Legal Updates

McDonald Hopkins Government Strategies Advisory: This Week in Washington — January 3, 2014

While still opposed to a comprehensive immigration reform package like the one passed in the Senate last year, Speaker of the House John Boehner (R-OH) has signaled that he is willing to work on the issue on a piecemeal basis this year.

Boehner recently hired Rebecca Tallent, a longtime immigration advisor to Senator John McCain (R-AZ). The hire, coupled with Boehner’s recent willingness to criticize Tea Party groups, has given immigration reform advocates hope that the House will tackle the issue this year in a meaningful way despite opposition from his conservative colleagues. 

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Employer Posting Requirements Under New Jersey Law

As the new year begins, it is important to remember to update official posters informing employees of the law relating to their rights and responsibilities. Click here for a link to the Labor and Employment Advisory published by Maxine H. Neuhauser and Amy E. Hatcher regarding the new employer posting requirements under New Jersey law.

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Frank Morris’s "Top 5" Action Items for Employers in 2014

Our colleague Frank C. Morris, Jr., at Epstein Becker Green wrote the December issue of Take 5, with five key action items for employers in 2014. Following is an excerpt:

It’s December, and human resources professionals and law departments are reflecting on the issues addressed in 2013 and giving thanks for incident-free holiday parties. But the big question is this: What issues should get priority attention for 2014 as part of a proactive approach to workplace issues and limiting potential employment and labor law claims? This month’s Take 5 provides a “Top 5″ list of action items to maximize the use of your time and resources for optimum results in 2014. …

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Not in My Backyard: Bringing Claims Against Employees In the Corporate HQ’s Home State May Not Be as Easy As You Think

By Nancy L. Gunzenhauser and Ian Carleton Schaefer.

How can an employee of a national employer not “work” where her employer works? How can such an employee not be subject to suit in the corporation’s backyard?

According to a recent New Jersey state court decision, a technology consultant for a New Jersey corporation who worked in Illinois and provided no services to New Jersey based clients could not be subject to suit in New Jersey. This decision is instructive for technology companies with a significant national workforce (particularly if they leverage remote/agile workers) in how to structure the employment relationship to gain home-field advantage in litigation.

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Prosecution of Companies in Liquidation for bouncing of cheques

Introduction

An economic slowdown generally brings along an increase in cases relating to insolvency and financial offences. Once such offence is that of cheque bouncing, which is not uncommon these days. Another facet of economic slowdown is the steep rise in the number of winding-up of companies through courts. In case of companies, cheque bouncing and winding up are like twins which may be born, when a company’s financial position is in doldrums. In this context, the special mention of Maharashtra and Delhi is necessary as these two regions together house the highest number of registered offices of companies limited by shares in India.1 As per details released by the Bombay High Court, in Maharashtra alone, there were 4.68 lakh cheque bouncing complaints instituted for the period from 1 April, 2010, to 31 March, 2012. A similar situation can be seen in Delhi where, for the year of 2008, around 2.93 lakh cheque bouncing complaints were instituted.2 More…

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EEOC’s 2013 Report Shows Record Breaking Damage Assessments Against Employers

By:  Jamie Friedman

This week, the Equal Employment Opportunity Commission (“EEOC”), the agency responsible for enforcing federal employment anti-discrimination and retaliation laws, released its Fiscal Year 2013 Performance Accountability Report (the “Report”). According to the Report, in 2013, the EEOC secured a record-breaking $372 million dollars from private employers for workplace discrimination, despite receiving 6,000 fewer charges of discrimination during FY 2013 (with a total of 93,727 charges) as compared to the prior year, and despite resolving 14,000 fewer cases than in FY 2012. Only 1,437 charges were resolved by conciliation, as compared to 1,591 in the prior year.

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OIG’s Report Highlights Enforcement Successes in 2014

The Office of Inspector General (OIG) recently published its Semiannual Report to the U.S. Congress. This Report summarizes the OIG’s enforcement activities from March, 2013 to September, 2013. The Report highlights the OIG’s significant efforts in the enforcement of fraud and abuse laws.  For fiscal year (FY) 2013, the OIG is expecting total recoveries of […]
The post OIG’s Report Highlights Enforcement Successes in 2014 appeared first on OMW Health Law.

For more information please visit www.omwhealthlaw.com or click on the headline above.

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How Environmental Lawyers Can Avoid Getting Sued For Legal Malpractice?

No matter how conscientious, environmental lawyers, like other attorneys, are regularly sued for legal malpractice.  It is not difficult to imagine some of the dicey situations where the environmental practitioner may fall prey to such claims:

(1) a municipality sues its lawyer after the municipality defaults on its bonds because of an unforeseen environmental problem that prevented the subject property from being developed. The lawyer is accused of not having described the risks inherent in the property’s development and for not conducting a proper environmental investigation;

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Appointment and Powers of Auditors

The recently enacted Companies Act, 2013 (yet to be notified) has imposed new requirements with regard to appointment of auditors and exercise of powers and compliances by the auditors. Some of the new requirements include:

Ø Tenure of appointment: 5 (five) years, subject to ratification at every annual general meeting.

Ø Existing auditors to continue tenure if no auditor appointment in annual general meeting.

Ø The Audit Committee, if any, of the company will make recommendations for appointment of auditors.

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How You Draft A Liability Disclaimer Really Matters

Contract negotiations involving limitations on liability and disclaimers of damages for breach of contract and tort claims can have significant ramifications for the contracting parties if the business relationship falls apart and litigation results. Under New York law, how the parties negotiate the allocation of risk of loss is enormously important.

This lesson was brought home in a noteworthy New York Court of Appeals decision in Abacus Federal Savings Bank v. ADT Security Services, Inc. et al., 18 N.Y.3d 675, 944 N.Y.S.2d 443 (N.Y. 2012). In that case, Abacus Federal Savings Bank (“Abacus”) brought an action against two firms that provide security services, ADT Security Services (“ADT”) and Diebold, Inc. (“Diebold”) to recover damages under tort and contract theories for losses incurred during a burglary at the bank.

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