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HTMLD.C. Case Serves as Reminder To Involve Outside Counsel in Every Stage of Internal Investigation for Privilege Purposes
Sutherland Asbill Brennan LLP;
Legal Alert/Article
May 26, 2014, previously published on May 21, 2014
If maintaining privilege over the documents generated by an internal investigation is a concern, the involvement of outside lawyers in every step of the process is strongly suggested. The U.S. District Court for the District of Columbia recently provided a reminder of this best practice when...

 

HTMLAlleged Safety Failures in Transporting Crude by Rail Leads to Criminal Charges
Sutherland Asbill Brennan LLP;
Legal Alert/Article
May 21, 2014, previously published on May 13, 2014
The Quebec prosecutor’s office has announced it will seek criminal charges against a rail company and three of its employees following the Lac-Mégantic derailment and explosion last year. The director of criminal and penal prosecutions posted the public statement on the...

 

HTMLRailroad Ordered to Reinstate and Pay Worker $244,000 After Alleged Termination for Failure to Perform Required Inspection Because of Hazardous Safety Conditions
Sutherland Asbill Brennan LLP;
Legal Alert/Article
May 21, 2014, previously published on May 16, 2014
Following an inspection, OSHA has ordered a railroad to reinstate a conductor and pay him more than $244,000 in back wages and damages following his termination for allegedly failing to perform an inspection of a passing train under hazardous safety conditions. The damage award includes $100,000 in...

 

HTMLThe GROW AMERICA Act - Paves the Way for Public-Private Partnerships and State Funding for Infrastructure Through Tolling Facilities
Diane J. Blagman, Jean M. DeLuca, Alais L. M. Griffin, Jamey L. Tesler, David Veator; Greenberg Traurig, LLP;
Legal Alert/Article
May 19, 2014, previously published on May 8, 2014
On April 30, 2014, the President sent a $302 billion surface transportation act to Congress, titled the Generating Renewal, Opportunity, and Work with Accelerating Mobility, Efficiency and Rebuilding of Infrastructure and Communities throughout America Act (GROW AMERICA Act or the Act). This...

 

HTMLNational Transportation Safety Board Provides Tractor Trailer Safety Recommendations to the National Highway Traffic Safety Administration
Brian Del Gatto, Michael Lettiero; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
May 16, 2014, previously published on May 14, 2014
On April 3, 2014, the National Transportation Safety Board (NTSB) provided seven safety recommendations to the National Highway Traffic Safety Administration (NHTSA) addressing tractor trailer safety. The recommendations comprise four general topics:

 

HTMLHands-Free Calling ... Is It Really Safer? Considerations for Employers
Matthew J. Riopelle; Foley & Lardner LLP;
Legal Alert/Article
May 16, 2014, previously published on May 15, 2014
As today’s vehicles become more integrated with cell phones, employers should consider adopting policies regarding employee’s use of personal and work issued cell phones. Many states have adopted laws prohibiting texting or the use of hand-held cell phones, but hands-free calling,...

 

HTMLOhio: Supreme Court Holds Local Income Tax Preempted for “Motor Transportation Companies”
McDonald Hopkins LLC;
Legal Alert/Article
May 13, 2014, previously published on May 1, 2014
The Ohio Supreme Court has recently held that the Village of Seville’s (the Village's) income tax on net profits was preempted by a state law when such local income tax was applied to “motor transportation companies.” (Panther II Transp., Inc. v. Seville Bd. of Income Tax Rev.).

 

HTMLA Peek at the NHTSA Provisions in the DOT's Transportation Bill
Christopher H. Grigorian; Foley & Lardner LLP;
Legal Alert/Article
May 12, 2014, previously published on May 5, 2014
Last week, the U.S. Department of Transportation (DOT) unveiled its long-term transportation bill, entitled the Grow America Act, which it is sending to Congress for consideration. Among other things, the bill contains several provisions that enhance the National Highway Traffic Safety...

 

HTMLOff With Your Head(quarters)? Oklahoma's Headquarters Deduction Survives Constitutional Challenge
Timothy A. Gustafson, Kathryn E. Pittman; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
May 5, 2014, previously published on April 29, 2014
The Oklahoma Supreme Court held Oklahoma’s deduction for capital gains arising from the sale of a company headquartered in the state for three or more years does not violate the dormant commerce clause of the U.S. Constitution. The taxpayer, a California company with its headquarters in...

 

HTMLEnvironment Canada Issues Hydrofluorocarbon Reporting Requirement
Dentons Canada LLP;
Legal Alert/Article
May 2, 2014, previously published on April 29, 2014
On April 7, 2014, the Minister of the Environment issued a Notice with respect to hydrofluorocarbons (the “Notice”), pursuant to the Canadian Environmental Protection Act, 1999. The Notice imposes reporting requirements on those who imported, exported, or manufactured certain...

 


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