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Lorman Legal Newsletter



Free monthly email newsletter providing updates on current issues in the legal industry. This legal newsletter includes articles on recent laws, trends, and regulations in the accounting and tax industry written by leading experts from around the country.



Last Build Date: Fri, 22 Sep 2017 11:30:02 GMT

 



"Business Interruption Claims" and the Recent Gulf of Mexico Oil Spill

Mon, 7 Jun 2010 15:00:00 GMT

Author: Kathleen M. Bonczyk, Esq.
Organization: Rubinton & Laufer, LLC

On April 20, 2010, an explosion on the mobile drilling rig Deepwater Horizon occurred some 130 miles southeast of New Orleans, Louisiana.  As of May 23, 2010, it is estimated that a minimum of 6 million gallons of crude oil have spilled into the Gulf of Mexico as a result of this incident.  However, a growing number of scientists assert that they believe the count is even higher than that troublesome figure.



Supreme Court Clarifies Treatment of Joint Ventures Under Antitrust Law

Mon, 7 Jun 2010 15:00:00 GMT

Author: Alexander M. McIntyre, Jr.
Organization: Baker Donelson

The Supreme Court recently released its unanimous opinion in American Needle, Inc. v. National Football League, 560 U.S.___ (2010), 2010 WL 2025207 (American Needle), its latest foray in the area of competitor collaboration under the antitrust laws (and specifically Section 1 of the Sherman Act, 15 U.S.C. § 1). In American Needle, the 32 member teams of the National Football League formed National Football League Properties (NFLP) to develop, license and market their intellectual property



Court Issues Ruling In Firefighter Applicant Disparate Impact Case

Mon, 7 Jun 2010 15:00:00 GMT

Organization: Ogletree, Deakins, Nash, Smoak, & Stewart, P.C.

This morning, with Justice Antonin Scalia writing a unanimous opinion, the U.S. Supreme Court ruled in a case brought by a group of African-American firefighter applicants who alleged that the city of Chicago's applicant selection process had a disparate impact on African-Americans in violation of Title VII of the Civil Rights Act of 1964.



Supreme Court to Consider Wheather Federal Arbitration Act Preempts State Law Limitations on Arbitration Agreements

Mon, 7 Jun 2010 15:00:00 GMT

Author: Lewis S. Wiener, B. Knox Dobbins, Gail L. Westover, Wilson G. Barmeyer, Brendan Ballard and Hannah Campbell
Organization: Sutherland Asbill & Brennan LLP

On May 24, 2010, the U.S. Supreme Court granted certiorari in Mobility LLC v. Concepcion, No. 09-893, to address the question of whether the Federal Arbitration Act (FAA) preempts state law rules limiting the enforceability of arbitration agreements. In Concepcion, the Supreme Court will consider whether the FAA preempts California state court decisions that class action waivers are unconscionable in consumer arbitration agreements as a matter of public policy



Defense of Mariage Act Ruling 2013

Mon, 7 Jun 2010 15:00:00 GMT

Organization: Lorman Education Services

On June 26, 2013, the Defense of Marriage Act, which is the law barring the federal government from recognizing same-sex marriages legalized by the states, is voted 5-4 from the Supreme Court as unconstitutional,



Maintaining Your Continuing Legal Education Credits

Mon, 7 Jun 2010 15:00:00 GMT

Organization: Lorman Education Services




What You Need to Tell Police Officer Clients: The Top 10 Keys to Avoiding Liability

Mon, 7 Jun 2010 15:00:00 GMT

Author: John F. Kautzman
Organization: Ruckelshaus Kautzman Blackwell Bemis & Hasbrook

   



The Impact of Social Media and the Healthcare Industry[INFOGRAPHIC]

Mon, 7 Jun 2010 15:00:00 GMT

Organization: Lorman Education Services




The Use of Social Media in Schools

Mon, 7 Jun 2010 15:00:00 GMT

Organization: Lorman Education Services




Overview of the Nature and Use of Certificates of Insurance

Mon, 7 Jun 2010 15:00:00 GMT

Organization: Lorman Education Services




Entering the Mexican Market: Risk Mitigation Issues

Mon, 7 Jun 2010 15:00:00 GMT

Organization: Lorman Education Services




Using Key Risk Indicators to Prevent Emerging Threats

Mon, 7 Jun 2010 15:00:00 GMT

Organization: Lorman Education Services




Basics of Unemployment Litigation – How to Appeal a Decision or Determination

Mon, 7 Jun 2010 15:00:00 GMT

Author: Lisa Jo Fanelli-Greer
Organization: Law Office of Lisa Jo Fanelli-Greer, PC




Rules of Trust Administration: Your Client Passed Away, Now What?

Mon, 7 Jun 2010 15:00:00 GMT

Author: R. Gordon Baker, Jr.
Organization: R. Gordon Baker, Jr., Atty. at Law. P.C.




Implementing a Records Management Program: Overview of Document Lifecycle Management

Mon, 7 Jun 2010 15:00:00 GMT

Author: Michael Dailey
Organization: Recordsforce, Inc




Records Management Programs: Information – Asset or Liability?

Mon, 7 Jun 2010 15:00:00 GMT

Author: Michael Dailey
Organization: Recordsforce, Inc




What is “Document Lifecycle Management”?

Mon, 7 Jun 2010 15:00:00 GMT

Author: Michael Dailey
Organization: Recordsforce, Inc




Work flow of Document Lifecycle Management

Mon, 7 Jun 2010 15:00:00 GMT

Author: Michael Dailey
Organization: Recordsforce, Inc




Implementing a Records Management Program: Beginning

Mon, 7 Jun 2010 15:00:00 GMT

Author: Michael Dailey
Organization: Recordsforce, Inc




Georgia Patient Records Law

Mon, 7 Jun 2010 15:00:00 GMT

Author: Diane M Janulis
Organization: Diane M Janulis




Landlord and Tenant Law in Washington: Ten Steps to a Successful Eviction

Mon, 7 Jun 2010 15:00:00 GMT

Author: Evan L. Loeffler
Organization: Evan L. Loeffler




Landlord and Tenant Due Diligence

Mon, 7 Jun 2010 15:00:00 GMT

Author: Kelly C. Spicher
Organization: Foley & Lardner LLP




9 Ways to Increase Comments on Social Media

Mon, 7 Jun 2010 15:00:00 GMT

Organization: Lorman Education Services




Effective Daubert Motions

Mon, 7 Jun 2010 15:00:00 GMT

Author: Donald E. Frechette
Organization: Edwards Wildman Palmer LLC

In 1993, the Supreme Court decided Daubert v. Merrell Dow Pharmaceuticals, Inc. and held that, in order to be admitted into evidence, expert testimony must be demonstrably reliable.  Lawyers now routinely file pretrial motions to preclude the other side's expert from testifying.  At a minimum, mounting an effective Daubert challenge should include consideration of the following:



CAN ASKING FOR A DELAY HURT YOUR CLIENT’S CASE?

