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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...

 

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)

 

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.

 

HTMLEU Commission Clarifies New VAT Place-of-Supply Rules for Telecommunications, Broadcasting and Electronic Services
Charles-Albert Helleputte, Astrid Pieron; Mayer Brown International LLP;
Legal Alert/Article
May 29, 2014, previously published on May 27, 2014
The European Union is currently acting at the forefront of developments around the (indirect) taxation of businesses in the digital economy. Effective 1 January 2015, for VAT purposes, the place of supply of “digital services” to non-taxable customers will be the country where the...

 

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...

 

HTMLNew US Water Infrastructure Legislation Passed Today: Will WIFIA Repeat the Success of TIFIA?
George K. Miller, David Narefsky, John R. Schmidt, Joseph Seliga; Mayer Brown LLP;
Legal Alert/Article
May 29, 2014, previously published on May 22, 2014
The US Department of Transportation’s TIFIA (Transportation Finance & Innovation Act) credit support program is by far the most successful federal program providing financial support for surface transportation public-private partnerships (P3). Few major P3 transportation projects in...

 

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...

 

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...

 

HTMLEleventh Circuit Is First US Appeals Court to Define “Instrumentality” of a Foreign Government Under the Foreign Corrupt Practices Act
Vincent J. Connelly, J. Gregory Deis, Kelly B. Kramer, William Michael, Laurence Urgenson; Mayer Brown LLP;
Legal Alert/Article
May 23, 2014, previously published on May 19, 2014
The US Court of Appeals for the Eleventh Circuit has provided useful guidance on the meaning of the term “instrumentality” as used in the Foreign Corrupt Practices Act (“FCPA”). In a landmark decision released on May 16, the court established the criteria for when companies...

 

HTMLState of São Paulo Grants Debt Amnesty
Roberta P. Caneca, Eduardo Maccari Telles; Mayer Brown LLP;
Legal Alert/Article
May 22, 2014, previously published on May 20, 2014
On May 13th, 2014, Decrees Nos. 60.443/14 and 60.444/14 of the State of São Paulo were published in the Official Gazette. The Decrees granted new incentives for debt payment.

 


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