Monthly Archives: October 2013

Immigration Alert: October 2013

  1. USCIS Instructs on Immigration Benefits for Same-Sex Spouses
  2. U.S. Consulates Deny H-1B Visa Applications Due to Improper LCAs
  3. Eighth Circuit Awards Undocumented Immigrants FLSA Damages
  4. District Court Grants EEOC’s Motion to Protect Plaintiffs’ Immigration Status
  5. Ninth Circuit Upholds Civil Penalties for Form I-9 Violations
  6. U.S. Government Issues New Pronouncements on Pre-Populating Forms I-9
  7. OSC Cautions Employers on Re-Verifying Conditional Green Cards
  8. OSC Warns Employers to Stop Asking Job Applicants About Citizenship Status
  9. OSC Cautions General Contractors Against Re-Verifying Forms I-9 Previously Completed by Subcontractors
  10. DOJ Settles Employment Discrimination Allegations Under IRCA
  11. State Immigration Legislation Is Up in the First Half of 2013
  12. DOS Issues November 2013 Visa Bulletin

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Fungal Meningitis Outbreak Spurs FDA Oversight Of Drug Compounders

In 2012, a major outbreak of fungal meningitis was traced to drugs compounded by New England Compounding Centers. The outbreak included approximately 750 confirmed cases and has resulted in 64 deaths to date. Tragedies of this scale have often been the impetus for major changes to federal food and drug laws in the past; the FDCA itself was enacted in 1938 in response to a tragedy in which the use of an improperly manufactured drug (elixir sulfanilamide) led to over 100 patient deaths.

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David Newman quoted in Law360 on new promise by Samsung

Arnstein & Lehr

David Newman

Arnstein & Lehr Chicago Partner David L. Newman was recently quoted in a Law360 article published on October 18. The article titled, “Samsung’s EU Plan May Not End SEP Abuse, Attorneys Say,” reviews a recent promise by Samsung Electronics to the European Union’s antitrust watchdog that it will limit efforts to seek injunctions based on standard-essential patents. With this move, attorneys say it might not go far enough to prohibit anti-competitive behavior.

To read the article in full, please click here.

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ILN Today Post

Minnesota Employers Must Revise Employment Applications by January 1, 2014

Now is the time to review your existing employment applications and bring them into compliance with Minnesota’s new “Ban the Box” law, which becomes effective January 1, 2014.  The new law prohibits all Minnesota private employers from inquiring into, considering or requiring disclosure of the criminal record or criminal history of an applicant for employment until the applicant has been selected for an interview or, if there is not an interview, before a conditional offer of employment is made to the applicant.  The new law does not apply to private employers with a statutory duty to conduct a criminal history background check or otherwise take into consideration a potential employer’s criminal history during the hiring process, such as teachers, school bus drivers, alcohol and drug counselors and many others.  More…

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San Francisco Gives Employees Right to Request Flexible Working Arrangements

By: Andrew J. Sommer

San Francisco has just become the first municipality in the country to pass a law providing working parents and caregivers the “right to request” flexible or predictable work schedules. The law, which will take effect on January 1, 2014, applies to employers with 20 or more employees within the City of San Francisco. Known as the Family Friendly Workplace Ordinance, the new law allows San Francisco-based employees, after completing six months of employment, to request a flexible or predictable working arrangement so that they can assist with caregiving responsibilities for (1) a child; (2) a parent age 65 or older; or (3) a spouse, domestic partner, parent, child, sibling, grandparent or grandchild with a serious health condition.   

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ILN Today Post

Paying the price when things go wrong – environmental prosecutions

Businesses and individuals face the risk of significant penalties if conditions attached to environmental approvals are not complied with or if false or misleading information is provided to the environmental regulator.  The importance of complying with approvals and providing accurate information is highlighted by recent prosecutions. More…

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ILN Today Post

The wider picture: a guide to international image rights

This article was first published in SportBusiness International on
2 October 2013.

The basis of image rights differs from region to region, causing confusion especially when it comes to cross-border player transfers. Mark Buckley explains how effective legislation is in various countries.

There was huge press interest in the transfer of English Premier League (EPL) Tottenham Hotspur footballer Gareth Bale to Spanish La Liga club Real Madrid, not least in connection with his image rights. More…

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Changing it up in Planning

There have been numerous changes in the Planning and Environment space in the early half of the 2014 financial year. The changes are widespread, incorporating changes to the key piece of legislation establishing the framework for planning in the State, changes to strategic policy regarding the future development of Melbourne in the lead up to 2050, residential zone reform changes and numerous new cases providing guidance on the interpretation of planning laws, not to mention a range of infrastructure projects such as East West Link. It is certainly not quiet times in planning, with a lot going on at the moment! More…

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Jacqueline Browning joins Gadens’ Banking and Finance Team in Melbourne

Gadens in Melbourne are pleased to announce the appointment of Special Counsel, Jacqueline Browning, into their Banking and Finance Team. Jacquie has over 25 years experience as a practising lawyer, including 17 years as an in-house counsel with Commonwealth Bank.

“Jacquie is a highly-regarded banking and finance lawyer, and her experience will allow us to enhance our offering and continue delivering first-class legal advice to our clients,” says Gadens Melbourne Chief Executive Officer, Grant Scott-Hayward. “She has worked on a number of significant matters across Australia and will be a key member of our Banking and Finance Team”. More…

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ILN Today Post

Net contribution clauses – an important decision

In a recent court case the judge made an important finding on the wording of a “net contribution” clause, and awarded significant damages for distress and inconvenience arising out of the repair of defective work.

The project was a fairly standard one. Mr and Mrs West purchased a five floor house close to the Thames and engaged IFA as their architects to design changes to the layout and administer the building contract. The contractor, Armour, was introduced by IFA, the works were carried out and the Wests moved in. Shortly afterwards they found extensive damp in the lower ground floor. The waterproofing had to be completely redone, together with the plumbing, electrical works and kitchen fit out. The Wests had to move out of the house for 20 months while the remedial works were carried out. The contractor became insolvent and the Wests sued the architect for negligence. More…

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