Mon, 7 Jun 2010 15:00:00 GMT

Author: Matthew A. Radefeld, Esq.
Organization: Frank, Juengel & Radefeld, Attorneys at Law P.C.

Often when representing a criminal defendant there will be the inevitable decision to announce ready for trial or a plea of guilty.  Depending on the path your client wants you to guide them down - a delay in the case can often be strategically beneficial. Swift justice is not always the best justice for a criminal defendant.  Delaying a trial date may be helpful in those situations where a witness' memory and their recantation of events will be the pivotal factor in a jury's determination of guilt or innocence.  Longer the duration between the initial witness' statement, their deposition, suppression hearing and then trial testimony- the better it may be for the accused's case.  The hope being that the length of time between these recorded statements will breed inconsistencies that can be used at trial for impeachment purposes.



What are the Most Common Allegations Towards Nurses?

Mon, 7 Jun 2010 15:00:00 GMT

Author: Matthew P. Keris
Organization: Marshall Dennehey Warner Coleman & Goggin

Of the top three most common allegations towards nurses in medical professional liability claims, two deal with charting.  The first related to documentation is that in the absence of documentation regarding treatment, the treatment did not occur.  The second criticism centers on the timing of the chart entries and that if an entry is late, the nurse is accused of documenting self-serving care.  The third most common allegation deals with "chain of command" issues in that the nurse should have second-guessed the care rendered by physicians in a hospital setting and have someone intervene on the patient's behalf.



HOW TO PROTECT THE SBA LOAN GUARANTY

Mon, 7 Jun 2010 15:00:00 GMT

Author: Jonathan E. Raulston
Organization: ENGEL, HAIRSTON & JOHANSON, P.C.

So you've made a loan under the SBA 7(a) guaranteed loan program (Good for you, it's a great program for both borrowers and lenders) and you want to make sure that if the loan goes bad, you can actually recover the 75-85% promised by SBA.  What can you do? Make sure your closing documents comply with the requirements and provisions set forth in your Loan Authorization.  Required certifications and disclosures need to be included, preferably verbatim. Make sure your security interests are properly perfected.  Mortgages and UCC financings statements recorded in the proper office.  Sounds simple, but mistakes can have huge consequences!



The Trial Notebook

Mon, 7 Jun 2010 15:00:00 GMT

Author: Kathey Mehle
Organization: Law Offices of Ian Mattoch

The trial notebook is probably the most useful tool a paralegal can prepare for the assigned attorney on a case.  The preparation stages should begin in the beginning of the case, not the last few weeks before trial.  The sections in the trial book can vary, but should contain a "nutshell" of the case.   Listed below are some good starters:



GUIDELINES FOR FILING A SUSPICIOUS ACTIVITY REPORT

Mon, 7 Jun 2010 15:00:00 GMT

Author: Katharine F. Musso
Organization: Jones Walker LLP

The Financial Crimes Enforcement Network (FinCEN) issued a "SAR Stats Technical Bulletin" in July 2014.  SAR Stats provides an overview of suspicious activity reporting by financial institutions between March 2012 and December 2013. FinCEN reviewed 1,369,529 SAR's during the study time period.  It noted that one of the most valuable portions of a SAR is the descriptive narrative entry related to a category of illegal activity.  In choosing the field "Other" rather than one of the pre-populated categories of illicit activities, law enforcement hopes filers will identify newly emerging trends in crime. 



What should you do Before a Commercial Foreclosure?

Mon, 7 Jun 2010 15:00:00 GMT

Author: Emily J. Norgaard
Organization: Lorman Education Services

Pre-Foreclosure Preliminary Considerations Lender's ability to foreclose, own and operate property Bring action to put pressure on Borrower



Avoiding Sanctions Over Duty to Preserve Evidence

Mon, 10 May 2010 15:00:00 GMT

Author: Michael L. Chartan and Brian J. Markowitz
Organization: Duane Morris LLP

In late 2009 a federal District Court sitting in Orlando, Fla., sent shockwaves through the in-house general counsel world. The case, Swofford v. Eslinger,1 is the first reported case to sanction in-house counsel for spoliation of electronic evidence.



Supreme Court Rules Against Inference of Class Arbitration in "Silent" Contracts

Mon, 10 May 2010 15:00:00 GMT

Author: Patrick Hulla
Organization: Ogletree, Deakins, Nash, Smoak, & Stewart, P.C.

April 27, 2010, with Justice Samuel Alito writing for the 5-3 majority (Justice Sonia Sotomayor abstained), the U.S. Supreme Court addressed class-action arbitration when the parties' agreement was silent regarding the aggregation of multiple parties' claims. According to the Court, the arbitration panel's imposition of class arbitration – despite the parties' stipulation that they had not reached an agreement on this issue – is "fundamentally at war" with the Federal Arbitration Act (FAA) principle that arbitration is a matter of consent.



Major Title Insurance Companies Decline to Issue Creditors' Rights Endorsements

Mon, 10 May 2010 15:00:00 GMT

Author: Jason A. Strain
Organization: Baker Donelson

Many major national title insurance companies have just announced they will no longer provide "creditors' rights" coverage in connection with new policies of title insurance. Therefore, commercial real estate lenders and purchasers will now bear certain insolvency risks that were often covered by title insurance endorsements in the past.



Patent False-Marking Lawsuits: Could Your Company Be Next?

Mon, 10 May 2010 15:00:00 GMT

Author: Melissa A. Lore and Lynn E. Rzonca
Organization: Ballard Spahr LLP

If you own U.S. patents and mark your products as patented or patent pending, you could find yourself defending a federal lawsuit. A recent Federal Circuit Court of Appeals decision has opened the floodgates for qui tam plaintiffs to challenge the accuracy and validity of patent marking, requesting to split any statutory damages award with the government—assessed "per article."



