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HTMLFurther Delay to the EU Data Protection Regulation
Simon J. McMenemy; Ogletree Deakins Nash Smoak Stewart P.C.;
Legal Alert/Article
March 24, 2015, previously published on March 4, 2015
It is a day to celebrate and raise awareness of the importance of protecting personal data, a fundamental right for everyone in the EU.

 

HTMLRevisiting Rochow: The Sixth Circuit Rejects Earlier $3.8 Million Equitable Award in Recent En Banc Decision
Violet H. Borowski, Mark E. Schmidtke; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
March 24, 2015, previously published on March 10, 2015
Just over a year ago, a panel decision by the Sixth Circuit Court of Appeals in Rochow v. Life Insurance Company of North America, 737 F.3d 415 made big news when the court upheld the district court’s award of $3.8 million in equitable relief on a theory of unjust enrichment and held that an...

 

HTMLSupreme Court Eliminates Notice-and-Comments for Some Agency Interpretations
Hera S. Arsen, John Gerak, Kelly L. Hamilton; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
March 24, 2015, previously published on March 9, 2015
On March 9, 2015, the Supreme Court of the United States ruled that the Paralyzed Veterans doctrine, which requires an agency to use the notice-and-comment procedures of the Administrative Procedure Act (APA) when issuing a new interpretation of a regulation that deviates significantly from a...

 

HTMLState Department to Resume J-1 Visa Program Sponsor Site Visits
Maria Fernanda Gandarez, Matthew Kolodziej; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
March 24, 2015, previously published on March 10, 2015
The U.S. Department of State (DOS) has informed the sponsors of J-1 intern and trainee programs that it will perform site visits to many J-1 Intern and Trainee host organizations in 2015. Some employers have reported that such visits have occurred as early as February. Program participants and host...

 

HTMLD.C. Joins the “Ban the Box” Trend and Enacts the Fair Criminal Record Screening Amendment Act of 2014
John S. Bolesta, Amanda N. Pickens; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
March 24, 2015, previously published on March 9, 2015
The primary initiative of the “Ban the Box” nationwide campaign is to persuade employers to remove the “check box” asking applicants if they have a criminal record from their hiring applications. The purpose of the initiative is to enable former offenders to display their...

 

HTMLRecent Illinois Federal Court Rulings Cloud Fifield’s Bright-Line Test
Kwabena A. Appenteng, Tobias E. Schlueter; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
March 24, 2015, previously published on March 4, 2015
Two recent rulings in the Northern District of Illinois, Eastern Division and the Central District of Illinois, Peoria Division, have further blurred the “bright line” two-year consideration rule established by the Illinois First District Court of Appeals in Fifield v. Premier Dealer...

 

HTMLDHS Funding Hangs In Balance While Congress Squares Off Over Executive Action on Immigration
Justin Coffey, Lowell Sachs; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
March 23, 2015, previously published on March 3, 2015
A chess match continues to be fought in Congress over the fate of President Obama’s executive action on immigration. The standoff is over disagreement as to whether President Obama exceeded his constitutional authority by attempting to bypass Congress and put into effect a collection of...

 

HTMLChanging MSHA Penalties: What’s on the Horizon for Mine Operators?
Michael T. Heenan; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
March 23, 2015, previously published on February 27, 2015
The Mine Safety and Health Administration (MSHA) is in the process of reviewing proposed new civil penalty regulations following multiple hearings in which stakeholders offered their comments. Civil penalties for safety violations within the mining industry have generated much consternation and...

 

HTMLA WARN Act Roundup: Jury Trial Rights, the Unforeseen Business Circumstances Defense, and the Single Employer Rule
Michael R. Marra, Melissa Jill Osipoff; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
March 23, 2015, previously published on February 27, 2015
Towards the end of 2014, three federal courts explored developing issues under the federal Worker Adjustment and Retraining Notification Act of 1988 (WARN Act), 29 U.S.C. §§ 2101-2109 et. seq. Below is a summary of three notable cases that employers may find helpful if contemplating a...

 

HTMLKing v. Burwell: What to Expect From the Supreme Court Argument
Thomas M. Christina; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
March 23, 2015, previously published on March 2, 2015
On Wednesday, March 4, 2015, the Supreme Court of the United States will hear argument in King v. Burwell, a case involving premium tax credits under the Affordable Care Act (ACA). Among its many provisions, the ACA includes one that authorizes a refundable federal income tax credit to assist...

 


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