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|ACA Fees, and Forms, and Delays, Oh My!|
Stephanie Alden Smithey; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
December 3, 2014, previously published on November 21, 2014In the latest round of delays under the Affordable Care Act (ACA), the Employee Benefits Security Administration recently announced that the deadline for health plans to provide enrollment information to the transitional reinsurance program has been extended to December 5, 2014.
|Whitman v. United States: U.S. Supreme Court Considers Deference to Agencies’ Interpretations of Criminal Statutes|
Nicolas Bourtin, Steven R. Peikin, Richard C. Pepperman, Kenneth M. Raisler, Karen Patton Seymour; Sullivan & Cromwell LLP;
December 3, 2014, previously published on November 13, 2014Earlier this week, the Supreme Court denied certiorari in Whitman v. United States, No. 14-29 (Nov. 10, 2014), a criminal prosecution for insider trading under Section 10(b) of the Securities Exchange Act. In Whitman, the Second Circuit deferred to the Securities and Exchange Commission’s...
|The Chilling Effect|
McKenzie Law Firm P.A.;
December 2, 2014, previously published by InweeklyAmericans rightfully fear government dictating what speech is appropriate. In fact, it was this well-founded fear that gave us what we hold so dear, our First Amendment.
|California Court Finds Lack of Evidence Undermines False Claims Act and Retaliation Claims|
Margaret Hutchins Campbell, Jesse C. Ferrantella; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
December 2, 2014, previously published on October 28, 2014The Southern District of California recently issued a favorable ruling for employers under both the False Claims Act and California’s retaliatory discharge provision codified at California Labor Code section 1102.5. The court not only rejected the relator’s claims, but it also resolved...
|Going To Pot: How Medical Marijuana Impacts Employer Drug Policies|
Karl W. Butterer; Foster, Swift, Collins & Smith, P.C.;
December 2, 2014, previously published on November 24, 2014On November 4, 2008, Michigan voters approved the use of marijuana for medical purposes. Since its passage, the Michigan Medical Marihuana Act (MMMA) has prompted more questions than provided answers. Currently, Michigan law permits marijuana use and distribution under specific, limited...
|Think Twice before Seeking Remedies: The "Fork in the Road" Clause of International Investment Arbitration under BITs/MITs with China|
Patrick Chen; Lee Tsai Partners Attorneys-at-Law;
December 2, 2014In June 2014, the International Center for Settlement of Investment Disputes (ICSID) rendered an unpublished decision (reported in Global Arbitration Review and Investment Arbitration Reporter), holding that since the H&H Enterprises Investments, the US investor referring its disputes to...
|The 2014 Mid-Term Election Results and What They Mean for Labor and Employment Policy|
Harold P. Coxson; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
December 2, 2014, previously published on November 5, 2014In yesterday’s mid-term elections Republicans gained a substantial majority in the U.S. Senate (52-45) with three states undecided: (1) one “toss-up” state—Louisiana, which is still undecided and in which no candidate received 50 percent of the votes; (2) another...
|A Primer on Voting Leave Requirements: Are You Ready for the Mid-Term Elections?|
Matthew K. Johnson; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
December 2, 2014, previously published on October 29, 2014General elections are scheduled for Tuesday, November 4, 2014. This mid-term election will see all 435 seats in the U.S. House of Representatives and 33 of the 100 seats in the U.S. Senate up for grabs. In addition, numerous states will hold elections for governors, state legislators, and will...
|California’s Voting Leave Law: Employers’ Obligations as Election Day Approaches|
Albert C. Nicholson; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
December 2, 2014, previously published on October 30, 2014As Election Day quickly approaches, California employers are reminded that the state voting leave law allows employees to take time off to vote in a statewide election.
|D.C. Voters Approve Recreational Marijuana Ballot Initiative|
Zachary S. Stinson; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
December 1, 2014, previously published on November 6, 2014On November 4, 2014, voters approved a law legalizing recreational marijuana use in the District of Columbia. D.C. joins Alaska, Oregon, Colorado, and Washington in approving marijuana for recreational use.