Legal Articles: Ogletree, Deakins, Nash, Smoak & Stewart, P.C.

 







Document(s) published by this organization: 440


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HTMLConstruction One-Minute Read: Litigation Challenges With Collecting Attorneys’ Fees
Jonathan Mraunac, Randolph E. Ruff; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
November 9, 2016, previously published on October 31, 2016
It is common knowledge among construction litigators that in order for a contractor to recover attorneys’ fees from a subcontractor, the subcontract must specifically state that attorneys’ fees are recoverable. However, in litigation, the arguments impeding a contractor’s recovery...

 

HTMLConflict-Avoidance and Conflict-Resolution Mistakes that Ruin Workplace Culture, Part II: Creating a Perception of Unfairness
Patricia Chavarria Perez; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
November 9, 2016, previously published on October 31, 2016
In part one of this three-part series, we discussed a trap companies often fall into when it comes to avoiding and resolving conflict: failing to anticipate and plan for high-risk situations. Part two covers situations that may give rise to the perception of unfairness in the workplace, which is...

 

HTMLConflict-Avoidance and Conflict-Resolution Mistakes that Ruin Workplace Culture, Part III: Failing to Address Workplace Conflicts
Patricia Chavarria Perez; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
November 9, 2016, previously published on November 2, 2016
In part one and part two of this three-part series, we discussed two of the most common traps employers fall into when it comes to avoiding and resolving workplace conflict: failing to anticipate and plan for high-risk situations and creating situations that may give rise to the perception of...

 

HTMLNew U.S. Electronic Visa Update System (EVUS) Required for Certain Chinese Nationals Beginning November 29, 2016
Leigh N. Ganchan, Rebecca L. Sigmund; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
November 9, 2016, previously published on November 3, 2016
On October 20, 2016, the Department of Homeland Security issued a final rule requiring travelers holding People’s Republic of China (PRC) passports with B-1, B-2, or 10-year B-1/B-2 visas to enroll in the Electronic Visa Update System (EVUS) before being admitted into the United States. The...

 

HTML“Onionhead” is a Religion Under Title VII: Court Finds in Favor of Employees in Reverse Religious Bias Case
Margaret Carroll Alli, Lisa Kaplan; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
November 9, 2016, previously published on November 2, 2016
A federal district court recently ruled that an employer-initiated program known as Onionhead was a religion for the purposes of Title VII of the Civil Rights Act of 1964. In Equal Employment Opportunity Commission v. United Health Programs, No. 14-CV-3673 (September 30, 2016), the U.S. District...

 

HTMLContractor Blacklisting Rule Enjoined at the Last Minute
Hera S. Arsen, Ph.D., James J. Murphy; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
October 27, 2016, previously published on October 25, 2016
On October 24, 2016, a Texas judge issued a preliminary injunction in a case challenging the so-called contractor blacklisting rules, which were scheduled to take effect today, October 25. The final regulations, which the U.S. Department of Labor issued two months ago to implement Executive Order...

 

HTMLNorthern District Court of California Addresses Residential Treatment for an Eating Disorder in Krysten C. v. Blue Shield of California
Sean P. Nalty; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
October 27, 2016, previously published on October 25, 2016
Litigation under the Employee Retirement Income Security Act (ERISA) involving the payment of benefits for residential treatment can be challenging—particularly when those claims involve eating disorders. A patient may argue that if treatment is discontinued prematurely, he or she will...

 

HTMLOSHA Proposes to Apply Its Lockout Standard to Expected Startups
Arthur G. Sapper; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
October 27, 2016, previously published on October 20, 2016
The Occupational Safety and Health Administration’s (OSHA) Lockout Standard (29 C.F.R. 1910.147) applies today only to “unexpected” startups of machinery. For example, the standard does not apply if alarms give employees such clearly audible and timely warning that any startup...

 

HTMLUSCIS Will Begin Accepting Cap-Subject H-1B Petitions for FY2018 in April 2017
Whitney Larson; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
October 27, 2016, previously published on October 25, 2016
U.S. Citizenship and Immigration Services (USCIS) will accept new H-1B petitions subject to the annual quota for fiscal year 2018 (FY2018) starting in April of 2017 (April 1, 2017 falls on a Saturday, so USCIS will accept cap-subject petitions for the year starting on the following business day,...

 

HTMLNew “Smart” I-9 Form Becomes Mandatory on January 22, 2017
Bernhard Mueller; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
October 27, 2016, previously published on October 24, 2016
United States Citizenship and Immigration Services (USCIS) has announced that starting January 22, 2017, all employers in the United States will be required to use the new version of the Form I-9 exclusively to conduct employment eligibility verification. The latest revisions to the Form I-9 were...

 


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