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|Changes to Mortgage Servicing Rules|
Brooks Bossong; Nexsen Pruet, LLC;
January 30, 2015, previously published on November 20, 2014Armed with some background on what the Consumer Financial Protection Bureau (“CFPB”) is and does (from my 11-11-14 blog entry), let’s dive directly into the issue of rules. For starters, let’s look into the CFPB’s new rules relating to servicing mortgages.
|Nation’s Highest Court Schedules Oral Arguments in King v. Burwell|
Florence Wang; Sheppard Mullin Richter Hampton LLP;
January 30, 2015, previously published on December 23, 2014A Supreme Court of the United States (SCOTUS) spokesperson announced on December 22, 2014, that the Court will hear oral arguments in King v. Burwell on March 4, 2015. This means that not only could the highest court soon resolve the circuit split on the case’s key issue, but that the future...
|DOL Nullifies Use of Employer-Provided Wage Surveys in H-2B Program|
Otieno Ombok; Jackson Lewis P.C.;
January 30, 2015, previously published on December 11, 2014Calling the Department of Labor regulations authorizing employers to use employer-provided wage surveys for prevailing wage determinations (PWDs) for H-2B workers arbitrary and capricious, and finding that they violate of the Administrative Procedure Act, the U.S. court of appeals in Philadelphia...
|Workers' Compensation Appellate Division Affirms Hearing Officer's Decision to Reject § 312 Examiner's Opinion as to Incapacity in Mental Stress Case|
John J. Cronan, Evan M. Hansen, Nelson J Larkins; Preti, Flaherty, Beliveau & Pachios, LLP;
January 30, 2015, previously published on January 7, 2015In Saltz v. M.W. Sewall & Co., Me. WCB App. Div. No. 14-34 (December 19, 2014), the Appellate Division held that a Hearing Officer has authority to adopt § 312 findings in part, and reject others in the face of clear and convincing evidence to the contrary. Under § 312 of the Workers'...
|Court Allows Retaliation Claim to Proceed Where Reason for Termination was Unclear|
Michael R. Bertoncini; Jackson Lewis P.C.;
January 30, 2015, previously published on December 1, 2014An EMT can proceed with his retaliation claims where he presented sufficient evidence to require a trier of fact to determine whether his former employer's asserted reason for terminating his employment is pretext for unlawful retaliation under Title VII of the Civil Rights Act of 1964 and the New...
|The FBI Says It can Search Your Cell Phone Without a Warrant by Using “stingrays” in Public Places|
Ramsay C. McCullough; Jackson Lewis P.C.;
January 30, 2015, previously published on January 12, 2015The data on employees' cell phones may be taken by law enforcement, even without a warrant, if those smart phones are used in public places.
|Effects of the New Federal Spending Package on the Health Sector|
Eric A. Klein, Rachel Landauer; Sheppard, Mullin, Richter & Hampton LLP;
January 30, 2015, previously published on December 30, 2014In mid-December, President Obama signed into law a $1.1 trillion spending bill known as the “Consolidated and Further Continuing Appropriations Act, 2015” or “Cromnibus.” This post explores provisions that relate to the health sector and Affordable Care Act (ACA)...
|Indiana Allows Limited Liability Company to Utilize Former Members' NOLs|
Open Weaver Banks, Pilar Mata; Sutherland Asbill & Brennan LLP;
January 30, 2015, previously published on December 16, 2014The Indiana Department of Revenue ruled that a limited liability corporation (LLC) that elected to be taxed as a corporation was entitled to use net operating loss (NOL) deductions generated by its former members. The NOLs in question were generated in tax years 2003, 2005, and 2007 by two C...
|New Jersey Supreme Court Rules Spill Act Contribution Claims Not Subject to Statute of Limitations|
Daniel Flynn, Daniel L. Schmutter; Greenbaum, Rowe, Smith & Davis LLP;
January 30, 2015, previously published on January 2015In a much anticipated decision announced on January 26, 2015, the New Jersey Supreme Court held that the six-year statute of limitations that applies generally to property damage tort claims does not apply to claims for contribution under the New Jersey Spill Compensation and Control Act...
|H-1B or L-1 Petition Denied? Don’t Waste Time Appealing to the Administrative Appeals Office|
Amy L. Peck; Jackson Lewis P.C.;
January 30, 2015, previously published on January 13, 2015Many businesses sponsoring H-1B specialty occupation worker or L-1 intra-company transfer petitions have experienced the frustration of unfair denials. Now, Information published in the Citizenship and Immigration Services Ombudsmen Annual Report 2014 ("Report") confirms that appeals from...