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Alston Bird LLP Atlanta, GA Document Search Results (85) Show: results per page Sort by:  | The Impact of Cherryland and Chesterfield on New CMBS Loan Originations
Alston Bird LLP;
Legal Alert/Article May 24, 2012, previously published on May 11, 2012 Two recent court decisions and a new piece of legislation from Michigan have spurred a ruckus over the relationship between the single-purpose entity (SPE)/separateness covenant on solvency and the typical CMBS non-recourse carve-out guaranty. The rulings in these cases turned on the interpretation...
| | This Is No Fable: Eleventh Circuit Adopts Moench Presumption and Rejects Duty to Disclose Non-Public Information under ERISA with Regard to Employer Stock
H. Douglas Hinson, Emily Hootkins; Alston & Bird LLP;
Legal Alert/Article May 24, 2012, previously published on May 10, 2012 On May 8, 2012, the Eleventh Circuit adopted the Moench presumption of prudence in affi rming the dismissal of employer-stock drop case Lanfear, et al., v. Home Depot, Inc., et al. The court likewise rejected the notion that allegedly inaccurate and incomplete public securities fi lings lead to...
| | TOUSA Redux: The Eleventh Circuit Court of Appeals Affirms Bankruptcy Court’s Avoidance of Constructively Fraudulent Transfers and Reverses the District Court
Alston Bird LLP;
Legal Alert/Article May 24, 2012, previously published on May 18, 2012 The outcome of the TOUSA appeal has been much anticipated and closely watched by the lending community, their counsel and advisors, and legal scholars. On May 15, 2012, the Eleventh Circuit Court of Appeals issued its opinion, reversing the District Court for the Southern District of Florida and...
| | A Checklist for Private Labeling Joint Ventures
Susan J. Wilson; Alston & Bird LLP;
Legal Alert/Article May 24, 2012, previously published on May 22, 2012 Joint marketing arrangements between unrelated insurers can be an effective sales and financial tool for both companies. For example, Insurer A may have a stronger brand name, or broader jurisdictional authority to write business, than Insurer B. Insurer B may have a distribution force with excess...
| | EEOC Provides Updated Guidance on Use of Criminal Records in Employment Decisions and Finds that Title VII Protects Transgender Workers
Alston Bird LLP;
Legal Alert/Article May 8, 2012, previously published on May 7, 2012 Two recent actions by the Equal Employment Opportunity Commission (EEOC or the “Commission”) are likely to have a signifi cant impact on the Commission’s enforcement of Title VII of the Civil Rights Act of 1964 (“Title VII”). First, the Commission approved updated...
| | New Agency Guidance on Required Contraceptive Coverage Under Group Health Plans
Ashley Gillihan, John R. Hickman, Carolyn E. Smith; Alston & Bird LLP;
Legal Alert/Article May 3, 2012, previously published on May 2, 2012 On August 1, 2011, the Health Resources and Services Administration (HRSA), a part of the Department of Health and Human Services (HHS), issued Guidelines on Women’s Preventive Health (the “HRSA Guidelines”). Under Section 2713 of the Public Health Service Act (PHSA), as added by...
| | Courts Further Delay Enforcement of NLRB Posting Requirement
Alston Bird LLP;
Legal Alert/Article April 24, 2012, previously published on April 23, 2012 The United States District Court for the District of Columbia recently held that the National Labor Relations Board (the “Board”) did not exceed its authority in promulgating a rule requiring employers subject to the National Labor Relations Act (the “Act”) to post notices...
| | EEOC Issues Final Rule Regarding “Reasonable Factors Other Than Age” Defense to ADEA Disparate Impact Claims
Alston Bird LLP;
Legal Alert/Article April 18, 2012, previously published on April 16, 2012 On March 30, 2012, the Equal Employment Opportunity Commission (EEOC, or “the Commission”) issued its final rule revising the Commission’s Age Discrimination in Employment Act (ADEA) regulations. The EEOC has described the new regulations as an attempt to incorporate the holdings...
| | IRS Chart Clarifies Separate Form 8938 and FBAR Reporting Requirements
Tola Ozim, Edward Tanenbaum; Alston Bird LLP;
Legal Alert/Article April 18, 2012, previously published on April 15, 2012 As part of the Hiring Incentives to Restore Employment (HIRE) Act, the Foreign Account Tax Compliance Act established a new and distinct foreign asset disclosure regime under Section 6038D requiring specified persons that hold interests in “specified foreign financial assets” to attach...
| | OSHA Issues Final Rule Modifying the Hazard Communication Standard
Alston Bird LLP;
Legal Alert/Article April 13, 2012, previously published on April 11, 2012 On March 26, 2012, OSHA published its final rule modifying the Hazard Communication Standard (HCS) to conform to the United Nations’ Globally Harmonized System of Classification and Labeling of Chemicals (GHS). OSHA notes that the conformance with the GHS is intended to bring consistency and...
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