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Document(s) published by this organization: 385


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HTMLEmployers May Seek a Second Opinion Regarding an Employee’s Post-FMLA Fitness to Return to Work Duties Even After Reinstating the Employee
Andrea M. Weiss, Ruth Zadikany, Lori A. Zahalka; Mayer Brown LLP;
Legal Alert/Article
June 3, 2014, previously published on May 30, 2014
Decision: In White v. City of Los Angeles, a former district attorney investigator took a medical leave of absence under the Family Medical Leave Act (FMLA). Prior to her FMLA leave, the investigator had behaved “erratically.” Upon returning from leave, she was advised that she would be...

 

HTMLFERC Proposes to Streamline Open-Access Requirements and Protect Developer Priority Rights for US Generator Tie Lines
David I. Bloom, J. Paul Forrester, Brantley Webb; Mayer Brown LLP;
Legal Alert/Article
June 3, 2014, previously published on May 28, 2014
The US Federal Energy Regulatory Commission (FERC) has issued a Notice of Proposed Rulemaking in which it has proposed waiving the Open Access Transmission Tariff (OATT) and associated requirements for public utilities that own, operate or control Interconnection Customer’s Interconnection...

 

HTMLClass of 30,000 Costco Workers Decertified in California Because Individualized Inquiries Predominate
Andrea M. Weiss, Ruth Zadikany, Lori A. Zahalka; Mayer Brown LLP;
Legal Alert/Article
June 3, 2014, previously published on May 30, 2014
Decision: In Stiller v. Costco Wholesale Corp., the Southern District of California decertified a statewide class of approximately 30,000 employees who were allegedly required to remain inside Costco warehouses at the end of their shifts without pay while lockdown procedures were completed. The...

 

HTMLSixth Circuit Excludes EEOC’s Unreliable Disparate Impact Expert
Andrea M. Weiss, Ruth Zadikany, Lori A. Zahalka; Mayer Brown LLP;
Legal Alert/Article
June 3, 2014, previously published on May 30, 2014
Decision: The US Court of Appeals for the Sixth Circuit in EEOC v. Kaplan Higher Education Corp. reinforced the Federal Rules of Evidence requirement that each part of a proposed expert’s methodology be reliable in order for the expert’s testimony to be admissible.

 

HTMLUS Department of Justice Announces New Policy to Record Statements
Kelly B. Kramer, Lori E. Lightfoot, Michael Martinez, William Michael, Lee H. Rubin; Mayer Brown LLP;
Legal Alert/Article
June 3, 2014, previously published on May 29, 2014
The US Department of Justice (“DOJ”) has announced a new policy with respect to the electronic recording of statements made by individuals in custodial situations prior to a person’s initial appearance before a judicial officer. Beginning July 11, 2014, there will be a...

 

Adobe PDFEuropean Court Decides Holiday Pay Includes Commission
Stefan Martin; Mayer Brown LLP;
Legal Alert/Article
May 30, 2014, previously published on May 2014
The European Court of Justice has held that a worker is entitled to be paid in respect of periods of annual leave by reference to the commission payments he would have earned during the period of absence (ZRJ Lock v British Gas Trading Limited)

 

Adobe PDFDelaware Supreme Court Finds Fee-Shifting Bylaws Valid
Laura D. Richman; Mayer Brown LLP;
Legal Alert/Article
May 29, 2014, previously published on May 21, 2014
A recent Delaware Supreme Court case, ATP Tour Inc. v. Deutscher Tennis Bund, No. 534, 2013 (Del. May 8, 2014), held that fee-shifting bylaws, which shift attorneys fees and costs to unsuccessful plaintiffs in intra-corporate litigation, can be enforceable under the Delaware General Corporation Law...

 

HTMLHong Kong Competition Commission to Commence Engagement and Public Consultation on Guidelines
Hannah C. L. Ha, John M. Hickin; Mayer Brown JSM;
Legal Alert/Article
May 29, 2014, previously published on May 28, 2014
On 26 May 2014, the Competition Commission (the "Commission") provided the Hong Kong Legislative Council (LegCo) with an update on its preparation work. As anticipated much of the Commission's initial efforts will be focussed on developing procedural and substantive guidelines.

 

Adobe PDFWhat’s the Refunds Policy for Rent?
Kanchan Adik, Nichola Padget; Mayer Brown International LLP;
Legal Alert/Article
May 29, 2014, previously published on May 2014
The Court of Appeal has set the law straight on the debate over whether a term can be implied in a lease to enable a tenant to get back that part of the advance payment of rent (“the overpaid rent”) which relates to a period (“the broken period”) after the break date, by...

 

HTMLImpact of FATCA on ORSO Schemes in Hong Kong
Duncan A. W. Abate; Mayer Brown JSM;
Legal Alert/Article
May 29, 2014, previously published on May 27, 2014
The Foreign Account Tax Compliance Act (FATCA) is an invasive piece of US legislation. It is designed to identify tax avoidance being undertaken by US entities. It does this by imposing a 30 percent withholding tax on any US investments unless certain information is disclosed to the US tax...

 


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