Introduction: The new reality As a result of the sudden and dramatic fall in the oil price that had occurred between June 2014, when oil had been trading at prices of around US$115 per barrel of Brent crude, to January 2015 by which time it had fallen to around US$35 per barrel, I was prompted to prepare a “Guide for Contractors”. Parties in the offshore oil and gas sector, and in particular contractors in the industry, were facing turbulent and unpredictable times ...
As if businesses did not have enough to worry about during this COVID-19 pandemic, it’s times like these when cybersecurity risk is at its peak. Distracted employees may be psychologically vulnerable to attack, and shifting quickly and unexpectedly to a remote workforce can create technology and control risks. It’s a perfect storm for cyber risk ...
The British government has adopted stringent measures to reduce the spread of the novel coronavirus effective from 23 March 2020[1], including a nationwide lockdown, closure of non-essential shops and public venues and mandatory social distancing. The general rule is that people should stay at home, but workers can travel to and from work if they cannot perform their work from home[2] ...
This year has already been a busy one for seismic activity. In the first weeks of 2018 alone, there have been reports of a 7.9 magnitude quake off the shores of Kodiak, Alaska, a 6.2 magnitude temblor in Japan, and a series of tremors in California. And, few will forget the catastrophic earthquakes that struck Mexico City and the Iraq-Iran border last year ...
The COVID-19 pandemic has lasted for over four months, and there is no sign that the number of new cases will decrease soon, though many states, companies and service providers are proceeding with the re-opening of business. The unexpected downturn in the economy caused by the pandemic has adversely affected VC financing opportunities for startups ...
Download the June 2018 edition of the Haynes and Boone OSHA Newsletter PDF. No Time Limit on Look Back Period for Repeat Citations InTriumph Constr. Corp. v. Sec’y of Labor, the Second Circuit Court of Appeals upheld a look back period for a repeat violation beyond the Commission’s “general” policy of three years to determine a repeat violation. InTriumph, an employee was injured in a cave-in at an excavation site ...
Violating California's Occupational Safety and Health Act May Lead to Civil Penalties On February 8, 2018, the California Supreme Court unanimously ruled that local prosecutors could pursue civil penalties against employers for violating workplace safety standards under California's unfair competition law and fair advertising law, despite the employer's federal preemption challenges. Solus Indus. Innovations, LLC, 228 Cal. Rptr. 3d 406 (2018) ...
OSHA "Injury Tracking Website" Presents Issues as Employer Deadline for Compliance Looms On August 1, 2017, the U.S. Occupational Safety and Health Administration ("OSHA") launched the "Injury Tracking Application" for Electronic Submission of Injury and Illness Records to OSHA in an effort to comply with its electronic record-keeping rule ...
Download the November 2018 edition of the Haynes and Boone OSHA Newsletter PDF. OSHA States that Most Instances of Workplace Drug Testing are Permissible In a memorandum dated October 11, 2018, OSHA clarified its position on drug testing under 29 C.F.R. § 1904.35(b)(1)(iv) ...
OSHA requires that covered employers record certain work-related injuries and illnesses on their OSHA 300 log. Under OSHA’s recordkeeping requirements, COVID-19 is a recordable illness, and employers are responsible for recording cases of COVID-19, if all of the following are met: The case is a confirmed case of COVID-19; The case is work-related, as defined by 29 CFR 1904.5; and The case involves one or more of the general recording criteria set forth in 29 CFR 1904 ...
As employers continue to implement and maintain the current health and safety guidance to prevent the spread of COVID-19 in the workplace, they should also be mindful not to forget their other safety obligations. On June 15, 2020, the U.S. Department of Labor’s Occupational Safety and Health Administration (“OSHA”) issued a News Release specifically reminding employers that workers need to be protected from both coronavirus and common workplace hazards ...
On May 11, 2016, OSHA issued a final rule, which is slated to go into effect January 1, 2017. This requires certain employers to electronically submit information regarding workplace injuries and illnesses. As with any new rule-making by OSHA, presumably legal challenges to the rule are on the way. Nonetheless, here are the relevant new provisions. Read the full alert ...
