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|Pregnancy Discrimination & The Accommodation Debate|
Jo Ellen Whitney; Davis, Brown, Koehn, Shors & Roberts, P.C.;
July 24, 2014, previously published on July 17, 2014On Monday, July 14, the EEOC issued guidance relating to its current interpretation of the Pregnancy Discrimination Act and the Act’s interaction with the ADA and other laws.
|Five Years Later, No Criminals?|
Bernstein Litowitz Berger Grossmann LLP;
July 24, 2014, previously published on Summer 2014Judge Jed S. Rakoff recently delivered a powerful speech at the New York City Bar Association addressing corporate accountability after the 2008 financial crisis. The number of high-level executives criminally prosecuted for fraud related to the crisis is zero. Even though the U.S. federal...
|Act 117 Signed into Law Amending the Mechanic’s Lien Law and Easing Construction Lending|
Derek P. Dissinger; Barley Snyder;
July 24, 2014, previously published on July 18, 2014A few months ago we published an article titled, “Pennsylvania House and Senate Pass Bills to Ease Construction Lending.” The article described Senate Bill 145 of 2014 which contemplated amendments to the Mechanic’s Lien Law of 1963 authored to ease construction lending....
|Court Dismisses Texas EquuSearch’s Challenge to FAA’s No-Fly Warning|
Thomas L. Gemmell; Husch Blackwell LLP;
July 24, 2014, previously published on July 21, 2014On July 18 the U.S. Court of Appeals for the D.C. Circuit dismissed Texas EquuSearch’s challenge of the FAA’s directive that it stop flying search-and-rescue missions using unmanned aircraft systems (UAS)/drones. In doing so, the Appellate panel, siding with the Justice Department/FAA,...
|Georgia Supreme Court Applies the Business Judgment Rule to Bank Officers and Directors; Decision Has Implications for Corporate Officers and Directors|
Maia Cogen, Patricia A. Gorham, Gabriel A. Mendel, W. Scott Sorrels, Yvonne M. Williams-Wass; Sutherland Asbill & Brennan LLP;
July 24, 2014, previously published on July 18, 2014In a landmark ruling for officers and directors of Georgia’s financial institutions, the Supreme Court of Georgia held in FDIC v. Loudermilk, S14Q0454 (Ga. July 11, 2014), that officers and directors of banks are protected by the business judgment rule, which affords officers and directors a...
|New Tax Treaty Between Mexico and United Arab Emirates Enters into Force|
Rodrigo Gómez, Karl L. Kellar, Andrés Lieja, Luis Ignacio Martel, Luis Rodrigo Salinas; Jones Day;
July 24, 2014, previously published on July 2014The Mexico-United Arab Emirates tax treaty, signed on May 20, 2012 (the "Treaty"), entered into force on July 9, 2014 after its publication in the Mexican Official Gazette. Pursuant to Article 28, the Treaty will be applicable on January 1, 2015. The Treaty results from Mexico's...
|Public Comment Period to Close Soon on FAA’s Interpretation of Model Aircraft/Unmanned Aircraft Systems|
Thomas L. Gemmell; Husch Blackwell LLP;
July 24, 2014, previously published on July 22, 2014On June 18, 2014, the Federal Aviation Administration (FAA) issued a Notice of Interpretation (Notice) regarding the special rule that exempts regulation of model aircraft under the FAA Modernization and Reform Act of 2012 (the Act). The period for public comment on the FAA's Notice ends this...
|Collecting Charge-Offs: A Valuable Source of Revenue (Part One of Three-Part Series)|
Robin Frazer, Elizabeth Lee Thompson; Stites & Harbison, PLLC;
July 24, 2014, previously published on July 16, 2014At the height of the Great Recession—the fourth quarter of 2009—banks charged off 3.1% of all loans, resulting in a net loss of nearly $51 billion in that quarter alone. Over $27 billion of the 2009 fourth-quarter charge-offs came from loans secured by real estate, and another $8...
|Clatsop County Commission to Reconsider Oregon LNG Pipeline Decision|
Sutherland Asbill Brennan LLP;
July 24, 2014, previously published on July 21, 2014The Daily Astorian reports that Clatsop County commissioners have decided to reconsider a prior decision denying a land use permit for a pipeline to supply the proposed Oregon LNG terminal. A recent ruling by the Oregon Land Use Board of Appeals found bias in the earlier decision denying the...
|Maryland Court of Appeals Establishes a Two-Part Test for Business Pursuits Exclusion|
Morgan N. Gough; Semmes Bowen Semmes A Professional Corporation;
July 24, 2014, previously published on July 2014Maryland adopted a two-part test for determining when insurers should apply a business pursuits exclusion in a homeowner’s policy for business activities. The Maryland Court of Appeals joined the Third Circuit and high courts of several other states, including Kansas, Arizona, and Montana, in...