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HTMLThird Circuit Rules That Plan Must Give Notice of Limitations Period
Duane Morris LLP;
Legal Alert/Article
September 7, 2015, previously published on August 27, 2015
In Mirza v. Insurance Administrator of America, Inc., the Third Circuit Court of Appeals ruled that plan administrators must inform claimants of plan-imposed deadlines for judicial review in their notifications denying benefits. The decision imposes a new requirement on employers in the Third...

 

HTMLNLRB Abandons Well-Established Joint-Employer Standard
Duane Morris LLP;
Legal Alert/Article
September 7, 2015, previously published on August 31, 2015
On August 27, 2015, the National Labor Relations Board (NLRB or "the Board") issued a 3-2 decision in Browning-Ferris Industries of California, Inc., d/b/a BFI Newby Island Recyclery (32-RC-109684) that changes the well-established joint-employer standard, eliminating the requirement that...

 

HTMLDepartment of Labor Addresses Employee Misclassification in Recent Guidance
Duane Morris LLP;
Legal Alert/Article
September 7, 2015, previously published on July 20, 2015
On July 15, 2015, the U.S. Department of Labor's Division of Wage and Hour issued guidance aimed at curtailing the misclassification of employees as independent contractors under the Fair Labor Standards Act (FLSA). The sweeping conclusion at the heart of the DOL's guidance is that "most...

 

HTMLThird Circuit Confirms FTC Authority to Regulate Cybersecurity Practices Under Unfairness Prong of FTC Act
Sandra A. Jeskie; Duane Morris LLP;
Legal Alert/Article
September 7, 2015, previously published on August 25, 2015
In a long-awaited ruling in Federal Trade Commission v. Wyndham Worldwide Corp., the Third Circuit rejected Wyndham’s argument that the FTC has no authority to regulate its cybersecurity practices under the unfairness prong of the FTC Act and that businesses are not entitled to notice of the...

 

HTMLClarifications Published on Russia's Personal Data Localization Law
Allison S. Khaskelis, Maxim A. Voltchenko; Duane Morris LLP;
Legal Alert/Article
September 7, 2015, previously published on September 2, 2015
On August 3, 2015, the Russian Ministry of Communications and Mass Media (commonly referred to as "Minsviaz") published detailed-and the only written-guidelines clarifying the new personal data localization requirements implemented by the Amendments to the Personal Data Law,[1] signed...

 

HTMLADA Website Cases Filed in Federal Court in Pittsburgh, with More Likely to Follow
J. Colin Knisely; Duane Morris LLP;
Legal Alert/Article
September 4, 2015, previously published on August 24, 2015
In the past three weeks, Pittsburgh-based law firm, Carlson Lynch, which was responsible for filing hundreds of Americans with Disabilities Act (ADA) ATM class action lawsuits nationwide, has filed four ADA website lawsuits in federal district court in Pittsburgh. One of the lawsuits was filed...

 

HTMLA.P. Shah Committee Recommends MAT Relief for Foreign Portfolio Investors
Duane Morris LLP;
Legal Alert/Article
September 4, 2015, previously published on August 24, 2015
Since we published our Duane Morris Alert on 19 June 2015 reviewing the Indian Government’s applicability of minimum alternate tax (MAT) on foreign portfolio investors (FPIs), the A.P. Shah committee has recommended to the Finance Ministry that MAT should not be imposed on FPIs for the period...

 

HTMLOngoing System Outage to Cause Significant Visa Processing Delays
Duane Morris LLP;
Legal Alert/Article
July 14, 2015, previously published on June 24, 2015
On June 9, 2015, the U.S. Department of State (DOS) experienced a technical issue that prevented U.S. Consulates and Embassies from conducting mandatory security checks prior to issuing visa stamps (required for most foreign nationals to enter the United States to work, study, visit or immigrate)....

 

HTMLJune 30 Deadline Fast Approaching for Foreign Investment Reporting, Including Ownership in Certain Foreign Real Estate
Duane Morris LLP;
Legal Alert/Article
July 14, 2015, previously published on June 23, 2015
U.S. persons owning an interest in a foreign business enterprise may have an obligation to file a BE-10 report by June 30, 2015.

 

HTMLConsiderations for Employers in Light of Supreme Court's Ruling Requiring All States to Recognize Same-Sex Marriage
Duane Morris LLP;
Legal Alert/Article
July 13, 2015, previously published on June 29, 2015
In Obergefell v. Hodges, the U.S. Supreme Court held, in a 5-4 opinion, that the Fourteenth Amendment to the Constitution requires that all states license marriages between two people of the same sex and recognize a marriage between people of the same sex when their marriage was lawfully licensed...

 


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