Unreported Claims Against Former Lawyers Could Expose Your Firm to Liability

Mon, 12 Apr 2010 15:00:00 GMT

Author: Jonathan S. Bender
Organization: Holland & Hart LLP

In Berry & Murphy, P.C. v. Carolina Casualty Insurance Company, 586 F.3d 803 (10th Cir. 2009), a recent malpractice insurance coverage decision, the Tenth Circuit held that there was no coverage under a lawyers' professional liability policy where a claim against a former shareholder was made prior to the policy period.



Do You Have an ESI Strategy Yet? Companies and In-House Counsel Sanctioned for Poor Oversight

Mon, 12 Apr 2010 15:00:00 GMT

Organization: Baker Donelson

Although it has been more than three years since the Federal Rules of Civil Procedure were amended to codify parties' obligations to preserve and produce potentially relevant electronically stored information (ESI), a recent survey conducted by Kroll Ontrack reflects that only 46% of U.S. corporations possess an ESI readiness strategy.1 Meanwhile, a review of recent judicial decisions on requests for discovery sanctions reflects a growing impatience by courts for a lack of such a readiness strategy and resulting failures to competently preserve and produce potentially relevant electronically stored information.



Appellate Judge Excludes Damages Theory from Patent Trial

Mon, 12 Apr 2010 15:00:00 GMT

Author: C. Erik Hawes
Organization: Morgan, Lewis & Bockius LLP

As is known among many in the intellectual property field, Judge Randall R. Rader, of the U.S. Court of Appeals for the Federal Circuit, periodically takes a break from his appellate duties to preside over trials of patent cases at the district court level. In one such case, he recently issued a decision reminding lawyers, litigants, and expert witnesses that plaintiffs must have a firm evidentiary foundation before submitting a broad damages theory to the jury.



Supreme Court to Decide Important “Informational Privacy” Case

Mon, 12 Apr 2010 15:00:00 GMT

Author: John Chatowski
Organization: Nixon Peabody LLP

The United States Supreme Court has stepped into the fray in a closely watched case involving the collection of personal information by the National Aeronautics and Space Administration (NASA) from "low risk" contract employees at the California Institute of Technology's (Caltech) Jet Propulsion Laboratory (JPL). Robert M. Nelson, et al., v. National Aeronautics and Space Administration, et al., Supreme Court Case No. 09-530. While the result of this case will directly impact the extent to which the government can collect background information from its employees and third-party contractors, a broad decision by the Supreme Court may impact other areas of the Court's "privacy" jurisprudence.



New RESPA Rules for Consumer Protection in Real Estate Settlements and Loans

Mon, 8 Mar 2010 16:00:00 GMT

Author: Jeffrey R. Margolis and Barry D. Lapides
Organization: Duane Morris LLP

The U.S. Department of Housing and Urban Development (HUD) recently issued new rules that modify the Real Estate Settlement Procedures Act (RESPA). RESPA is a consumer-protection statute that was enacted to (1) help consumers become better shoppers for settlement services and (2) eliminate kickbacks and referral fees that unnecessarily increase the costs of certain settlement services. Loans secured with a mortgage placed on a one-to-four-family residential property are governed by RESPA. These loans include most purchase loans, assumptions, refinances, property improvement loans, and equity lines of credit. HUD's Office of RESPA and Interstate Land Sales is responsible for enforcing RESPA.



New Federal Court Ruling Reinforces Need for Proper Framework for Litigation Holds and Preservation

Mon, 8 Mar 2010 16:00:00 GMT

Author: Michelle Galloway
Organization: Cooley Godward Kronish LLP

Earlier this month, Judge Shira Scheindlin of the U.S. District Court for the Southern District of New York, and author of the landmark Zubulake decisions regarding electronic discovery, issued an 88-page decision detailing issues on document preservation, spoliation, discovery conduct, and sanctions. Pension Committee of the University of Montreal Pension Plan, et al. v. Banc of America Securities, et al.1Pension Committee is not a tale about litigants who intentionally destroyed evidence. 



Is the Tide Turning Against Discretionary Clauses in Insurance Contracts?

Mon, 8 Mar 2010 16:00:00 GMT

Author: Elizabeth A. Nedrow
Organization: Holland & Hart LLP

A recent decision by the Ninth U.S. Circuit Court of Appeals may make it harder for insurance companies in some states to defend claims denials. Standard Insurance Company v. Morrison, a case decided by the court on October 27, 2009, established its place in claims denial case history by addressing the standard of review in Employee Retirement Income Security Act (ERISA) cases.



Decision Underlines Counsel’s Obligation to Understand e-Discovery Rules and Advise Clients

Mon, 8 Mar 2010 16:00:00 GMT

Author: William W. Belt
Organization: LeClair Ryan

RICHMOND, Va. (2/1/10) – An opinion issued by Judge Shira Scheindlin of the U.S. District Court for the Southern District of New York in January appears to mark an important milestone in the development of litigants' duties to preserve and produce electronic evidence and counsel's obligation to understand those duties, according to Bill Belt, a shareholder in LeClairRyan's Richmond-based Discovery Solutions Practice Group.



Seventh Circuit: CAFA Jurisdiction Remains After Class Certification Is Denied

Mon, 8 Feb 2010 16:00:00 GMT

Author: Thomas M. Byrne and Valerie Strong Sanders
Organization: Sutherland Asbill & Brennan LLP

On Friday, January 22, 2010, the U.S. Court of Appeals for the Seventh Circuit held that a federal court does not lose Class Action Fairness Act (CAFA) jurisdiction over an action when class certification is denied. Cunningham Charter Corp. v. Learjet, Inc., ___ F.3d ___, 2010 WL 199627 (7th Cir. Jan. 22, 2010). The Eleventh Circuit came to the same conclusion in Vega v. T-Mobile USA, Inc., 564 F.3d 1256 (11th Cir. 2009), noting that its vacating an order certifying a class action did not affect CAFA jurisdiction. Id. at 1268 n.12.



Supreme Court to Review Employee Privacy in Text Messages

Mon, 8 Feb 2010 16:00:00 GMT

Author: Mark Wiletsky
Organization: Holland & Hart LLP

Many organizations believe they have the right to monitor employees' activities on their computers and the Internet, including the sites they visit and the content of e-mails they send or receive. Such a belief is understandable:  the equipment is provided for business purposes, and organizations can be held responsible if an employee misuses those resources.  Therefore, organizations ought to have the right to check up on employees and make sure their resources are being used appropriately.



