Document(s) published by this organization: 112
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|EEOC Issues New Enforcement Guidance on Pregnancy Discrimination|
John S. Mitchell, Laura D. Windsor; Williams Mullen;
July 22, 2014, previously published on July 18, 2014Most employers are generally familiar with the 1978 Pregnancy Discrimination Act (PDA) and its prohibition of employment discrimination based on pregnancy, childbirth, or pregnancy-related medical conditions. On July 14, 2014, for the first time in over thirty years, the EEOC issued Enforcement...
|Appellate Federal Court Overturns District Court Ruling; Federal Government Contractor Must Disclose Internal Investigation Documents In Whistleblower Lawsuit|
Robert K. Cox; Williams Mullen;
July 17, 2014, previously published on July 15, 2014In our current Williams Mullen Construction Industry News, the article titled “Federal Contractors” discussed a ruling on March 6, 2014 by the U.S. District Court for the District of Columbia ordering a federal government contractor, Kellogg, Brown & Root (KBR), to produce, in...
|D.C. Circuit Rules That "Exhaustion of Administrative Remedies" Is Not Required For Violations of ERISA’S Statutory Guarantees: Stephens v. Pension Benefit Guaranty Corporation|
Robert W. Shaw, Mark S. Thomas; Williams Mullen;
July 14, 2014, previously published on July 7, 2014The U. S. Court of Appeals for the District of Columbia Circuit has joined five other federal circuits to rule that pension plan participants need not exhaust a plan’s internal remedial procedures before they file suit in federal court to assert violations of ERISA’s substantive...
|ESOP Fiduciaries Lose “Presumption of Prudence”|
Brydon M. DeWitt; Williams Mullen;
July 7, 2014, previously published on June 30, 2014A unanimous U.S. Supreme Court held last week that employee stock ownership plan (ESOP) investment in employer stock is not entitled to a special ERISA “presumption of prudence”. The decision provides important guidance for ERISA plan fiduciaries.
|No Recess: Supreme Court Decision Invalidates Three 2012 NLRB Appointments and Narrows President’s Recess Appointment Powers|
David C. Burton, Amanda Weaver, J. Nelson Wilkinson; Williams Mullen;
July 7, 2014, previously published on June 27, 2014On June 26, 2014, the United States Supreme Court ruled that President Obama’s purported “recess” appointments of three National Labor Relations Board members was an invalid exercise of executive power. The decision has potentially sweeping ramifications for the future of the...
|Reliance on Professional Advice Avoids Valuation Penalty|
Thomas W. Aldous; Williams Mullen;
June 23, 2014, previously published on June 18, 2014In Whitehouse Hotel Ltd Partnership v. Commissioner, No. 13-60131 (6/11/2014), the Fifth Circuit Court of Appeals vacated the Tax Court’s enforcement of a gross undervaluation penalty imposed on a taxpayer claiming a charitable deduction for a historic preservation façade conservation...
|What Trade Facilitation Is and Why It Matters|
Evelyn M. Suarez; Williams Mullen;
June 13, 2014, previously published on June 9, 2014It was big news, at least in international trade circles. The World Trade Organization (“WTO”) finalized a Trade Facilitation Agreement (the “Agreement”) at the 9th Ministerial Conference in Bali, Indonesia, on December 7, 2013. The Agreement was the first WTO trade...
|The OFCCP Calls a Moratorium on Enforcement Activities Against TRICARE Providers|
Sara B. Rafal, Malcolm "Dick" E. Ritsch; Williams Mullen;
June 13, 2014, previously published on June 9, 2014On May 7, 2014, a Directive of the Office of Federal Contract Compliance Programs (“OFCCP”) placed a five-year moratorium on enforcement activities regarding health care providers that are TRICARE subcontractors. TRICARE is the Department of Defense health care program for military...
|Seventh Circuit Interprets ERISA’s Statute of Limitations for Fiduciary Breach: Fish v. GreatBanc Trust Company|
Robert W. Shaw, Mark S. Thomas; Williams Mullen;
June 2, 2014, previously published on May 29, 2014The Seventh Circuit Court of Appeals in Fish v. GreatBanc Trust Company, No. 12-3330 (7th Cir. May 14, 2014), has issued a decision that clarifies the rules for suits for fiduciary breach under ERISA. The decision primarily concerned whether the plaintiffs’ case was time-barred by...
|CFPB Proposal May Eliminate Requirement to Mail Annual Privacy Notice|
Alan B. Clark, Edmund "Ed" D. Harllee; Williams Mullen;
May 27, 2014, previously published on May 20, 2014On May 7th, the Consumer Financial Protection Bureau (CFPB) announced a proposed rule that would allow financial institutions to post annual privacy notices online, potentially eliminating the current requirement to provide each customer an annual notice by mail. The proposed rule was published in...