Civil Rights Energy & Utilities

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Sixth Circuit Decision Confirms that Employers May Lawfully Choose Not to Hire a Job Applicant with a Prior History as a False...

Some employers in the health care and other industries who regularly deal with the federal government and are subject to the False Claims Act (“FCA”) have felt helpless in trying to weed out serial whistleblowers in the...more

Africa Update - November 2014 #3

Leading the News: West Africa Ebola Outbreak - On November 12th, Dalberg Global Development Advisors provided new insights into the types of organizations that have contributed most to international response...more

Job Applicant Denied Whistleblower Protection in Sixth Circuit

Job applicants lack standing to bring whistleblower retaliation claims under the False Claims Act (FCA) and the Energy Reorganization Act (ERA) because they are not “employees,” according to the Sixth Circuit Court of...more

Africa Update - November 2014 #2

In This Issue: - Leading the News - United States – Africa Relations - North Africa - East Africa - West Africa - Sub-Saharan Africa - General Africa News - Excerpt from...more

Ninth Circuit Upholds TERO Requirements in Indian Country Mineral Leasing

Conducting commercial operations on tribal lands can pose significant challenges for non-Indian companies. Demonstrating sensitivity to the cultural nuances of Native American society and navigating the complex web of federal...more

Achieving Justice And Human Rights In An Era Of Climate Disruption – New IBA Report

On 22 September 2014, the International Bar’s Association task force on Climate Change Justice and Human Rights released its new report Achieving Justice and Human Rights in an Era of Climate Disruption in the wake of the UN...more

Temporary Economic Reinstatement Not a Preliminary Remedy in a Miner's Discrimination Case

Administrative Law Judge (“ALJ”) David Simonton recently held that a miner’s demand for “temporary economic reinstatement,” instead of accepting actual reinstatement, is not an available remedy under the Mine Act during the...more

China Update - August 2014

In This Issue: - U.S.-China Relations - Chinese Embassy News - Energy & Environment - Trade - Excerpt from U.S.-China Relations: 2013 Report on International Religious Freedom...more

House Passes Three Bipartisan Cybersecurity Bills to Protect Critical Infrastructure

On July 28, 2014, the House of Representatives passed three bills aimed at enhancing the cybersecurity efforts of the Department of Homeland Security (DHS) in certain critical infrastructure sectors, including the energy...more

Farm workers denied Coroner’s inquest: greater risk of fatality in mining and construction industries, HRTO decides

The Human Rights Tribunal of Ontario has decided that it was not discriminatory for the Coroner’s Act to require mandatory inquests in construction and mining deaths, but not in farm deaths. ...more

Africa Update - June 2014

In This Issue: - Leading the News - United States – Africa Relations - North Africa - East Africa - West Africa - Sub-Saharan Africa - General Africa News - Excerpt from Leading the...more

Africa Update - June 2014

In This Issue: - Leading the News - United States – Africa Relations - North Africa - East Africa - West Africa - Sub-Saharan Africa - General Africa News - Excerpt from...more

Miners’ Discrimination Complaints: What’s an Operator to do?

Mine operators across the United States are facing an unprecedented number of miners’ discrimination complaints filed under Section 105(c) of the Mine Act. The rise in discrimination complaints can be partly attributed to job...more

Mineral Matters - Winter 2014

Introduction - Welcome to the latest edition of Minerals Matters and a slightly belated Happy New Year to you all. No doubt as you read this the holiday season seems a long time ago, but hopefully you had the oppor...more

Temporary Iran Sanctions Relief

Relief is very limited and alleviates threat of sanctions regarding transactions by non-U.S. or foreign persons. On January 30, the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) published...more

Mandatory Disclosures Concerning Accessibility Compliance and Energy Consumption in California Commercial Properties

This article discusses two new disclosures that must be included in certain real estate contracts and leases. The disclosures pertain to Accessibility Compliance and Energy Consumption, and affect the required contents of...more

The U.S. Supreme Court Rejects Extraterritorial Lawsuit Against Shell Oil

The United States Supreme Court, in Kiobel v. Royal Dutch Petroleum, recently restricted the scope of the Alien Tort Statute, 28 U.S.C. § 1350 (“ATS”), a 224-year-old law often used to invoke jurisdiction in suing...more

New California Landlord Disclosure Requirements Effective July 1

Two new landlord disclosure requirements become effective in California on July 1, 2013. One requires that all new commercial leases state whether the property has been inspected for disability access—and if so, the results....more

New Commercial Property Disclosure Requirements

A recent statute and set of regulations will shortly begin to impose new disclosure requirements on commercial landlords, property sellers, and borrowers in California for leases, purchases, and financings entered into on or...more

European Parliament Committee on Industry, Research and Energy publish opinion on the proposed General Data Protection Regulation

Following the lead of the Committee on Civil Liberties, Justice and Home Affairs (LIBE), which already released its draft report (see our prior blog), 20 February, the European Parliament Committee on Industry, Research and...more

Legal Update: New Legally Required Disclosures

Starting July 1, 2013, you will be legally required to make the following additional disclosures in certain California real estate contracts and leases: Accessibility Compliance Disclosure: California Civil...more

Employee Is Protected By Whistleblower Provisions Of The Labor Code When He Or She Reports Illegal Conduct By A Fellow Employee

A terminated employee brought claims against his former employer for wrongful termination in violation of the California False Claims Act (“CFCA”), public policy, and the whistleblower protections provided by the Labor Code. ...more

Labor Letter, January 2013: Preventing Discrimination Complaints Under The Mine Act: Six Steps To Protect Your Company

The Mine Safety and Health Administration (MSHA) recently announced what many mine operators and independent contractors have experienced for the past several years – a heightened focus on, and tremendous increase in, the...more

MSHA Update

In a highly-anticipated decision involving two sets of consolidated contest proceedings, the Federal Mine Safety and Health Review Commission has affirmed a May 2011 ALJ order that upheld a broad interpretation of MSHA’s...more

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