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Show: results per page Sort by:  | New Compliance Concerns for Employers of Foreign Workers
Rebecca A. Winterscheidt; Snell & Wilmer L.L.P.;
Legal Alert/Article May 8, 2013, previously published on May 3, 2013 This article discusses the current immigration enforcement climate for U.S. employers, which involves a shift away from worksite raids and toward more I-9 audits. Companies can and should adopt “best practices” in the immigration area long before they are faced with responding to an ICE...
| | Immigration Reform in the House
McDonald Hopkins LLC;
Legal Alert/Article May 8, 2013, previously published on May 3, 2013 While members of both parties in the Senate seem committed to moving a single comprehensive immigration reform bill-the bipartisan Gang of 8 released their bill last week-the future of reform in the House is much murkier.
| | Jones Act or Longshore Act?
Lisa L. Thatch; Vandeventer Black LLP;
Legal Alert/Article May 8, 2013, previously published on May 2013 The Supreme Court recently issued an opinion that may have the effect of permitting more injured workers to fall within the realm of the Longshore and Harbor Workers Compensation Act (the “ Longshore Act”) but excluding them from the Jones Act. In Lozman v. City of Riviera Beach, the...
| | FERC Settles Hydropower Investigation
Peter S. Glaser, Kevin C. Greene, Daniel L. Larcamp, Clifford S. Sikora, Lara L. Skidmore; Troutman Sanders LLP;
Legal Alert/Article May 8, 2013, previously published on May 6, 2013 On April 23, 2013, FERC approved a Stipulation and Consent Agreement (“Settlement”) with Seneca Falls Power Corporation (“Seneca Falls”) for violations of its hydropower license. In the Settlement, Seneca Falls agreed to pay a $150,000 civil penalty and invest $300,000 in...
| | Miles Construction, LLC v. United States, No. 12-597C (Feb. 14, 2013), A Primer on Due Process
Edward T. DeLisle, Maria L. Panichelli; Cohen Seglias Pallas Greenhall & Furman PC;
Legal Alert/Article May 8, 2013, previously published on May 3, 2013 Back in February, we provided readers with an overview of a case that we litigated at the end of last year, Miles Construction, LLC v. United States, No. 12-597C (Feb. 14, 2013). The major focal point of the decision was the court’s ruling that “a standard right of first refusal is a...
| | The Advantages and Enforceability of Forum Selection Clauses
Nicole Necklas Soraruf; Lerch, Early & Brewer, Chartered;
Legal Alert/Article May 8, 2013, previously published on May 1, 2013 Loan documents not only document a loan to a borrower but also govern what will happen if that borrower defaults and the lender must sue the borrower. Several aspects of such a lawsuit can and should be addressed in the loan documents. One of the important provisions is the forum selection clause.
| | iGaming Update
Harsh P. Parikh, Heidi McNeil Staudenmaier; Snell & Wilmer L.L.P.;
Legal Alert/Article May 8, 2013, previously published on May 3, 2013 More than 25 years ago, gaming in the United States faced a conundrum as Indian Tribes and States debated the legality of gambling on tribal lands. The issue culminated in a landmark decision in the United State Supreme Court, California v Cabazon Band of Indians, 480 U.S. 202 (1987), and...
| | The Post-Closing Solvency Covenant as a Carveout in Nonrecourse Commercial Mortgage Loans
Larry R. Rothenberg; Weltman, Weinberg & Reis Co., L.P.A.;
Legal Alert/Article May 8, 2013, previously published on May 2, 2013 Many commercial loans secured by real estate include a nonrecourse provision as to the borrower, with a carveout for "bad acts" that would trigger a full recourse provision. Such loans are often guaranteed by a collectible guarantor, who would be liable in the event a "bad act,"...
| | New York Court of Appeals Narrows Reach of Judgment Creditors against Non-Party Banks
Keith Brandofino, Ian M. Goldrich, Paul S. Pilecki; Kilpatrick Townsend & Stockton LLP;
Legal Alert/Article May 8, 2013, previously published on May 8, 2013 In a decision significant for international banks doing business in New York, the Court of Appeals, New York’s highest court, unanimously held that a court cannot issue a "turnover order" against a bank unless the bank has actual, not merely constructive, possession or custody over...
| | Governor Kasich Proposes $1 Billion Rebate for BWC Customers
Michael Caputo, Rebecca M. Kuhns; McDonald Hopkins LLC;
Legal Alert/Article May 8, 2013, previously published on May 3, 2013 This week, Governor John Kasich and Bureau of Workers’ Compensation (BWC) Administrator/CEO Steve Buehrer announced a $1 billion rebate proposal for all BWC customers. Under the proposed dividend, more than 210,000 Ohio private employers and public-taxing districts would receive approximately...
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