Obama Administration Proposes New EPA Enforcement Priorities

Mon, 8 Feb 2010 16:00:00 GMT

Author: Michael Dawkins
Organization: Baker Donelson

On January 4, 2010, the United States Environmental Protection Agency (EPA) formally solicited comments on what should be EPA's enforcement priorities for fiscal years 2011 through 2013. The EPA's draft list of priorities indicates a new emphasis on certain sectors of the economy, including manufacturers that cause disproportionate environmental impact to minority neighborhoods, manufacturers and users of pesticides, developers with projects impacting wetlands, and owners, operators and industrial users of municipal wastewater treatment facilities. EPA's request for public comments is published at 75 Federal Register 146-148.



New Penalty for Failing to Report Payments to Medicare Beneficiaries

Mon, 8 Feb 2010 16:00:00 GMT

Author: H. Benard Tisdale, III
Organization: Ogletree, Deakins, Nash, Smoak, & Stewart, P.C.

Beginning January 1, 2010, a failure to comply with a new requirement for reporting to Medicare payments to Medicare-eligible individuals for resolution of claims involving medical expenses could cost the payor $1,000 per day in penalties for noncompliance.



A Trap for the Unwary? Discovery Plan Crafted Under Rule 26(f) No Guarantee Against Privilege Waiver

Mon, 11 Jan 2010 16:00:00 GMT

Organization: Morgan, Lewis & Bockius LLP

In a recent decision, a magistrate judge in a U.S. District Court in New Jersey ruled that a discovery plan crafted pursuant to Federal Rule of Civil Procedure 26(f) did not protect the plaintiff's inadvertent production of privileged documents from being subject to waiver. This case is important because it distinguishes between the procedural or process-based rules found in Federal Rules of Civil Procedure 26(b)(5)(B) and 26(f), and the substantive-based rules regarding privilege waiver found in Federal Rule of Evidence 502.



Action Items For HITECH Act Compliance

Mon, 11 Jan 2010 16:00:00 GMT

Author: Alisa Chestler
Organization: Baker Donelson

This year has brought about historic and dramatic changes in federal law governing the privacy and security of health care information in the United States. The February 2009 enactment of the Health Information Technology for Economic and Clinical Health (HITECH) Act, which was part of the American Recovery and Reinvestment Act of 2009 (ARRA), created federal notification requirements for security breaches of protected health information (PHI) and added numerous provisions and amendments to the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and its implementing privacy and security regulations.



Federal Courts Conflicted on Climate Change Litigation

Mon, 11 Jan 2010 16:00:00 GMT

Author: James A. Orr and Benjamin C. Morgan
Organization: Sutherland Asbill & Brennan LLP

Three recent federal court decisions sharply divide on whether large carbon emitters may be sued under common law theories of nuisance and negligence.Connecticut v. American Electric Power CompanyNative Village of Kivalina v. ExxonMobilComer v. Murphy Oil USA



COBRA Subsidy Extended

Mon, 11 Jan 2010 16:00:00 GMT

Author: Nancy B. Sasser
Organization: LeClair Ryan

The extension of the COBRA health insurance subsidy, signed into law by President Obama on December 21st after an 88-10 vote by the Senate, will provide additional relief for a record number of unemployed workers.



The Federal Trade Commission Releases Final Guides Concerning Endorsements and Testimonials and Increases the Possibility of Liability

Mon, 7 Dec 2009 16:00:00 GMT

Organization: Cooley Godward Kronish LLP

On October 5, 2009, the Federal Trade Commission ("FTC") published its final revised guides with respect to endorsement and testimonial advertising. The FTC's revised Guides Concerning the Use of Endorsements and Testimonials in Advertising ("Guides") are effective December 1, 2009 and significantly increase the possibility of liability under the FTC Act. Although FTC guides are not binding law, they are administrative interpretations intended to help advertisers comply with the FTC Act. While the Guides refer to the advertising of "products," the Guides apply equally to the advertising of products, services, companies, and industries.



D&O Issues: Lloyd's Not Liable for Defense Costs; Did Not Consent to Settlement

Mon, 7 Dec 2009 16:00:00 GMT

Author: Aidan M. McCormack and Lezlie F. Chimienti
Organization: Nixon Peabody LLP

In Safeco Insurance Co. of America v. Certain Underwriters at Lloyd's, London, Case No. BC378070 (Cal. Super. Ct. September 30, 2009), the Los Angeles County Superior Court granted summary judgment to defendants Certain Underwriters at Lloyd's, London and New Hampshire Insurance Co. (NHIC), holding that Lloyd's and NHIC did not have to pay Safeco Insurance Company more than $1 million in defense costs.



Two Bankruptcy Cases Set to Come Before the U.S. Supreme Court

Mon, 7 Dec 2009 16:00:00 GMT

Author: Rudolph J. Di Massa, Jr. and Laura D. Bonner
Organization: Duane Morris LLP

During its current term, the U.S. Supreme Court will hear argument in two critical bankruptcy cases. The first, Milavetz v. United States, includes a challenge to the constitutionality of the debt relief agency provisions of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, or BAPCPA. This Supreme Court decision may finally resolve whether attorneys are included within the definition of a "debt relief agency" and, if so, whether the requirements imposed upon debt relief agencies are constitutional as applied to attorneys.



Enforcement of Red Flags Rule Delayed to June 1, 2010

Mon, 7 Dec 2009 16:00:00 GMT

Author: Maximillian James "Max" Bodion, Ieuan Mahony and Peter I. "Pete" Sanborn
Organization: Holland & Knight

The Federal Trade Commission (FTC) recently announced it will further delay enforcement of the Red Flags Rule (Rule) until June 1, 2010, marking the fourth time the FTC has pushed back the enforcement deadline. Members of Congress, who are working on legislation to exempt certain businesses from the Rule, specifically requested the extension.



The Genetic Information Nondiscrimination Act (GINA) Has Taken Effect

Mon, 7 Dec 2009 16:00:00 GMT

Author: Maria Greco Danaher
Organization: Ogletree, Deakins, Nash, Smoak, & Stewart, P.C.

With little fanfare and even less reaction from employers, the Genetic Information Nondiscrimination Act (GINA) took effect on November 21, 2009. GINA generally prohibits employers, employment agencies, and unions from collecting genetic information – which specifically includes family medical history - related to employees or applicants.  The law also precludes any type of genetic testing of employees or applicants.



