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Hanson Bridgett LLP | January 2020

This article updates information published in "Is Your Online Business Accessible To Persons With Disabilities?" In 2018, practitioners scouring nationwide federal court records identified more than 2,250 lawsuits filed alleging website inaccessibility under Titles II and III of the Americans with Disabilities Act (ADA)1 ...

Makarim & Taira S. | January 2020

On 12 December 2019, the new Minister of State Owned Enterprises, Erick Thohir, issued new Ministry of State Owned Enterprises Regulation No. PER-08/MBU/12/2019 on General Guidelines on the Implementation by State Owned Enterprises of the Procurement of Goods and Services (“MSOE Reg 8/2019”), which came into force on 16 December 2019. This regulation replaces the previous regulation, MSOE Regulation No. PER-05/ MBU/2008 as amended by MSOE Regulation No ...

As you know, the 2020 Regular Session of the West Virginia Legislature commenced on January 8. As of this writing, the House has introduced 903 bills, while the Senate has introduced 467. We will be reporting on and tracking the progress of significant legislation during the course of the Session. During the legislative process, certain critical deadlines are imposed by the Legislature that impact the consideration of pending bills and their chances of success ...

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 ...

Dinsmore & Shohl LLP | January 2020

Why is H-1B Filing Season Important? This is the only time of year (with minor exceptions indicated below) U.S. Citizenship and Immigration Services (USCIS) accepts H-1B specialty worker petitions for the next fiscal year, which begins Oct. 1, 2020 ...

Dinsmore & Shohl LLP | January 2020

On Jan. 8, 2020, the Centers for Medicare and Medicaid Services (CMS) published an informational bulletin titled “Best Practices for Avoiding 340B Duplicate Discounts in Medicaid.”[1] The bulletin outlines seven regulatory strategies State Medicaid agencies may consider when developing policies for preventing the occurrence of duplicate discounts in Medicaid Fee-for-Services (FFS) and Medicaid Managed Care Organization (MCO) programs ...

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 ...

Dinsmore & Shohl LLP | January 2020

The 2019 proxy season marked a year of continued changing voting behavior. Though patterns and trends of the past season do not seem to indicate changes beyond marginal impact, the 2019 season can serve to set expectations for the 2020 proxy season ...

Dinsmore & Shohl LLP | January 2020

New California laws could make it more difficult for employers to enforce employment arbitration agreements and now prohibit “no rehire” language in settlement agreements involving employment disputes.  Arbitration Agreements The enforceability of employment arbitration agreements has long been under attack in California ...

Dinsmore & Shohl LLP | January 2020

With the New Year, California rings in a lot of legislative changes, including a new standard for evaluating independent contractor classifications.  Here is what you need to know: Independent Contractors Effective Jan. 1, 2020, Assembly Bill 5 (AB-5) became law in California by adding section 2750.3 to the Labor Code.  AB-5 is the legislative response to the California Supreme Court decision in Dynamex v ...

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 ...

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 ...

Vouga Abogados | January 2020

As part of Paraguay's commitment to the International Financial Action Task Force of Latin America (GAFILAT), in November 2019, the Executive Power enacted Law No. 6446 that creates a “General Directorate of People and Legal Structures and Final Beneficiaries ” Under the Ministry of Finance (hereinafter the Law), which will have the following functions:  Acting as the authority of application, replacing the Treasury Law, of Law No ...

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 ...

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 ...

Dinsmore & Shohl LLP | December 2019

In November 2019, the Trump administration issued unified agenda of regulatory and deregulatory actions. Within the United States Department of Labor, the Mine Safety and Health Administration (“MSHA”) issued six notices – two in the prerule stage, three in the proposed rule stage, and one in the final rule stage. All of these actions are discussed in further detail below ...

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 ...

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 ...

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) ...

Makarim & Taira S. | December 2019

Following the discourse of the upcoming omnibus law, the government recently announced that it will submit omnibus draft bills on job creation (“Omnibus Law on Job Creation”) and taxation (“Omnibus Law on Taxation”) to the House of Representatives soon.Omnibus law has become an emerging issue ever since it was mentioned during the President’s inauguration speech on 20 October 2019 ...

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 ...

FISCHER (FBC & 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 ...

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 ...

Makarim & Taira S. | December 2019

According to the World Bank’s 2019 Doing Business index, Indonesia sits in 73rd position overall out of 190 countries in terms of ease of doing business. President Joko Widodo has set as a target increasing Indonesia’s ranking to 40th position. To boost investment and ease of doing business in Indonesia, in his inauguration speech on 20 October 2019, President Joko Widodo introduced the idea of enacting an Omnibus Law ...

Dinsmore & Shohl LLP | December 2019

On Dec. 3, 2019, the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation (FDIC), the Financial Crimes Enforcement Network (FinCEN) and the Office of the Comptroller of Currency (OCC) in conjunction with the Conference of State Bank Supervisors (CSBS) issued a joint statement entitled “Providing Financial Services to Customers Engaged in Hemp-Related Businesses ...

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