Introduction Imagine yourself as a trademark owner when domain names were first introduced. Your first thought of “it’s just a fad” quickly fades and you decide that your business needs a web site, whatever that may be. You hire an eighteen year old web designer, tell him to register two different domain names for the site, and sit back. An unexpected problem pops up ...
TABLE OF CONTENTS I. The Basic Anatomy of an Insurance Policy A. The Declarations Page B. The Insuring Agreement 1. Duty to Defend 2. Duty to Indemnify C. Definitions D. Exclusions E. Conditions F. Endorsements II. The Difference between First Party and Third Party Coverage III. Duties of the Policyholder A. Duty to Provide Notice 1. Occurrence Policies 2. “Claims Made” and “Claims Made and Reported” Policies B ...
If you are a building owner planning any renovation or demolition, under a new Texas law, you must demonstrate that you have an asbestos survey before your city will issue a building permit for the project. Asbestos surveys by licensed asbestos inspectors have been a requirement for public buildings for some time; the new statute is intended to publicize and enforce that requirement. Each city has its own requirements for what must be shown to get a permit ...
There is a multi-million dollar market segment that petroleum and energy product companies may not have considered previously -- namely sales to the U.S. Government. The principal federal government agency for the purchase and management of energy products is the Defense Energy Support Center (DESC), a part of the Defense Logistics Agency, with headquarters at Ft. Belvoir, Virginia ...
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Department of State American Citizen Services: ∙ DOS issued a Worldwide Caution on March 17 stating that the attack on worshippers at the Protestant International Church in Islamabad underlines the growing possibility that as security is increased at official U.S. facilities, terrorists and their sympathizers will seek softer targets. ∙ DOS American Citizen Services will soon begin issuing U.S. passports with new security features to those U.S ...
4th Edition of the Haynes and Boone, Employment Law Desk Reference Guide Chapter Summary The employment of foreign nationals will require a company to follow the rules and regulations of several federal agencies, including the Immigration and Naturalization Service, Department of Labor and Department of State. Employers should be versed in U.S ...
The recent media coverage of the ENRON crisis and the related Congressional investigations have combined to precipitate new discussions about the adequacy of corporate governance, accounting oversight and financial disclosures. As a result, there is a strong push afoot for new federal requirements in these areas primarily through new SEC regulations. We are again reminded that “bad facts make for bad law” and a crisis often leads to over reactions ...
The Occupational Safety and Health Administration’s (“OSHA”) new recordkeeping regulations became effective on January 1, 2002. OSHA, however, has agreed to refrain from enforcing the regulations during the first 120 days of the rule, or until May 1, 2002 ...
IRS SUSPENDS 5500 FILING REQUIREMENTS FOR CAFETERIA PLANS, EDUCATIONAL ASSISTANCE PLANS, AND ADOPTION ASSISTANCE PLANS The Internal Revenue Service announced, in Notice 2002-24, that plan sponsors of cafeteria plans, educational assistance plans, and adoption assistance plans are excused indefinitely from the requirement to file Schedule F to Form 5500 for such plans. Thus, an employer whose health plan would not require the filing of a Form 5500 (e.g ...
Introduction A. Changes Since September 11. The events of September 11 have brought about an unprecedented surge of change in laws and regulations related to international trade and other aspects of global business. Companies would be well-advised to update and upgrade their trade compliance, internal monitoring and management systems to accommodate the changes that have already occurred and those yet to come. The U.S ...
Introduction Today--more than ever--corporate management is under attack. In the wake of the Enron debacle, corporate decisions are more carefully scrutinized, and the conduct of the company’s directors and officers are now constantly under the watchful eyes of investors, creditors, and government regulators ...
Department of State: ∙ DOS issued public announcements for Peru, Nepal, and the Philippines alerting U.S. citizens to the general security environment, the continued potential for violence, and the possibility of terrorist activity directed at American interests in the regions. ∙ DOS issued a travel warning for Israel, the West Bank, and Gaza due to deteriorating security situations ...
