Holland & Knight LLP

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Court Draws Line Against Union Hotel Boycotts: National Labor Relations Act Bans "Secondary Boycotts"

A recent decision of the federal appeals court in Chicago gave hotel operators some welcome protection against union-organized boycotts arising from a labor dispute. In that case, 520 S. Michigan Ave. Associates, Ltd. v. Unite…more
| Civil Remedies, Commercial Law & Contracts, Labor & Employment Law, Business Torts

New Jersey Supreme Court Officially Adopts Common Interest Doctrine - This Opinion Is Consistent with Those in Other States and Follows the Current Trend

The New Jersey Supreme Court recently issued an opinion that, for the first time in New Jersey, expressly adopted the "common interest doctrine." The July 21, 2014, opinion provided confidentiality protections for…more
| Civil Procedure, Zoning, Planning & Land Use

FinCEN Advisory to US Financial Institutions: Create Culture of Compliance - Senior Management, Leadership and Owners of Financial Institutions in All Industry Sectors Are Affected

On Aug. 11, 2014, the U.S. Department of the Treasury's Financial Crimes Enforcement Network (FinCEN) issued FIN-2014-A007 (the "Advisory"). Among other things, the Advisory highlights the importance of maintaining a strong…more
| Commercial Law & Contracts, Finance & Banking, International Law & Trade

Issuance of the Mexican Secondary Laws in Connection with the Constitutional Energy Reform

As of Aug. 11, 2014, all the secondary laws pertaining to the Mexican Energy Reform (published Dec. 20, 2013), were published in the Mexican Official Gazette. The scope of the secondary laws published on Aug. 11, 2014,…more
| Commercial Law & Contracts, Constitutional Law, Energy & Utilities, Finance & Banking, International Law & Trade

Obama Administration Backtracks on Key Lobbyist Restrictions

Today, the Obama Administration issued revised guidance regarding federal lobbyists serving on federal advisory boards and commissions. Now, instead of a total ban, federal lobbyists will be able to serve in a "representative"…more
| Constitutional Law, Elections & Politics

Governor Signs Bill Regulating Retainage on Private Construction Projects - The New Retainage Law Bolsters the Mass. Construction Industry, Promotes Development and Improves Contractors' Cash Flows

On Aug. 8, 2014, Gov. Deval L. Patrick signed into law "An Act Relative to Fair Retainage Payments in Private Construction." Massachusetts now joins numerous other jurisdictions in the regulation of retainage on private…more
| Commercial Law & Contracts, Construction Law

Condo Hotel Branding: Benefits and New Risks with Rule 506(c) - Condo Hotel Projects Sold as Exempt Securities Require Informed Decisions by Brand Operators

Condominium hotels are a subject of renewed interest, buoyed by the rising tide for real estate generally. These projects are also encouraged by favorable trends for financing under the SEC's new Rule 506(c) that allows "general…more
| Commercial Law & Contracts, Communications & Media Law, Finance & Banking, Securities Law, Real Estate - Commercial

Use of Payroll Cards in Illinois to Come Under Increased Statutory Scrutiny: Gov. Quinn Signs New Amendments into Law on Aug. 6, 2014, Joining a Growing Trend Across the U.S.

Effective Jan. 1, 2015, employers in Illinois will have to follow new requirements in order to pay wages using payroll cards. The Illinois Wage Payment and Collection Act (IWPCA) currently provides for wage payment by check or…more
| Labor & Employment Law

Executive Order Creates New Disclosure Obligations for Government Contractors: Once Implemented, the Order Will Fundamentally Alter the Relationships Between Prime and Subcontractors

The July 31, 2014, executive order, "Fair Pay and Safe Workplaces," introduces a broad federal contractor reporting scheme that alters the relationship between prime and subcontractors, creates an obligation for contracting…more
| Alternative Dispute Resolution (ADR), Civil Rights, Construction Law, Labor & Employment Law, Government Contracting

Religious Institutions: August 2014

If the Internal Revenue Service (IRS) had a moratorium on enforcing §501(c)(3) electioneering restrictions against churches and religious organizations, the IRS states that it has been lifted incident to the settlement and…more
| Constitutional Law, Zoning, Planning & Land Use, Health, Taxation, Nonprofit Law

Raising Loan-to-Value with a Credit Tenant Lease

As the commercial real estate debt market continues to rise, owners and developers are becoming aware of an alternative to more traditional financing products – credit tenant lease finance. In some instances, credit tenant lease…more
| Commercial Law & Contracts, Finance & Banking, Real Estate - Commercial

Clicking “I Agree” Renders Mandatory Arbitration Provision Enforceable

Day in and day out, Internet users sign various forms of agreements for a variety of reasons, from joining a dating site, to participating in an online auction, to uploading media to a storage locker. These agreements, sometimes…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Commercial Law & Contracts, Science, Computers, & Technology

UPDATE: D.C. Circuit Clarifies Standard for Required Factual Disclosures

The D.C. Circuit issued its en banc opinion in American Meat Institute v. U.S. Department of Agriculture. The Court agreed with the panel's decision and specifically held that the test for assessing government mandates requiring…more
| Administrative Law, Agriculture, Civil Procedure, Communications & Media Law, Constitutional Law

SEC Modifies MCDC Initiative

On July 31, 2014, the Securities and Exchange Commission (SEC) issued a press release regarding an extension of the deadline for its Municipalities Continuing Disclosure Cooperation initiative (MCDC). The extended deadline…more
| Commercial Law & Contracts, Finance & Banking, Securities Law

Post-Employment Rules and Restrictions for Former Federal Government Officials

Thinking of hiring a former federal government official? Better know the post-employment rules and restrictions: Lifetime Ban - Former Executive Branch Employees and Officials may not "switch sides" in relation to a…more
| Elections & Politics, Labor & Employment Law
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