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Legal Articles: Miller & Martin PLLC

 







Article(s) published by this organization: 37


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HTMLMandatory Reporting Of Green House Gas Emissions Now Required By EPA
Neil A. Brunetz, Hart Knight; Miller & Martin PLLC;
October 26, 2009, previously published on October 2009
It's official - on September 22, 2009, the Environmental Protection Agency promulgated the much anticipated Greenhouse Gases Rule, which requires certain facilities to report the emission of greenhouse gasses from their facility.

 

HTMLPlaintiffs Establish Pretext during a Reduction in Force
Tara L. Ferguson; Miller & Martin PLLC;
October 6, 2009, previously published on September 2009
The Ninth Circuit recently held that two former employees established pretext for their gender discrimination claim after they were terminated in a reduction in force ("RIF"). In EEOC v. The Boeing Company, 2009 W: 2501837 (9th Cir.), two female employees alleged that Boeing used a RIF...

 

HTMLAuthorities Focus on Flu Contingency Plans
Adam G. Smith, Dan Gilmore; Miller & Martin PLLC;
October 6, 2009, previously published on September 2009
The U.S. Department of Health and Human Services' Centers for Disease Control and Prevention recently issued new guidance for employers on planning for and responding to the seasonal flu and the H1N1 virus, or swine flu. The CDC's primary focus is on preventing, or limiting, the spread of the flu...

 

HTMLFederal Circuit Relaxes PTO Fraud Standard: A Win for Trademark Owners
Charles W. Forlidas, Stephen J. Stark; Miller & Martin PLLC;
October 6, 2009, previously published on September 2009
On August 31, 2009, the U.S. Court of Appeals for the Federal Circuit handed down its opinion in the case of In re Bose Corp., dramatically changing the standards necessary to prove fraud under the trademark application process. The previous fraud standards had been in place since the Trademark...

 

HTMLMandatory E-Verify For Federal Contractors Beginning September 8, 2009
Kelly Lynn Weston, Ian Leavy; Miller & Martin PLLC;
October 6, 2009, previously published on September 2009
After several delays, the mandatory use of E-Verify for federal contractors is scheduled to go into effect on September 8, 2009. At that time (presuming there is not another delay), E-verify will be required for many federal contractors and sub-contractors to verify the employment eligibility of...

 

HTMLFTC Announces Delay in Enforcement of the Red Flags Rule
Miller & Martin PLLC;
August 19, 2009, previously published on July 2009
The Federal Trade Commission announced yesterday that it will delay enforcement of the "Red Flags" Rule (the "Rule") for another three months, until November 1, 2009. Prior to this announcement, the Rule was to be enforced beginning August 1, 2009. In response to some confusion...

 

HTMLCertain Aspects of the Credit Card Accountability Responsibility and Disclosure Act of 2009 Become Effective August 20, 2009
Kathryn Reed Edge, James H. Porter; Miller & Martin PLLC;
August 19, 2009, previously published on August 2009
On May 22, 2009 President Obama signed into law the Credit Card Accountability Responsibility and Disclosure Act of 2009 ("CARD"). Most of CARD becomes effective nine (9) months after its enactment, which will be February 22, 2010. Two provisions of CARD do not become effective until...

 

HTMLRepurchase Agreements and the "Failed Bank Rule"
Kathryn Reed Edge; Miller & Martin PLLC;
August 19, 2009, previously published on August 2009
The FDIC has adopted a final regulation called "Processing of Deposit Accounts in the Event of an Insured Depository Institution Failure." Even if your bank is not in danger of failure, you must comply if you have any repurchase agreements/sweep accounts with customers.

 

HTMLCalifornia Employers May Conduct Surveillance of Employees in Certain Circumstances
Tara L. Ferguson, Shomari Dailey; Miller & Martin PLLC;
August 19, 2009, previously published on August 2009
The California Supreme Court recently held that an employer could place hidden cameras in an employees' office in an attempt to uncover unethical behavior in Abigail Hernandez, et al. v. Hillsides, Inc., et al., 2009 WL 2356904(Cal.) The Supreme Court considered employees' privacy rights through...

 

HTMLA Win for Entrepreneurs and Investors in Recent Tax Case vs. the IRS
Tyler Hand, Roger D. Bailey; Miller & Martin PLLC;
July 29, 2009, previously published on July 2009
In a potentially far reaching decision that overturns prior precedent and may provide opportunities for entrepreneurs and venture investors to utilize losses resulting from LLCs and LLPs in ways that have previously been limited, the Tax Court ruled that ordinary income could be offset by losses...

 


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