Member Articles

Excerpt I. INTRODUCTION A. Preliminary Considerations When a U.S. client seeks help in "doing business abroad," the first task of counsel is to ask the right questions. It is important to learn enough about the extent of the client's experience and goals for doing business abroad so that the best course of action can be determined ...

On Monday, January 14, 2002, the United States Supreme Court decided 6-3 that the EEOC is not limited by an arbitration agreement signed by an individual employee, but may seek back-pay, reinstatement or damages on behalf of that employee when it litigates. The lower appellate courts had split, with the most arbitration favorable courts holding that where an arbitration agreement existed, the EEOC was limited to seeking injunctive relief ...

Enron announced in court Friday, January 11, that it had selected UBS Warburg’s bid for its wholesale commodity trading business. Many details concerning the sale remain to be resolved through the bankruptcy court process. Importantly for Haynes and Boone’s energy clients, there are many other Enron assets remaining on the auction block ...

Resignation of Two Argentine Presidents. In late December 2001, Argentina saw the rare occurrence of the resignation of two Argentine Presidents. First, Fernando de la Rúa resigned after public protests to the administration’s economic policies resulted in civil unrest. Also resigning at the same time was his Minister of Economy Domingo Cavallo ...

As employers face the uncertainties of the post 9/11 era, we issue this Alert addressing five significant issues that the terrorist attacks raise for employers: (i) discrimination claims; (ii) the Uniformed Services Employment and Reemployment Rights Act of 1994; (iii) workplace violence; (iv) background checks; and (v) security, evacuation, and safety. 1 ...

On December 27, 2001, President Bush signed the Administrative Simplification Compliance Act (the "Act") that delayed the effective date of the electronic data interchange ("EDI") requirements of HIPAA. The EDI regulations required health claim transactions transmitted electronically to be in a standard format. The Act delays the effective date of the EDI regulations until October 16, 2003 or 2004 depending upon the size of your group health plan ...

Many employers are busy planning and preparing for the HIPAA privacy regulations which become applicable on or after April 14, 2003 or 2004, depending on the size of the group health plan. In the past, many employers wrapped all welfare plans into one plan document to reduce their Form 5500 filing requirements ...