona fide occupational requirements ...
Before heading into the pre-election recess, the Senate passed the Veterans’ Benefits Act of 2010 on September 28, 2010. See H.R. 3219, 111th Cong. (2d Sess. 2010). The Act, which passed in the House over one year ago, is a compromise measure between the House and the Senate and encompasses several veterans’ benefits bills. Of notable importance to employers is the Act’s expansion of employee protection under the Uniformed Services Employment and Reemployment Rights Act (“USERRA”) ...
On August 27, 2010, the National Labor Relations Board (the “Board”) issued its long-awaited decision in United Brotherhood of Carpenters and Joiners of America, Local Union No. 1506, 355 NLRB No. 159 (2010) – a case that had been pending before the Board since March 2004 - holding that bannering at a secondary employer’s place of business was not an unfair labor practice. The Facts Four non-union employers, Eliason & Knuth, Delta/United Specialties, Enterprise Interiors, Inc ...
Spotlight on Corporate Governance One of the impacts of the global financial crisis on the United Arab Emirates (UAE) has been an increased spotlight on corporate governance standards in the UAE. The Ministry of Economy published Ministerial Resolution No. 518 of 2009 (MR 518) which provides for enhanced corporate governance rules and discipline standards for UAE Public Joint Stock Companies (PJSC) ...
The TCEQ will hold an informational meeting today (August 31) from 9:30 A.M. until 3:00 P.M. (CST) to discuss the proposed changes to the air quality permit by rule and standard permit for oil and gas production facilities. TCEQ has proposed significant changes to both of these expedited air quality permitting authorizations that will make it more difficult to qualify for, and more complicated to comply with, the authorization ...
Dear Sirs, We would like to inform you that Federal law “On amendments to Code of administrative offences of the Russian Federation and the Federal law «On industrial safety of dangerous production facilities» dated July 23, 2010 N 171-FZ will come into force on January 1, 2011 (hereinafter – the Law) ...
The public dispute between EPA and the Texas Commission on Environmental Quality (TCEQ) over air quality issues continues to intensify. The latest salvo is a strongly worded letter from the state of Texas to EPA on the issue of air quality permitting of greenhouse gases ...
Can the parties to an individual employment contract include a clause stipulating that the employee must reimburse his training costs to the employer if he resigns?Upon hiring and throughout the course of employment, employers often require employees to receive training. There are various reasons why employers want their employees to undergo training sessions, such as for safety purposes, special functions, technological changes, requirements of a supplier, etc ...
As Secretary of Labor Hilda Solis informed a convention of safety engineers last year, “Make no mistake about it: The Department of Labor is back in the enforcement business.” In 2010, current OSHA enforcement statistics confirm this promise and reveal unprecedented levels of enforcement ...
Despite entering into arbitration agreements with their employees, employers all too often find themselves in court adverse to the very employees who have signed an arbitration agreement. The U.S. Supreme Court recently issued three arbitration decisions that have important implications for employers seeking to avoid the inside of a courtroom. First, in Stolt-Nielsen S.A. v. AnimalFeeds International Corp ...
As most Latin American countries have begun or begin to celebrate their 200 years of independence, it is time not to look back but also to look ahead. This statement could not have been more suitable to what environmental law practice is experiencing in Latin America nowadays: a rapid growth and sophistication. Those days when no specialised authorities or statutes existed for the protection of the environment have been left far behind ...
Subject 2010 – Country LatinLawyer Reference LATIN LAWYER THE BUSINESS LAW RESOURCE FOR LATIN AMERICA Reference Environment 2010 – Introduction Rafael Vergara and Paulina Sandoval Carey & Cía As most Latin American countries have begun or begin to celebrate their 200 years of independence, it is time not only to look back but also to look ahead ...