New rules found in Internal Revenue Code sections 6221 through 6241, as amended by the Bipartisan Budget Act of 2015, govern IRS tax audits of partnerships, limited liability companies, and other entities and arrangements classified as partnerships for U.S. federal income tax purposes. The changes made by these rules will significantly impact partners in partnerships and careful attention should be paid to these rules by all partners in partnerships ...
Pemex is considering offering to the private sector up to six of its refineries to obtain some liquidity for its financial restructuring. As announced by Pemex’s CEO, José Antonio González Anaya, estimated individual transaction values may range from US$500 million to US$1.5 billion per refinery. The six refineries are currently operating at a collective, estimated annual loss of MX$100 billion (approximately US$5.8 billion) ...
On February 13, 2018, Mexico’s Federal Electricity Commission (“CFE”) announced the bidding process for its Ixtepec Potencia – Yautepec Potencia Transmission Line in Oaxaca (“Project”). The transmission lines will cross the following states: State of Mexico, Morelos, Puebla, Oaxaca, Mexico City and Veracruz. The estimated investment is US$1.7 billion and it will have a transmission capacity of 3,000 MW at a voltage level of 500 kV ...
COVID-19 and the sweeping government actions to curtail the effects of the virus have disrupted business activities across the globe, requiring businesses to carefully examine their existing contracts and in certain cases deliver important notices thereunder, such as notices of force majeure ...
On Monday, the Supreme Court issued its decision in Matal v. Tam,1 a high-profile dispute implicating NFL football, Portland dance-rock, and the Lanham Act’s disparagement clause. In its eagerly anticipated decision, the Court, voting 8-0, struck down the Lanham Act’s prohibition on disparaging trademarks as facially unconstitutional under the First Amendment ...
The recent Memorandum of Understanding (the “MOU”) between the U.S. Department of Justice (“DOJ”) and Department of Labor (“DOL”) reinvigorated the Worker Endangerment Initiative by “redoubling” the agencies’ cooperative “efforts to hold accountable those who unlawfully jeopardize workers’ health and safety,” Deputy Attorney General Sally Quillian Yates announced on December 17, 2015. An accompanying memorandum sent to all 93 U.S ...
Seemingly overnight, flights and hotels emptied, and state and local governments began ordering restaurants, gyms, bars, and other “non-essential” businesses to close or to significantly curtail operations. Unemployment skyrocketed, and businesses began calling out for relief. In response, the government has proposed multiple initiatives to help stabilize businesses hit hard by current events, especially those in the hospitality industry, many of which are also franchises ...
Businesses that open their doors to customers, guests, and other visitors during the pandemic must be vigilant, not only to keep their premises safe to those who enter, but also to avoid lawsuits by individuals who claim they contracted COVID-19 on business premises ...
President Trump signed H.R.266, the Paycheck Protection Program and Health Care Enhancement Act (the “PPP/HCE Act”) this afternoon following passage of the bill by both houses of Congress. The PPP/HCE Act provides additional funding for small business loan and grant programs administered by the Small Business Administration (“SBA”) in response to the COVID-19 pandemic ...
On June 5, 2020, President Trump signed H.R.7010, the Paycheck Protection Program Flexibility Act of 2020 (the “PPPFA”). The PPPFA modifies the Paycheck Protection Program (“PPP”) to provide additional flexibility to borrowers in using PPP loan proceeds and obtaining forgiveness for their loans by the Small Business Administration (the “SBA”) ...
On March 24, 2020, Mexico’s Ministry of Health issued preventive measures, sanctioned by the President, that must be implemented by the public and private sectors for the mitigation and control of health risks associated with the disease caused by the SARS-CoV2 virus (COVID-19) ...
In the latest development in the Sun Capital litigation, following remand by the First Circuit Court of Appeals, on March 28, 2016, the Federal District Court of Massachusetts found Sun Capital Partners III, LP and Sun Capital Partners III QP, LP (collectively, “Sun Fund III”) and Sun Capital Partners IV, LP (“Sun Fund IV,” and together with Sun Fund III, the “Sun Funds”) liable for the withdrawal liability of Scott Brass Holding Corp ...
Businesses preparing to reopen amid the coronavirus pandemic and the essential businesses that have remained open through the pandemic should make a good faith effort to implement health and safety measures recommended by the federal, state, and local authorities to protect themselves from potential premises liability claims from third-parties such as customers and other non-employees entering the premises ...