Licenses Do Not Automatically Transfer in the Merger or Sale of a Business

Mon, 2 Nov 2009 16:00:00 GMT

Author: Jay MacDonald and Robert Baron
Organization: Ballard Spahr LLP

A recent decision by the U.S. Court of Appeals for the Sixth Circuit underscores the danger of assuming you can transfer IP licenses in a merger or business sale without the express consent of the licensor.



States Embrace Electronic Discovery

Mon, 2 Nov 2009 16:00:00 GMT

Author: Eric J. Sinrod
Organization: Duane Morris LLP

If you were under the misguided impression that attorneys and their litigant clients only need to deal expressly with electronic discovery in federal court, you need to wake up and smell the e-discovery coffee. In the wake of the 2006 e-discovery amendments to the Federal Rules of Civil Procedure, state legislatures have been getting into the act, adopting e-discovery rules for state court cases. Indeed, more than half of our 50 states have gone this route so far.



Red Flags Rule Deadline Quickly Approaching: The FTC Will Begin Enforcing the New Identity Theft Rule on November 1, 2009

Mon, 2 Nov 2009 16:00:00 GMT

Author: Maximillian James "Max" Bodion, Ieuan Mahony and Peter I. "Pete" Sanborn
Organization: Holland & Knight

The Federal Trade Commission (FTC) is slated to begin enforcement of the Red Flags Rule on November 1, 2009. The Red Flags Rule ("Rule"), requires businesses and other organizations to implement effective, new policies to detect, prevent and mitigate identity theft.



Tightened Federal Pleading Rules Take Effect

Mon, 2 Nov 2009 16:00:00 GMT

Author: Lawrence W. Marquess and Jeff Timmerman
Organization: Littler Mendelson, P.C.

Three Months After the U.S. Supreme Court's Iqbal DecisionIn Ashcroft v. Iqbal, 129 S.Ct. 1937 (2009), a case that initially garnered little attention when it was decided, the United States Supreme Court, emphasized and elaborated on the "plausibility" standard first injected into Rule 8 of the Federal Rules of Civil Procedure two years earlier in Bell Atlantic Corp. v. Twombly1 an antitrust case. The importance of understanding the resulting enhanced requirements for pleading a claim under Rule 8 cannot be overstated.



Weight Reduction Treatment Awarded to Allow Primary Medical Treatment for Back Surgery

Mon, 2 Nov 2009 16:00:00 GMT

Author: Gregory Dale
Organization: Baker & Daniels LLP

On August 6, 2009, the Indiana Court of Appeals issued a decision that has generated considerable interest in the business community. The Court upheld an Indiana Worker's Compensation Board (Board) award in favor of a Claimant who had alleged a work-related back injury. At issue in the case was whether the Claimant was entitled to receive "secondary medical treatment" (possibly including surgery), for weight reduction in order to permit back surgery to occur, which had been ordered by the Board as a result of the Claimant's work-related accident.



Lehman Bankruptcy Court Rules on Right to Withhold Payment Under ISDA Master Agreement

Mon, 2 Nov 2009 16:00:00 GMT

Author: James M. Cain, Mark D. Sherrill and Doyle Campbell
Organization: Sutherland Asbill & Brennan LLP

On September 17, 2009, the U.S. Bankruptcy Court for the Southern District of New York granted Lehman Brothers Special Financing Inc.'s (LBSF, and collectively with its affiliates, Lehman) Motion to compel performance of Metavante Corporation's (Metavante) obligations under an executory contract and to enforce the automatic stay (the Motion).1 The Order2 requires Metavante to make all payments to LBSFrequired under the ISDA Master Agreement (Master Agreement) between the parties, including payments suspended as a result of the bankruptcy filing, together with default interest on such payments.



When Affirmative Action Goes Wrong

Mon, 5 Oct 2009 15:00:00 GMT

Author: Matthew D. Davison
Organization: Baker Donelson

In Humphries v. Pulaski County Special Sch. Dist., decided by the Eighth Circuit Court of Appeals on September 3, 2009, a white public school administrator was repeatedly denied promotion to assistant principal, allegedly because of the school district's affirmative action program and policies that favored promotion of African-American employees. Because the school district was legally compelled to engage in affirmative action efforts as part of a Consent Decree with the EEOC to remedy past discrimination against African Americans, the school district argued that its efforts to implement its court-approved affirmative action program could not be held against it.



Catching the Wave: How Advances in Computer Technology are Impacting Business Disputes

Mon, 5 Oct 2009 15:00:00 GMT

Author: Cameron Sabin
Organization: Stoel Rives LLP

Computer technology has revolutionized the way businesses operate in today's market. Companies that rely upon computer technology advances to support their business are often unaware of the impacts that technology can have on business disputes and the extent to which computer advances have altered the legal landscape. By better understanding the changing landscape, businesses can more effectively prepare to confront litigation, protect business interests, and minimize the effect of legal disputes on daily operations.



Are Legal Materials From the Internet Authentic? It Depends

Mon, 5 Oct 2009 15:00:00 GMT

Author: Mark Giangrande
Organization: DePaul University

One thing to consider when doing legal research on the Internet is the issue of authentication.  It's one thing to find authority online.  It's another to use it in court.  Various courts have rules about what precedent can be used and, more particularly, from where it can come.  It seems odd in the days of courts having their own official web sites that the opinions which they distribute through these sites may not be official.



3rd Circuit - Independent Contractor May Bring Section 1981 Race Discrimination Claim

Mon, 5 Oct 2009 15:00:00 GMT

Author: Maria Greco Danaher
Organization: Ogletree, Deakins, Nash, Smoak, & Stewart, P.C.

Courts typically have dismissed discrimination claims under Title VII if those claims were made by an independent contractor, rather than by an "employee" of the company.  However, 42 U.S.C. §1981 ("Section 1981"), which prohibits racial discrimination in the formation of contracts, states that "all persons" shall have the same right "to make and enforce contracts as is enjoyed by white citizens."  In a case of first impression for the 3d U.S. Circuit Court of Appeals, that court has followed prior decisions of three sister-appellate courts in holding that an independent contractor may sue for race discrimination under Section 1981.  Brown v. J. Kaz, Inc. d/b/a Craftmatic of Pittsburgh, 3d Circ., No. 08-2713, Sept. 11, 2009.



