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HTMLMaterial Adverse Effect Clauses in the Wake of Hexion Specialty Chemicals, Inc. v. Huntsman Corporation
Matthew Kuhn, Jonathan L. H. Nygren; Faegre & Benson LLP;
Legal Alert/Article
December 22, 2008, previously published on November 11, 2008
Material adverse effect (MAE) clauses have become highly negotiated and detailed provisions in acquisition agreements.

 

Adobe PDFTreasury 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;
Legal Alert/Article
December 22, 2008, previously published on November 26, 2008
On 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").

 

HTMLSpotlight on Alabama: State and Local Tax Developments in 2008
Baker, Donelson, Bearman, Caldwell & Berkowitz, PC;
Legal Alert/Article
December 22, 2008, previously published on November 21, 2008
There have been several important Alabama legislative, administrative and legal developments that individuals and businesses should note.

 

HTMLFinal Revised FMLA Regulations Issued: Highlights of the Good, the Bad and the Ugly
Brian D. Barger; McGuireWoods LLP;
Legal Alert/Article
December 22, 2008, previously published on November 26, 2008
Just 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).

 

HTML4th Circuit - Conduct Not Directed at Plaintiff May Support Claim of Hostile Environment
Maria Greco Danaher; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
December 21, 2008, previously published on November 24, 2008
In 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."

 

HTMLDHS Tests Authority in Regulating Social Security No-Match Letters
Rebecca L. Sigmund; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
December 21, 2008, previously published on November 25, 2008
The Department of Homeland Security (DHS) published its final rule making employers accountable for resolving mismatched social security numbers of employees.

 

Adobe PDFChanges to the Americans with Disabilities Act for the New Year
Miles & Stockbridge P.C.;
Legal Alert/Article
December 21, 2008, previously published on November 2008
On 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.

 

Adobe PDFD.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;
Legal Alert/Article
December 21, 2008, previously published on November 2008
On 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.

 

HTMLNew 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.;
Legal Alert/Article
December 21, 2008, previously published on November 21, 2008
Offers and sales of "securities" must be registered unless there is an applicable exemption from the federal and state securities laws.

 

HTMLDOL Issues Final Regulations for FMLA
Elarbee, Thompson, Sapp & Wilson, LLP;
Legal Alert/Article
December 21, 2008, previously published on November 18, 2008
On 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.

 


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