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HTMLNew Colorado Law Requires Employee Access to Personnel Files
David D. Powell, Steven R. Reid; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
July 14, 2016, previously published on June 28, 2016
On June 10, 2016, Colorado Governor John Hickenlooper signed into law House Bill 16-1432. Effective January 1, 2017, the new law will require private sector employers to allow employees to access their personnel files at least once annually. The law does not apply to public sector employers (whose...

 

HTMLBrazil’s eSocial—Is Your Company Ready for Compliance by September?
Carolyn Ann Knox; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
July 14, 2016, previously published on June 30, 2016
The Brazilian government has developed a groundbreaking unified electronic platform for mandatory reporting of employee data, payroll data, health and safety records, and tax information. The program, “eSocial,” will fundamentally change communications between employers (particularly...

 

HTMLHigh Court Rules for Vets
Stanley A. Millan, Adam Stone; Jones Walker LLP;
Legal Alert/Article
July 12, 2016, previously published on June 27, 2016
In Kingdomware Technologies, Inc. v. United States, --- v. ---, No. 14-916 (June 16, 2016), the Court unanimously ruled that under a 2006 statute (38 U.S.C. §8127(b)), the Department of Veterans Affairs ("VA") was obligated to restrict competition to only veteran-owned small business...

 

HTMLHigh Court Addresses Key False Claims Act Issues: Implied Certification Theory Upheld, but High Bar Set for Materiality Requirement
William W. Horton, Nadia M. de la Houssaye; Jones Walker LLP;
Legal Alert/Article
July 12, 2016, previously published on June 21, 2016
In Universal Health Services, Inc. v. United States ex. rel. Escobar (June 16, 2016), a unanimous Supreme Court handed down a significant interpretation of the False Claims Act (31 U.S.C. §3729, et seq.), resolving conflicts among the federal circuit courts of appeal concerning the validity...

 

HTMLIndonesia Loosens Foreign Investment Limits, but Some Industries Remain Protected
Michelle Angela, Elizabeth Cole, Sushma Jobanputra, Paul C. Kuo; Jones Day;
Legal Alert/Article
July 12, 2016, previously published on June 2016
On May 18, 2016, the Indonesian government revised its Negative Investment List (Daftar Negatif Investasi or DNI) through Presidential Regulation No. 44 of 2016. The revised Negative Investment List, which was part of a recent series of economic stimulus packages, creates opportunities for foreign...

 

HTMLTexas Federal Court Declines to Apply State Law Privilege in False Claims Act Case
Joshua L. (Josh) Fuchs, Jane W. Walker, Molly M. Wilkens; Jones Day;
Legal Alert/Article
July 11, 2016, previously published on June 2016
The Eastern District of Texas reminded practitioners that it is an uphill battle to use a state law privilege as a shield in qui tam False Claims Act cases. The court held that West Virginia's statutory bank examiner privilege did not apply to documents related to West Virginia's investigation of...

 

HTMLSupreme Court Unanimously Backs ‘Implied Certification’ Liability under False Claims Act
Sarah C. Baskin, Thomas Dorer, David R. Jimenez, Jeremy S. Schneider, Joseph C. Toris; Jackson Lewis P.C.;
Legal Alert/Article
July 11, 2016, previously published on June 17, 2016
Federal contractors may be subject to liability under the federal False Claims Act for violating regulatory requirements not expressly stated in their contracts, according to U.S. Supreme Court’s decision in Universal Health Services v. Escobar, No. 15-7 (June 16, 2016). The Court unanimously...

 

HTMLNYS “Ethics Reform” Legislation Imposes New Requirements on Political Consultants, State Independent Expenditure Committees, PACs, and other Political Committees
Mark F. Glaser, Joshua L. Oppenheimer; Greenberg Traurig, LLP;
Legal Alert/Article
July 11, 2016, previously published on June 24, 2016
In the final hours of the 2016 New York State legislative session, legislation summarized by the Governor and Legislative Leaders as a “5 Point Ethics Reform Plan,” was introduced at the request of the Governor. This legislation that passed at the end of the Legislative Session and is...

 

HTMLNYS “Ethics Reform” Legislation Overturns Ethics Commission’s Definition of Grassroots Lobbying; Changes Standards for Disclosure of Sources Funding to Lobbying and Advocacy Groups; Adjusts Commission Procedures and Penalties
Mark F. Glaser, Joshua L. Oppenheimer; Greenberg Traurig, LLP;
Legal Alert/Article
July 11, 2016, previously published on June 24, 2016
In the final hours of the 2016 New York State legislative session, a bill summarized by the Governor and Legislative Leaders as a “5 Point Ethics Reform Plan,” was introduced at the request of the Governor. This legislation that passed at the end of the Legislative Session and is...

 

HTMLDon't Forget Louisiana's Governmental Ethics Law When Hiring Governmental Employees
Richard G. Passler; Breazeale, Sachse & Wilson, L.L.P.;
Legal Alert/Article
July 7, 2016, previously published on June 2016
Are you a private corporation? Are you thinking about hiring an individual currently employed by the State of Louisiana, one of its Parishes, or some other local governmental entity? If so, please remember to consult your lawyer responsible for advising you on Louisiana’s Code of Governmental...

 


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