HITECH Breach Notification Rules Are a Reality

Mon, 14 Sep 2009 15:00:00 GMT

Author: Alisa Chestler, Danielle Trostorff and Gina Greenwood
Organization: Baker Donelson

The much anticipated "breach notification" rule was recently published by the Department of Health and Human Services (HHS), Office of Civil Rights (OCR). As required by the provisions of the Health Information Technology for Economic and Clinical Health (HITECH) Act, the rule adds new specifications for covered entities and business associates, outlining how they must provide notification when "unsecured" protected health information (PHI) has been breached.



Court Invalidates Contingent Fee Arrangement and Finds Attorney Liable Under Chapter 93A for Charging an Excessive Fee Under the Agreement

Mon, 14 Sep 2009 15:00:00 GMT

Author: Carly B. Goldstein, Esq.
Organization: LeClair Ryan

In Landry v. Haartz, et al., Lawyers Weekly No. 12-105-09, the Superior Court ruled the plaintiff's conduct in securing a contingent-fee agreement calling for exorbitant legal fees, constituted unfair trade practices in violation of G.L. c. 93A ("Chapter 93A").



E-Verify Rule for Federal Contractors Will Take Effect September 8, 2009

Mon, 14 Sep 2009 15:00:00 GMT

Author: Denyse Sabagh
Organization: Duane Morris LLP

On August 27, 2009, Judge Alexander Williams, Jr., of the U.S. District Court for the District of Maryland upheld the legality of a federal regulation that will require many federal government contractors to use the E-Verify system to verify the employment eligibility of new hires as well as certain existing employees. The ruling in Chamber of Commerce of the United States of America v. Janet Napolitano, Civil Action No. AW-08-3444 (D. Md.), allows the regulation, published at 73 Fed. Reg. 67,651 (November 14, 2008), to take effect on September 8, 2009.



A Return From the Brink—Federal Circuit Reverses Bose and Reaffirms the Applicable Standard in Trademark Fraud Claims

Mon, 14 Sep 2009 15:00:00 GMT

Author: John Crittenden
Organization: Cooley Godward Kronish LLP

The U.S. Court of Appeals for the Federal Circuit issued a decision on August 31, 2009 that may allow in-house lawyers and others who sign trademark use affidavits to breathe a little easier, by making it substantially more difficult to prove that a trademark registration was procured based on fraud.



U.S. Supreme Court Passes Up Opportunity to Settle Split of Authority on Assignability of IP Licenses in Bankruptcy: How Best to Deal with the Ongoing Uncertainty

Mon, 10 Aug 2009 15:00:00 GMT

Author: Mark Berman, Lee Harrington and Lesley Varghese
Organization: Nixon Peabody LLP

The U.S. Supreme Court recently declined an opportunity to address a long-standing split of authority among the circuit courts as to which test should be applied by bankruptcy courts when asked to determine whether an intellectual property license can be assumed by a debtor in possession under Section 365(c)(1) of the Bankruptcy Code.



The First Six Months of President Obama's Antitrust Stimulus Package

Mon, 10 Aug 2009 15:00:00 GMT

Author: John G. Calender and Phillip C. Zane
Organization: Baker Donelson

During the presidential campaign, candidate Obama promised more vigorous enforcement of the antitrust laws.  President Obama and his new administration have fulfilled that pledge.  While some are questioning the effectiveness of the financial stimulus packages, the "antitrust stimulus" is clearly being felt, with new pro-enforcement leadership at the Department of Justice Antitrust Division and the Federal Trade Commission.  Even Congress is joining in by introducing bills to overturn recent Supreme Court antitrust decisions favorable to defendants and by urging more aggressive enforcement of the antitrust laws.



Winning Isn't Enough: Collecting a Judgment

Mon, 10 Aug 2009 15:00:00 GMT

Organization: Joe Cline

Winning a lawsuit is one thing; collecting on a judgment is another--and it's not as easy as you think.A legal judgment, by itself, does not guarantee that a creditor can collect the amounts awarded to him. It merely gives a creditor the right to take the necessary steps to make a collection. Many creditors who obtained a favorable judgment are able to collect less than the amount due them or sometimes nothing at all. To `win' the collecting battle, a creditor needs to use creative strategies to speed up the process and collect what he is owed.



Real Estate Lawyers Stay Busy in Uncertain Economy

Mon, 10 Aug 2009 15:00:00 GMT

Author: Michael D. Weiss
Organization: Barnes & Thornburg LLP

In today's economy, with financial meltdown news dominating the headlines, one may wonder: Is there any money available to complete a deal?  Of course there is.  After all, institutions that are in the business of providing loans still needed to move money.  That's their business. There's not a hotter real estate issue today than the funding and collateralization of loans.  Before we analyze from a legal perspective, we need to talk briefly about the business environment.  After all, law is driven by business.  Business doesn't drive law.



Fraud Enforcement and Recovery Act Expands the False Claims Act

Mon, 6 Jul 2009 15:00:00 GMT

Organization: Cooley Godward Kronish LLP

Reacting to the Wall Street scandals and a recent Supreme Court decision, Congress expanded the tools available to the federal government to combat financial fraud by contractors and fund recipients with the Fraud Enforcement and Recovery Act of 2009 ("FERA"). Signed into law on May 20, 2009, FERA clarifies that the False Claims Act ("FCA") reaches the Troubled Asset Relief Program ("TARP") and the American Recovery and Reinvestment Act ("ARRA").



Supreme Court Issues Favorable Ruling for White Firefighters in Reverse Discrimination Case

Mon, 6 Jul 2009 15:00:00 GMT

Author: David Harvey
Organization: Baker Donelson

Query: May an employer make a race-based employment decision when it discovers that one of its employment tests or policies has the unintended effect of creating an adverse impact on another racial classification?



Supreme Court Issues Employer-Friendly ADEA Ruling

Mon, 6 Jul 2009 15:00:00 GMT

Organization: Ogletree, Deakins, Nash, Smoak, & Stewart, P.C.

June 18, 2209, in a 5-4 decision, the U.S. Supreme Court held that an employee alleging a disparate treatment claim under the Age Discrimination in Employment Act (ADEA) must prove that age was the "but for" cause of the challenged adverse employment action. Justice Clarence Thomas, writing for the majority, ruled that even where the employee has produced evidence that age was one motivating factor in that decision the burden of persuasion does not shift to the employer to show that it would have taken the action without regard to age. Gross v. FBL Financial Services, Inc., No. 08-441, U.S. Supreme Court (June 18, 2009).



