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|Material Adverse Effect Clauses in the Wake of Hexion Specialty Chemicals, Inc. v. Huntsman Corporation|
Matthew Kuhn, Jonathan L. H. Nygren; Faegre & Benson LLP;
December 22, 2008, previously published on November 11, 2008Material adverse effect (MAE) clauses have become highly negotiated and detailed provisions in acquisition agreements.
|Treasury Department Releases Final Exon-Florio Regulations|
Paul D. Ginsberg, David K. Lakhdhir, Toby S. Myerson, Robert B. Schumer, Richard S. Elliott; Paul, Weiss, Rifkind, Wharton & Garrison LLP;
December 22, 2008, previously published on November 26, 2008On November 14, 2008, the Treasury Department issued in final form new regulations implementing the so-called "Exon-Florio Amendment" to the Defense Production Act of 1950 (50 U.S.C. app § 2170), as amended by the Foreign Investment and National Security Act of 2007 ("FINSA").
|Spotlight on Alabama: State and Local Tax Developments in 2008|
Baker, Donelson, Bearman, Caldwell & Berkowitz, PC;
December 22, 2008, previously published on November 21, 2008There have been several important Alabama legislative, administrative and legal developments that individuals and businesses should note.
|Final Revised FMLA Regulations Issued: Highlights of the Good, the Bad and the Ugly|
Brian D. Barger; McGuireWoods LLP;
December 22, 2008, previously published on November 26, 2008Just in time for the holiday gift giving season, on November 17, 2008, the U.S. Department of Labor (DOL) published its final revised regulations, overhauling the implementation of the Family and Medical Leave Act of 1993 (FMLA).
|4th Circuit - Conduct Not Directed at Plaintiff May Support Claim of Hostile Environment|
Maria Greco Danaher; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
December 21, 2008, previously published on November 24, 2008In order to successfully support a claim of hostile work environment under Title VII, an employee must show that the offending conduct was "sufficiently severe or pervasive to alter the conditions of her employment and create an abusive work environment."
|DHS Tests Authority in Regulating Social Security No-Match Letters|
Rebecca L. Sigmund; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
December 21, 2008, previously published on November 25, 2008The Department of Homeland Security (DHS) published its final rule making employers accountable for resolving mismatched social security numbers of employees.
|Changes to the Americans with Disabilities Act for the New Year|
Miles & Stockbridge P.C.;
December 21, 2008, previously published on November 2008On January 1, 2009, the Americans with Disabilities Act Amendments Act of 2008 (ADAAA) will go into effect, making dramatic and important changes in the law affecting employees with disabilities.
|D.C. Circuit Temporarily Delays Direct Observation Requirement for DOT Return-to-Duty and Follow- Up Drug and Alcohol Testing|
Catherine Derdeyn Little, Robert E. Hogfoss, Brigham A. McCown; Hunton & Williams LLP;
December 21, 2008, previously published on November 2008On November 12, 2008, the U.S. Court of Appeals for the D.C. Circuit temporarily delayed the requirement for Department of Transportation (DOT) mandatory direct observation (DO) return-to-duty and follow-up drug testing, that ordinarily would apply to all DOT-regulated employers.
|New Louisiana Regulation Creates Safe Harbor for Certain Equity-Based Compensatory Plans of Privately-Held Companies|
Dean Paul Cazenave; Kean Miller Hawthorne D'Armond McCowan & Jarman, L.L.P.;
December 21, 2008, previously published on November 21, 2008Offers and sales of "securities" must be registered unless there is an applicable exemption from the federal and state securities laws.
|DOL Issues Final Regulations for FMLA|
Elarbee, Thompson, Sapp & Wilson, LLP;
December 21, 2008, previously published on November 18, 2008On November 17, 2008, the United States Department of Labor ("DOL") issued new Final Regulations interpreting the Family and Medical Leave Act ("FMLA") replacing the regulations issued in 1995.