Monthly Archives: May 2012

Immigration Alert: May 2012

H-1B Nonimmigrant Applications Approach Cap Limits for Fiscal Year 2013

ICE Expands Worksite Enforcement Efforts

SEC Investigates Chipotle’s Hiring Practices

NLRB Provides Guidance on Immigration Issues in Compliance Cases

NLRB Settlement Makes E-Verify a Mandatory Subject of Bargaining

Export Control Compliance Presents Discrimination Dilemmas

Third Circuit Rejects Contract Claim by H-1B Physician

DOJ Settles Discrimination Claims Against Health Care Staffing Company

DOJ Sues NJ Technology Company for Whistleblower Retaliation

DOL Assesses Fines and Back Pay Award Against XCEL Solutions for H-1B Violations

District Court Enjoins New H-2B Regulations

State Immigration-Related Legislation Slows in 2012

DOS Issues June 2012 Visa Bulletin

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RSS FAMILY LAW NEWS

“Travailler fort, lire beaucoup, et parfois perdre de temps en temps”

Dominique Tardif met with RSS’s partner, Me Karen Kear-Jodoin. This Family Law specialist talks about her career and shares her tips for beginners.

Me Karen Kear Jodoin who joined Robinson Sheppard Shapiro in 1987, is a skillful litigator with the Family Law Department of RSS.

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Sorry, this entry is only available in French.

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Court Hearing Fees Are Struck Down as Unconstitutional

Thanks to Clark Wilson LLP associate and Estate Litigation Practice Group member  Seva Batkin  for bringing to our attention the following issue.

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The high costs of litigation that have been imposed by taxes and increased fees have, over the last several decades, troubled all of those concerned about access to the court system. The  imposition of the  GST and PST on most legal accounts  many years ago,  together with seemingly non-stop escalation of court related  filing fees and court use fees has created what many stakeholders consider a crisis in our justice system.

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BC Clean Energy (IPP) Guidebook 2011 Version

In the Draft Integrated Resource Plan released this week, BC Hydro forecasts that “BC’s electricity demand is expected to increase by about 50% over the next 20 years.”  That is not a small amount. And based on the recommended actions contained in the Draft IRP, it is logical to assume that this increased demand will be supplied, in part, by the development of new clean and renewable energy projects in British Columbia (wind, hydro, biomass, ocean, geothermal and solar).

So for those looking to undertake the development of clean energy projects in British Columbia, here a link to the new 2011 updated British Columbia Clean Energy Guidebook [pdf] prepared by the BC Ministry of Forest, Lands and Natural Resource Operations specifically for clean energy project proponents in the Province. 

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Use Editorial Focus & Insights to Create Content that Gets Noticed – A Webinar Recap Part III

Things have been a wee bit hectic around here, so I’m late in getting the final installment of my re-cap of Adrian Lurssen and John Hellerman’s excellent webinar published.  But better late than never, right?

The last section of the webinar was dedicated to the topic “Follow the Numbers.” What does that mean? Well, you can tell by looking at analytics what people are interested in. (And good titles help encourage people’s interest). 

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Estonian Employment Law Conference

An employment law conference, Three Years of New Employment Contracts Act, jointly organised by daily financial newspaper Äripäev (Bonnier Group) and law firm TARK GRUNTE SUTKIENE was held on 29 May. Almost a hundred HR managers, CEOs and chief accountants attended the conference.

At the conference, issues related to the implementation of the Employment Contracts Act that took effect in July 2009 were analysed. The conference was mainly addressed to employers who were given an excellent overview of topical issues concerning the Act. Minister of Social Affairs, Hanno Pevkur, spoke on how the state could help employers. Aule Kindsigo from the Estonian Tax and Customs Board made a presentation on tax issues in work relations. Niina Siitamfrom the Labour Inspectorate outlined the most common mistakes employers make when cancelling an employment contract and Gaabriel Tavits from the University of Tartu analysed the new Employment Contracts Act from an academic point of view. TARK GRUNTE SUTKIENE partner Toomas Taube talked about major labour disputes settled by courts recently, senior associate Piret Luiga covered various aspects of intellectual property in employment, and associate Aidi Kallavus talked about different tax issues concerning employment contracts.

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Ohio Supreme Court Holds That A Merger Triggers The Running Of A Noncompete Clock

The Ohio Supreme Court recently held that when a company that was the original party to a noncompete agreement merges in to another company, unless the noncompete agreement contained a “successors and assigns” clause, the merger is a termination of employment which triggers the running of the restrictive period in the noncompete.

In this decision, Acordia of Ohio, L.L.C. v. Fishel et al., employees of companies that later merged into another company signed two-year, post-employment noncompete agreements. These noncompetes did not contain language commonly found in noncompetes providing that the agreements could be assigned and/or would be carried over to a corporate successor. Rather, by their terms, the agreements were “between only the employees and the companies that hired them.” As such, the agreements “appl[ied] only to ‘the Company’ with which the employees agreed to avoid competing, not the company’s successors.”

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Estonian Employment Law Conference

An employment law conference, Three Years of New Employment Contracts Act, jointly organised by daily financial newspaper Äripäev (Bonnier Group) and law firm TARK GRUNTE SUTKIENE was held on 29 May. Almost a hundred HR managers, CEOs and chief accountants attended the conference.

At the conference, issues related to the implementation of the Employment Contracts Act that took effect in July 2009 were analysed. The conference was mainly addressed to employers who were given an excellent overview of topical issues concerning the Act. Minister of Social Affairs, Hanno Pevkur, spoke on how the state could help employers. Aule Kindsigo from the Estonian Tax and Customs Board made a presentation on tax issues in work relations. Niina Siitamfrom the Labour Inspectorate outlined the most common mistakes employers make when cancelling an employment contract and Gaabriel Tavits from the University of Tartu analysed the new Employment Contracts Act from an academic point of view. TARK GRUNTE SUTKIENE partner Toomas Taube talked about major labour disputes settled by courts recently, senior associate Piret Luiga covered various aspects of intellectual property in employment, and associate Aidi Kallavus talked about different tax issues concerning employment contracts.

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CMS Final Rule Revising Conditions of Participation of Hospitals

In the latest application of the law of unintended consequences….

As you may know, on May 16, 2012, CMS issued a final rule revising the conditions of participation by hospitals in the Medicare and Medicaid programs. (Download the final rule.) Among other things, the final rule includes a provision requiring that at least one member of a hospital’s medical staff be included on the governing body of the hospital or hospital system.

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McDonald Hopkins law firm continues to expand: Chicago Bankruptcy attorney, Joshua Gadharf, joins the firm

Chicago, Illinois, (May 30, 2012) – Joshua Gadharf has joined the Business Restructuring Services Practice at McDonald Hopkins LLC, a business advisory and advocacy law firm. Before joining McDonald Hopkins, Gadharf was with Katten Muchin Rosenman LLP.

The Business Restructuring Services Practice at McDonald Hopkins is co-chaired by Shawn Riley and Steve Gross and has more than 20 lawyers focusing on various aspects of business restructurings and bankruptcies. With a national footprint, the practice focuses on middle market, privately-owned businesses. Several members of the practice have received national recognition. 

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