Factors Inhibiting Confessions and Admissions in the Interview Process

Mon, 6 Jul 2009 15:00:00 GMT

Author: Chip Morgan
Organization: Focused Interviewing

When we interview someone, we must take into consideration the factors which may prevent, or at least hinder, obtaining an admission and/or confession.  First of all, we must place ourselves into the role of the person about to be interviewed.  This is not always easy. We tend to be goal oriented and far too often are in a hurry, which leads to overlooking some of the nuances of the rapport building phase of the interview.



Mitigating the Financial Risk of Employment Litigation: Employment Practices Liability Insurance

Mon, 8 Jun 2009 15:00:00 GMT

Author: Kathleen M. Bonczyk, Esq.
Organization: Rubinton & Laufer, LLC

Employment Practices Liability Insurance (EPLI) is the so-called new kid on the block in the insurance world.  In comparison to other forms of indemnity which have been around for decades, the first EPLI policies appeared circa 1990. Although EPLI constitutes a relatively new line of insurance, it is one that no employer of individuals should be without.  EPLI transfers the risk of losses associated with employment litigation during the entire employment life cycle, from recruiting through termination, to an insurance carrier.



Monitoring the Monitor? The Need for Further Guidance Governing Corporate Monitors Under Pre-Trial Diversion Agreements

Mon, 8 Jun 2009 15:00:00 GMT

Author: David E. Matyas and Lynn Shapiro Snyder
Organization: Epstein Becker & Green P.C.

Over the last several years, there has been an increase in Federal prosecutors' use of Deferred Prosecution Agreements ("DPAs") or in some cases Non-Prosecution Agreements ("NPAs"). From 2002-2005, the Department of Justice ("DOJ") entered into twice as many of these agreements with defendant-companies as it had over the previous 10 years.



U.S. Supreme Court Narrows Scope of CERCLA Liability

Mon, 8 Jun 2009 15:00:00 GMT

Author: Brian L. Burniva
Organization: LeClair Ryan

In a stunning defeat for state governments and the Environmental Protection Agency (EPA), the United States Supreme Court issued a critical opinion on the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA). The opinion, published on May 4, interprets the "arranger for disposal" status and application of joint and several liability to all liable parties under CERCLA Sec. 107.



Consumer Fraud & Class Actions Lawsuits. Common Questions.

Mon, 8 Jun 2009 15:00:00 GMT

Author: Michael Helfand

What is consumer fraud? Unfortunately, there are many different ways you can be harmed by consumer fraud. If you buy something that does not work as advertised, or if you are purposefully overcharged for the item, you have suffered consumer fraud. You may also be harmed by a fraud scheme, such as paying for sweepstakes winnings or internet actions and receiving nothing in return. Finally, identity theft is also considered consumer fraud.



Antitrust Developments: Legislative Changes on the Horizon?

Mon, 4 May 2009 15:00:00 GMT

Author: Matthew C. Blickensderfer
Organization: Frost Brown Todd

Consistent with the current pro-regulation tone in Washington, legislators in the U.S. Senate and House may try to reshape certain areas of federal antitrust law. Several bills recently introduced in the 111th Congress take aim at recent, pro-defendant judicial decisions and various antitrust immunities...



New Medicare Secondary Payer Reporting Obligations for Workers' Compensation Plans

Mon, 4 May 2009 15:00:00 GMT

Author: John M. Cerilli and Ryan W. Green
Organization: Littler Mendelson, P.C.

Beginning July 1, 2009, many employers and insurance companies will be required to report claims for workers' compensation claimants that are also Medicare beneficiaries to the Centers for Medicare and Medicaid Services (CMS) and become subject to a $1,000 per day per claimant penalty for failure to comply with this mandatory reporting requirement.



U.S. Supreme Court Enforces Arbitration Clauses Regarding Discrimination Claims

Mon, 4 May 2009 15:00:00 GMT

Author: Brian D. Pedrow and Stephanie K. Deiger
Organization: Ballard Spahr LLP

The U.S. Supreme Court recently handed employers a reason to consider bargaining for arbitration provisions. In 14 Penn Plaza LLC, et al. v Pyett et al., the court ruled that workers cannot sue over age discrimination claims when their collective bargaining agreement "clearly and unmistakably" requires arbitration of such claims.



Directors and Officers Liability Insurance and the Subprime Credit Crisis

Mon, 6 Apr 2009 15:00:00 GMT

Author: Thomas H. Bentz Jr. and Shannon A. Graving
Organization: Holland & Knight

As companies try to sort out the impact of the subprime credit crisis, many directors and officers are asking whether their D&O insurance will protect their personal assets if their company files for bankruptcy due to the subprime credit crisis.



Acquiring Assets From Distressed Companies –Buyer Beware!

Mon, 6 Apr 2009 15:00:00 GMT

Author: Bruce W. Akerly
Organization: Bell Nunnally & Martin LLP

It's official!  We are in a recession.  You would have to have been living in a cave to not realize this fact.  The Associated Press reported recently that "[t]he United States — already in recession for a year, may not be out of it until the spring of 2010 — making for the longest downturn since the Great Depression of the 1930s, economists are now saying.  Recessions in the mid-1970s and early 1980s lasted 16 months." (Jeannie Aversa, AP Economics Writer, December 5, 2008).



Trust Beneficiaries - What Kind Of Discretion Do Your Trustees Have?

Mon, 6 Apr 2009 15:00:00 GMT

Author: Betsy Sweetser
Organization: Pellettieri, Rabstein & Altman

Are you the beneficiary of a trust? If so, chances are the trust document bestows discretion in some form upon the trustees in making distributions of income and/or principal to you. How much discretion depends upon the precise wording of the trust and how the law interprets those words. There are numerous variations to be found in trust instruments. A basic question you need to know as a beneficiary of a trust, however, is whether the creator of the trust intended the trustees to have objective or subjective discretion.



The Age of Obama & The Court of Public Opinion: New Opportunities for Trial Lawyers

Mon, 6 Apr 2009 15:00:00 GMT

Author: Jonathan Berstein
Organization: Bernstein Crisis Management, Inc.

The Age of Obama could be a particularly lucrative period for trial attorneys in which to pair legal strategy with effective Internet-centered communication to the Court of Public Opinion, communication that marries the best legal strategy with sound public relations/issues management techniques.