Introduction A trip across the Mexican border is often a pleasurable experience. The ability to do business in Mexico has also become a profitable experience for many businesses. Increasingly, however, many United States and Canadian businesses doing business in Mexico are finding their venture into Mexico to be less a bus ride to a sunny beach and more a trip on a windy mountain road ...
On April 29, 2002, the United States Supreme Court decided that the Americans with Disabilities Act ("ADA") does not require non-union employers to make an exception to their seniority system as a reasonable accommodation for a disabled employee. US Airways, Inc. v. Barnett, No. 00-1250 (April 29, 2002). This is the latest in a series of Supreme Court decisions narrowing the reach of the ADA ...
Federal Court Practice 2002 - State Bar of Texas Introduction This article provides an overview of the most commonly used rules under the Federal Rules of Civil Procedure relating to service of process, federal pleading practice and extraordinary remedies. Because it is an overview, this article is not a good substitute for studying the Federal Rules and the various Local Rules issued by the district courts ...
1. APPLICATIONS FOR THE MACT HAMMER PERMIT DUE MAY 15, 2002 Section 112(j) of the federal Clean Air Act requires that major sources of hazardous air pollutants (HAP) submit an application for a Title V Operating Permit Revision if the source is a member of a source category for which the federal Environmental Protection Agency (EPA) has not adopted a Maximum Achievable Control Technology (MACT) standard within 18 months after the deadline for development of that standard ...
A Powerpoint presentation analyzing the actions of Enron's board of directors and audit committee and the impacts of this on corporate governance today ...
American Bar Association Section of Taxation - May Meeting This paper summarizes the HIPAA privacy regulations as modified by the March 27, 2002 proposed modifications. It particularly looks at the responsibilities of a group health plan and its plan sponsor under the regulations ...
To Our Public Company Clients: Partly in response to the recent Enron crisis and related media publicity, the Securities and Exchange Commission has announced its views regarding disclosure that should be considered by companies in the Management’s Discussion and Analysis (“MD&A”) section of Form 10-K, Form 10-Q, and registration statements filed with the SEC ...
University of Houston Law Foundation 2002 Oil and Gas Short Course Introduction The proposal for and conduct of operations are the primary souce of disagreement and litigation under AAPL Model Form Operating Agreement Form 610. This Model Form Operating Agreement has been in use in sustantially the same form since the first Form 610-1956 ...
This paper focuses on the securities laws applicable to an acquisition by a U.S. company of a Canadian company (“Canadian Company” or “Target”). We will focus primarily on negotiated acquisitions of publicly traded Canadian Companies. Such cross-border business combinations are subject to regulation under U.S. federal and state securities laws, as well as the securities laws of the Canadian provinces ...
Department of State: * DOS Visa Revalidation Unit is rejecting cases subject to the 30-day “Condor” security check. Certain responses on the supplemental visa application Form DS-157 trigger the 30-day “Condor” security check. Applicants receiving rejections for this reason must apply for the visa outside of the U.S. and will be subject to the 30-day “Condor” security check. Due to security issues, the DOS cannot divulge the basis for “Condor” triggering responses ...
University of Texas Oil, Gas and Mineral Law Institute Introduction This paper does not cover pooling from A to Z. If you are interested in a more basic treatment of pooling, see Smith and Weaver, "Texas Law of Oil and Gas," Lexis 2000, Section §4.8. Rather, this paper will first examine selected recent cases, which to some extent involved exercise of the pooling authority under the oil and gas lease ...
Earlier today, the Texas Supreme Court gave a green light to company required arbitration programs. In Re Halliburton Company And Brown & Root Energy Services, No. 00-1206 (Tex. May 30th, 2002). The underlying case arose when both the district court and court of appeals refused to order a case brought under the Texas Commission on Human Rights Act to arbitration ...
