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|The Legality of Compensatory Leave System Implemented by Employers in place of Overtime Pay|
Teresa Huang; Lee Tsai Partners;
December 14, 2010With the rising awareness of labor rights protection in recent years, enterprise employers are required not only to comply with existing labor laws and regulations, but also to enhance their communication and coordination with labor unions when formulating the internal personnel management system...
|Obligation to Withhold|
Patrick Rietbroek, Eugene Weultjes; Greenberg Traurig, LLP;
November 15, 2010, previously published on October 29, 2010Wage tax and social security premiums on the wages of the employee must be withheld by a withholding agent. Therefore it is important to determine who is considered the withholding agent and who is the employee.
|Supervision on private placement will be enhanced through amendments to private placement laws and regulations|
Lisa Lee; Lee Tsai Partners;
October 28, 2010Article 43-6 to Article 43-8 were added to the Securities and Exchange Law during its amendment in 2002 when a private placement system was introduced. However, there have been instances where the system is abused and has been degenerated into an arbitrage tool for major shareholders for many...
|Plaintiff Failed to State Claims against Creditor Because Creditor was Not a Debt Collector under the FDCPA and his Defamation Claim was preempted by the FCRA|
Martin Thornthwaite; Strasburger & Price, LLP;
September 21, 2010, previously published on September 20, 2010McLaughlin v. Citifinancial Auto Credit, Inc., 2010 U.S. Dist. LEXIS 57898 (D. Conn. 2010)
|Court Finds Coverage Excluded for Shooting by Security Guard|
Edwards Angell Palmer Dodge LLP;
September 2, 2010, previously published on September 1, 2010A California Appeals Court recently held that a wrongful death action against a security guard who shot a man while on duty was excluded under an “assault and battery” exclusion, even if the security guard acted in self-defense. Michael Krause, Sr., et al. v. Western Heritage Ins. Co.,...
|Department of Homeland Security Proposes Fee Increases; U.S. Senate Passes Legislation Also Including Fee Increases|
Russell C. Ford, Daniel Maranci; Verrill Dana LLP;
August 23, 2010, previously published on August 9, 2010The Department of Homeland Security has proposed a roughly 10% increase to fees for petitions and applications, excluding naturalization (citizenship). Some frequently used petitions, such as the I-129 nonimmigrant worker petition (used for many nonimmigrant statuses such as H-1B and L-1) will be...
|HHS Issues Security Guidance on Risk Analysis|
Michael Smith; Strasburger & Price, LLP;
July 27, 2010, previously published on July 12, 2010 As discussed in a prior edition of Health Industry Online, the enactment of the American Recovery and Reinvestment Act of 2009 (ARRA), and more specifically, Title XIII of the ARRA, known as the Health Information Technology for Economic and Clinical Health Act (HITECH Act) has caused many health...
|Federal Court Enforces Exculpatory Clause in Residential Alarm Contract Even though Alarm Company was Likely Negligent|
Philip Reed Kujawa; Hinshaw & Culbertson LLP;
July 1, 2010, previously published on June 24, 2010The absolute necessity for alarm and security companies to have properly drafted contracts with exculpatory language was demonstrated again in a case recently decided by the U.S. District Court for the District of Minnesota. Christine Gage v. HSM Electronic Protection Services, Inc., d/b/a Stanley...
|States Must Permit Unionizing of Local First Responders under Proposed Federal Legislation|
Jeffrey J. Corradino, Garen E. Dodge, Steven J. Porzio, Thomas V. Walsh; Jackson Lewis LLP;
June 21, 2010, previously published on June 10, 2010Sweeping legislation is pending in Congress that would usurp the authority of states to manage their own public safety employees. The Public Safety Employer-Employee Cooperation Act (PSEECA) would guarantee collective bargaining rights for state and local public safety officers.
|Say it Isn't PicasSo - Paris Art Theft Raises Security and Title Concerns|
Sheppard Mullin Richter Hampton LLP;
June 3, 2010, previously published on May 21, 2010A major art heist this past week raises considerable issues regarding art security and title. At the Paris Museum of Modern Art, a brazen thief made off with five paintings, valued together in excess of $120 million. The masked intruder's plunder included significant works by Picasso, Matisse,...