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 | Pro Se Attorney Litigants May Not Recover Attorney's Fees in Maryland
November 6, 2009, previously published on October 2009 The Appellant, E. Scott Frison, Jr., represented the Appellee, Jerry J. Mathis in a lawsuit filed against him. The jury awarded judgment to Mr. Hargrove in the amount of $142,000, and Mr. Mathis refused to pay Mr. Frison for his legal fees incurred during the lawsuit. Mr. Mathis claimed that Mr.... |
 | FTC Once Again Extends Enforcement Deadline for Red Flags Rule New Deadline for Compliance -- June 1, 2010
November 6, 2009, previously published on November 3, 2009 Late on October 30, 2009 the Federal Trade Commission (FTC) announced that at the request of Congress it was delaying its enforcement of the "Red Flags" Rule until June 1, 2010. This delay in compliance with the Red Flags Rule applies only to creditors and financial institutions that are... |
| PTO Rescinds Controversial Rules and Pushes for Substantive Rulemaking Authority
November 6, 2009 The U.S. Patent and Trademark Office (PTO) announced on October 8 that the controversial rules that would have limited the number of patent claims per application, and the number of continuing applications that could be filed, have been rescinded. This withdrawal effectively settles the dispute in... |
| Effect of Severance Arrangements on the Performance-Based Compensation Exception to the $1 Million Deduction Limit
November 6, 2009, previously published on November 5, 2009 US Internal Revenue Service (IRS) Revenue Ruling 2008-13 (the "Ruling")...describes an incentive compensation arrangement that was generally intended to provide payment only if certain performance goals were attained, but also provided for payment by reason of an executive's involuntary... |
| Entities Billing for Physicians Need to Check Criminal Histories, Based on Authority of CMS to Revoke Billing Privileges Retroactively for Certain Criminal Convictions
November 6, 2009, previously published on November 2, 2009 Revocation of billing privileges is a relatively new enforcement tool being used by the Centers for Medicare & Medicaid Services (CMS). Based on the authority of CMS to revoke billing privileges based on certain criminal convictions occurring in the 10 years preceding enrollment or... |
| FERC Endorses Private Right to Prosecute Market Manipulation Complaints under Federal Power Act
November 6, 2009, previously published on October 27, 2009 The Federal Energy Regulatory Commission on October 23 affirmed the use of a procedural vehicle that allows third parties to bring market manipulation claims under the Federal Power Act (FPA). In an apparent departure from FERC's enforcement cases to date, which are rooted in investigations... |
| Attorney-Client Privilege Trumps Company's Email Policy
Hinshaw & Culbertson LLP; November 6, 2009, previously published on November 5, 2009 Despite company policy to the contrary, a former employee's personal emails to her attorney were protected by the attorney-client privilege. |
| FMLA Qualifying Exigency Leave and Military Caregiver Leave Expanded By New Law
November 6, 2009, previously published on October 29, 2009 On October 28, 2009, President Obama signed into law the National Defense Authorization Act of 2010. The Act amends the FMLA by expanding on provisions added to that law in 2008 dealing with qualifying exigency leave and military caregiver leave. |
| Fifth Circuit Decision Threatens a Tsunami of Climate Change Tort Cases While the Defense Bar Awaits a Circuit Split November 6, 2009, previously published on October 22, 2009 On October 16, the United States Court of Appeals for the Fifth Circuit revived a lawsuit filed by residents and property owners along the Mississippi Gulf coast against several corporations in the energy, fossil fuels and chemicals industries alleging that the defendants were responsible for... |
| PRC Labour Law in a Nutshell: Can I Require an Employee to Pay Liquidated Damages should the Employee Breach the Labour Contract?
November 6, 2009, previously published on November 4, 2009 Can I require an employee to pay liquidated damages should the employee breach the labour contract? |
