Monthly Archives: March 2012

"How energy projects are driving the national, state and local economies," Mike Wise interviewed by Smart Business Magazine

World energy demand is exploding and the U.S. is no longer driving consumption and price. For instance, the U.S. could double the fuel efficiencies in all its cars and the amount of world oil consumption would continue to rise, says Michael W. Wise, co-chair of the Energy Practice Group with McDonald Hopkins LLC.

“Advocates exist for coal, gas, nuclear, wind, solar and many other sources of power, but the reality is that we will need all these energy sources,” Wise says. “Every year has brought new technology, changing economics and dynamic opportunities. For example, Northeast Ohio is in the running to build the first offshore wind project in North America.” 

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Law Introduced in NYC Council that Prohibits Discrimination Based on Unemployment Status

By Carrie Corcoran

On March 28, 2012, legislation was introduced before the New York City Council (“NYC Council”) that, if enacted, will extend employment discrimination protections to unemployed job seekers.  In a climate of persistently high unemployment rates and many discouraged – and disgruntled – jobless persons, it should come as no surprise that, along with New York City, legislatures across the nation are considering drastic measures.  Some of these laws have even passed. 

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Increased Care for Caregivers by Government Enforcement Agency

By: Lauri F. Rasnick and Meg Thering

The Equal Employment Opportunity Commission (“EEOC”) has once again turned its focus to caregiver discrimination. While “caregivers” are not specifically included as a “protected category” under any federal law, the EEOC has discussed various federal laws that may provide protections to caregivers. Read more about the EEOC’s focus on caregiver discrimination here.

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Week of March 26, 2012 on ILNToday – A Roundup

It’s been a couple of weeks since I’ve done a round-up, as I’ve been circling the globe again! I’m finally back in the office for a decent amount of time, so look forward to seeing more ILNToday roundups again!

This week, we’ve had a LOT of great content coming through. So without further ado:

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ILN Today Post

Release of Standard Form NSW Retirement Village Contract – Have Your Say

On 29 March 2012 NSW Fair Trading Minister Anthony Roberts released the much anticipated draft standard form retirement village contract for public consultation.

The standard form contract will be mandatory and operators must use the standard form for all new village contracts entered into after the standard form contract comes into effect.

The consultation draft closely mirrors the terms of the Retirement Villages Act 1999 (NSW) and appears user friendly. More…

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ILN Today Post

“Control” Redefined

The Supreme Court of India (“SC”) disposed of an appeal by the Securities and Exchange Board of India (“SEBI”) challenging the decision of the Securities Appellate Tribunal (“SAT”) in the case of SEBI Vs. Subhkam Ventures (I) Pvt. Ltd, without giving any rest to the question as to whether veto rights and/or negative rights in a company constitutes ‘control’ or not.

The SC went on to state that, “the impugned order passed by the SAT will not be treated as a precedent”, consequently the question of law relating to what constitutes ‘control’ still remains open.

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Ohio Statehouse Update: Week in Review — March 30, 2012


1. Senate committee hears Energy MBR bill

The Senate Energy and Public Utilities Committee heard sponsor testimony from the Public Utilities Commission of Ohio (PUCO) and the Ohio Department of Natural Resources (ODNR) on Senate Bill 315, the energy bill included in Governor Kasich’s Mid-Biennium Review (MBR) on March 28, 2012.

PUCO Chairman Todd Snitchler spoke to the provisions in the bill concerning PUCO pipeline safety standards. Noting that some standards in S.B. 315 would exceed federal U.S. Department of Transportation regulations, the chairman said the bill would:

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Jason Tremblay speaks in employment law seminar series at Arnstein & Lehr’s Chicago office

Arnstein & Lehr Attorney Jason Tremblay

Jason Tremblay

Arnstein & Lehr Chicago Partner Jason Tremblay is speaking in a four-part employment law seminar series, held at Arnstein & Lehr’s Chicago office, from March through July. The initial seminar took place on March 14, with more than 20 in attendance, including telephonically connected attendees. The title of the seminar was “Independent Contractor v. Employee – Why it Matters and What You Can Do About It.” The next seminar will be on April 18, titled “Are You Classifying Your Employees Correctly? FLSA Compliance Tips and Strategies.”

To read more details and to register, please click here.

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Seventh Circuit “Puzzled” by OSHA’s “Work-Related” Recordkeeping Requirement

By Casey M. Cosentino

On March 20, 2012, the U.S. Court of Appeals for the Seventh Circuit vacated an ALJ’s decision penalizing Caterpillar Logistics Services, Inc. for allegedly failing to record an employee’s work-related” musculoskeletal disorder (“MSD”) on the Company’s OSHA 300 log.  Caterpillar Logistics Services, Inc. v. Sec’y of Labor, No. 11-2958 (7th Cir., Mar. 20, 2012).  This case is significant because it stamps back (at least temporarily) an effort by OSHA to expand the meaning of “work-related” in the context of ergonomic injuries and OSHA Injury & Illness Recordkeeping.

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Ronald R. Fieldstone writes article in Business Insider on EB-5 visas

Arnstein & Lehr Attorney Ronald R. Fieldstone

Ronald R. Fieldstone

Arnstein & Lehr Miami Partner Ronald R. Fieldstone wrote an article for the March 23 issue of the Business Insider, titled “How Foreign Investors Can Get A Green Card In Exchange For $1 Million.” The article discusses the EB-5 program, also known as the Green Card Immigrant Investor Program, which has so far resulted in the creation or maintenance of 65,000 jobs and $3.1 billion invested in the U.S. economy. The program is set to expire on September 30, unless it is extended.

To read Mr. Fieldstone”s article in full, please click here.

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