New Federal Evidence Rule 502 Limits Waiver of Attorney-Client Privilege & Work Product Protection

Mon, 9 Mar 2009 15:00:00 GMT

Organization: Frost Brown Todd

Before passage of Rule 502, federal and state courts followed various rules for the disclosure of privileged communications or work product. At one extreme, disclosure of a privileged communication could mean that a party had waived privilege as to all communications on the same subject matter. At the other extreme, disclosure may not have waived any privilege or work product protection unless the disclosure was intentional -- or at least reckless. Most courts followed a middle ground, in which a waiver might be limited to the information actually disclosed unless particular circumstances dictated either broader or narrower consequences.



The Inadvertent Franchise

Mon, 9 Mar 2009 15:00:00 GMT

Author: Leonard D. Vines and David J. Kaufmann
Organization: Greensfelder Hemker & Gale, P.C. and Kaufman Gildin Robbins & Oppenheim LLP

If a business' activities unwittingly bring it within the embrace of federal and state franchise laws, and that business is unaware of this fact, it is in grave jeopardy.  Time and again during the past 35 years, a company that is not a "franchisor" in the traditional sense has discovered that its way of doing business, its methods of distributing products or services, or its grant of "licenses" of one type or another brings it within the extraordinary broad embrace of federal and state franchise laws.  Unfortunately, this "discovery" usually takes place in the context of a governmental investigation or prosecution, sometimes accompanied by private lawsuits commenced by putative "franchisees" unhappy with their business relationships.



Top 5 Misconceptions of Arbitration

Mon, 9 Mar 2009 15:00:00 GMT

Organization: Christine Doucet

Many of us have heard the rumors...from colleagues, relatives, or friends. There are a wide variety of myths floating around about the arbitration process. Arbitration-Truth exposes these urban legends to provide you with the truth about arbitration:



Wage & Hour Update: Failure To Pay Travel Expenses Costs Starbucks Millions

Mon, 9 Mar 2009 15:00:00 GMT

Organization: Christopher W. Olmsted

A recent class action brought by Starbucks employees serves as a reminder to employers on the topic of travel expenses.  The federal court employee class action alleged that Starbucks failed to reimburse employees for their travel expenses.  The lead plaintiff, Jonelle Lewis, worked in a retail management positions at a Starbucks in California's Amador County community of Martell. During her year and one half of employment, she regularly used her personal vehicle to perform work-related duties.



President Signs Ledbetter Fair Pay Act

Mon, 9 Feb 2009 16:00:00 GMT

Author: David A. Copus
Organization: Ogletree, Deakins, Nash, Smoak, & Stewart, P.C.

January 29, 2009, President Obama signed the Lilly Ledbetter Fair Pay Act, only two days after Congress passed the law (see Ogletree Deakins' January 27, 2009, E-Alert). The Fair Pay Act is the first law passed by the new Congress and the first law signed by President Obama. Civil rights groups and their union supporters hailed the symbolism of the act's "first law passed and signed" status.



The Lesson of ReedHycalog v. United Diamond: The Potential Pitfalls With Data Dumps

Mon, 9 Feb 2009 16:00:00 GMT

Author: Stephanie A. Blair
Organization: Morgan, Lewis & Bockius LLP

On October 3, the U.S. District Court for the Eastern District of Texas held in ReedHycalog v. United Diamond, 2008 U.S. Dist. Lexis 93177 (E.D. Tex. Oct. 3, 2008), that a producing party has an obligation to cull out irrelevant information from a document production and must not engage in data dumping. This case is of interest, particularly in civil litigation, in that a producing party should reconsider when they only want to conduct a privilege review and not take the next step of culling out irrelevant data from a document production.



Bush Administration Immigrant Prosecutions Soar

Mon, 9 Feb 2009 16:00:00 GMT

Organization: A. Banerjee

According to data obtained by the Transactional Records Access Clearinghouse, the total of federal filings for immigrant prosecutions reached a new high during the past month. Capped by the 11,454 prosecutions recorded in September 2008, such a staggering number represents an increase of more than 700% from the same month seven years ago (September 2001). This massive increase in yearly immigrant filings means the total number of all prosecutions brought by the federal government reached their all-time high last year of 155,694. By comparison, there were 82,071 filings in fiscal year 1998 and 60,421 in fiscal year 1988.



How to Collect Judgments

Mon, 9 Feb 2009 16:00:00 GMT

Organization: Brian Davis

Any landlord can tell you all about the joys of rent court; the long wait, the endless string of whining, and then the realization that, after you win, all you're left with is the right to collect a debt from someone who probably can't pay anyway. Wonderful.



Catching the Wave: How Advances in Computer Technology are Impacting Business Disputes

Mon, 12 Jan 2009 16:00:00 GMT

Author: Cameron Sabin
Organization: Stoel Rives LLP

Computer technology has revolutionized the way businesses operate in today's market. Companies that rely upon computer technology advances to support their business are often unaware of the impacts that technology can have on business disputes and the extent to which computer advances have altered the legal landscape. By better understanding the changing landscape, businesses can more effectively prepare to confront litigation, protect business interests, and minimize the effect of legal disputes on daily operations.



How to Take Accurate Meeting Minutes

Mon, 12 Jan 2009 16:00:00 GMT

Organization: Lorman Education Services

Meeting minutes are written, accurate accounts of the proceedings that take place at meetings. They should record important details, decisions and assignments. Meeting minutes provide references for future meetings and clarification of previous meeting details. Written minutes can help prevent disagreements and misunderstandings because people can review the minutes to determine exactly what occurred at the meetings.



Why a Medical Expert Witness is Essential to a Court Case

Mon, 12 Jan 2009 16:00:00 GMT

Organization: Amy Nut

Whether the court case is civil or criminal in nature, both plaintiffs and defendants can benefit from the use of a medical expert witness. This is especially true in an era where forensic technology is growing by leaps and bounds, branching off into areas like ballistic, blood spatter analysis and DNA testing.



Long Awaited FMLA Regulations Released

Mon, 8 Dec 2008 16:00:00 GMT

Author: Frank Alvarez, Tasos Paindiris, Jamerson Allen and Joseph Lynett
Organization: Jackson Lewis LLP

The U.S. Department of Labor has released final revised regulations implementing the Family and Medical Leave Act. The revised regulations are over 750 pages in length and adopt most of the positions the DOL outlined in proposed regulations issued in February 2008. The regulations become effective on January 16, 2009, 60 days from November 17, 2008, the date the regulations will be published in the Federal Register.