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|Texas Federal Court Denies Railroad’s Motion To Dismiss Retaliation Case Under FRSA’s “Kick-Out” Provision|
Sutherland Asbill Brennan LLP;
June 13, 2014, previously published on June 10, 2014In December 2010, a railroad employee filed an administrative claim under the Federal Rail Safety Act (“FRSA”) alleging that the railroad retaliated against him for reporting a rail yard safety condition. OSHA investigated the claim and attempted to conduct closing conferences in August...
|Decree No. 8,257/2014 and Normative Instruction No. 1,471/2014|
Carolina M. Bottino, Roberta P. Caneca, Marina Cyrino, Ivan Tauil; Tauil & Chequer Advogados in association with Mayer Brown LLP;
June 11, 2014, previously published on June 5, 2014On 05/29/2014, Decree No. 8.257/2014 was enacted. The Decree provides the rules for the application of Law No. 10.893/2004 with respect to the Freight Surcharge for Merchant Marine Renewal (AFRMM) and the Merchant Marine Fund (FMM).
|What Does GM's Fine by NHTSA for Faulty Ignition Mean for Victims?|
Todd A. Walburg; Lieff, Cabraser, Heimann & Bernstein, LLP;
June 10, 2014, previously published on June 2, 2014Last month, General Motors agreed to pay a $35 million fine to settle a probe by the National Highway Traffic Safety Administration (NHTSA) over its delayed safety recall for failing to report the potentially deadly defect earlier.
|GM’s Decade of Delay: Why Did the Ignition Switch Recall Take so Long?|
Jodi Westbrook Flowers; Motley Rice;
June 3, 2014, previously published on May 23, 2014According to the Highway Safety Act of 1970, motor vehicle manufacturers must report a safety-related defect to the NHTSA—as well as to owners, purchasers and dealers—within five working days of noticing the issue.
|Texas Court Affirms $1.9 Million Jury Verdict Against Railroad for Worker’s Cumulative Spinal Injuries|
Sutherland Asbill Brennan LLP;
June 2, 2014, previously published on May 23, 2014Following a trial, a jury returned a verdict of $1.9 million against a railroad for negligence under the Federal Employers Liability Act (“FELA”) and for violation of the Locomotive Inspection Act on claims brought by an employee who worked for the railroad for 20 years but had been...
|Early Conflict Minerals Filings: Good, Better, Best|
Aubrey A. Arndt, Mary Anne O'Connell, Daniel J. Thompson; Husch Blackwell LLP;
May 30, 2014, previously published on May 29, 2014Next Monday, June 2nd is the deadline for all companies subject to the SEC’s conflict minerals rule to file their Form SD and, if necessary, their conflict mineral report. We surveyed the filings made through May 28 and this blog highlights some of the good examples, and some less than...
|Impact of FATCA on ORSO Schemes in Hong Kong|
Duncan A. W. Abate; Mayer Brown JSM;
May 29, 2014, previously published on May 27, 2014The Foreign Account Tax Compliance Act (FATCA) is an invasive piece of US legislation. It is designed to identify tax avoidance being undertaken by US entities. It does this by imposing a 30 percent withholding tax on any US investments unless certain information is disclosed to the US tax...
|D.C. Circuit Rejects Emergency Motion to Stay Conflict Minerals Rule|
Jeffrey T. Haughey, Daniel J. Thompson; Husch Blackwell LLP;
May 29, 2014, previously published on May 16, 2014On Wednesday, May 14, the D.C. Circuit Court of Appeals denied an emergency motion by the National Association of Manufacturers (NAM) to stay the U.S. Securities and Exchange Commission’s (SEC’s) conflict minerals rules prior to the deadline to file the first Conflict Minerals Report on...
|Ukraine-Related Sanctions Update: OFAC Issues Sanctions Regulations; President Withdraws GSP Status for Russia|
Cortney O'Toole Morgan, Linda K. Tiller; Husch Blackwell LLP;
May 29, 2014, previously published on May 16, 2014Recently, the U.S. Department of Treasury’s Office of Foreign Assets Control (OFAC) promulgated regulations which formally implement the Ukraine-related sanctions set forth in Executive Orders 13660 (“Blocking Property of Certain Persons Contributing to the Situation in Ukraine”),...
|Keep it Clean and Prove it: Canada Proposes New Drinking Water Regulations for Trains, Planes, Ships and Buses|
Amy Pressman, Andy Radhakant; Davis LLP;
May 28, 2014, previously published on May 27, 2014On May 10, 2014, the Public Health Agency of Canada published new draft regulations, the Potable Water on Board Trains, Vessels, Aircraft and Buses Regulations (the “Regulations”), to modernize the regime governing the safety and quality of drinking water on federally regulated...