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|The Fifth Circuit Declines to Extend Sackett to Jurisdictional Determinations|
John B. King; Breazeale, Sachse & Wilson, L.L.P.;
February 17, 2015, previously published on January 7, 2014In Belle Company v. U.S. Army Corps of Engineers, 761 F.3d 383 (5th Cir. 2014) [http://www.ca5.uscourts.gov/opinions/pub/13/13-30262-CV0.pdf], the Fifth Circuit distinguished the jurisdictional determination (JD) issued to Belle from the compliance order issued to the Sacketts and declined to...
|New Legislative Redistricting Process Could Be in Ohio’s Future|
Michael Caputo, Rebecca M. Kuhns, Aaron M. Ockerman, Todd A. Snitchler; McDonald Hopkins LLC;
February 17, 2015, previously published on December 5, 2014Following years of debate on the issue, the Ohio legislature is poised to pass a resolution to change the way that legislative districts are drawn. The state’s current process for drawing legislative boundaries is highly partisan, requiring a simple majority vote by members of the Ohio...
|False Claims Act Defendants May Have Possible Counterclaims Against Whistleblowers|
Philip H. Lebowitz; Duane Morris LLP;
February 17, 2015, previously published on December 22, 2014Although whistleblowers benefit from strong public policies protecting the means by which they assert and support their False Claims Act (FCA) allegations, a recent decision highlights a possible counterclaim theory that empowers defendants to assert claims against the whistleblower. In U.S. ex...
|Summary of the Most Recent USCIS EB-5 Public Engagement (Dec. 5, 2014)|
Cory A. Richards; Greenberg Traurig, LLP;
February 17, 2015, previously published on December 16, 2014On Dec. 5, 2014, USCIS held a stakeholder conference call for individuals interested in the EB-5 Program. Approximately 50 stakeholders attended in person, while another approximately 500 stakeholders dialed in via telephone. The engagement was attended by León Rodríguez, director,...
|“Per Capita” v. “Per Share” Voting in Agreements-Words Matter|
Richard L. Renck; Duane Morris LLP;
February 17, 2015, previously published on December 16, 2014In Salamone, et al. v. Gorman, No. 343, 2014 (Del. Dec. 9. 2014), the Supreme Court of Delaware writes for nearly 60 pages sorting out contradictory provisions in a voting agreement that was supposed to clearly spell out the rights of various investors and investor groups to elect directors to the...
|Beyond the Neon: Emerging Tech Opportunities in Las Vegas|
Colin Seale; Greenberg Traurig, LLP;
February 16, 2015, previously published on December 9, 2014Though tourism and gaming will lead Nevada’s economy for the foreseeable future, businesses and government entities in Nevada, and Las Vegas in particular, have invested deeply into several areas of emerging technology.
|New Customs Credit Measures|
Sharon Xu; Sheppard Mullin Richter Hampton LLP;
February 16, 2015, previously published on December 1, 2014The General Administrations of Customs issued the Interim Measures of the Customs of the People¿s Republic of China for the Administration of Enterprise Credit (the ¿Interim Measures¿) on October 8th, 2014, which is effective as of December 1, 2014.
|New York City Mayor de Blasio Signs Affordable Transit Act into Law|
Jonathan L. Bing, Jake Herring; Wilson Elser Moskowitz Edelman & Dicker LLP;
February 16, 2015, previously published on December 15, 2014On October 20, 2014, New York City Mayor Bill de Blasio signed Local Law 53, the Affordable Transit Act. Under this new law, New York City businesses with 20 or more full-time employees will be required to offer a federal commuter tax fringe benefit to employees. Covered employers will need to...
|Nazi-Looted Art: Cornelius Gurlitt and Toren v. Federal Republic of Germany and Free State of Bavaria|
Kevin P. Ray; Greenberg Traurig, LLP;
February 16, 2015, previously published on November 3, 2014The Third Reich’s policy of seizing works of art to build the collection of a planned Fuhrermuseum to be constructed in Linz, Austria, or (for the modern works the regime deemed “entartete Kunst” (degenerate art)) is, by now, well-known. The Rape of Europa (Lynn H. Nicholas,...
|Congress Enacts Changes to Dodd-Frank; Potential for More Changes in 114th Congress|
Patrick L. Anderson, Alan Slomowitz; Greenberg Traurig, LLP;
February 16, 2015, previously published on December 30, 2014Prior to adjournment, the 113th Congress passed the first changes to the Dodd-Frank Wall Street Reform and Consumer Protection Act (P.L. 111-203, “Dodd-Frank”) since the landmark legislation was signed into law by President Obama on July 21, 2010. The changes partially repeal the...