K&L Gates LLP

K&L Gates Center 210 Sixth Avenue
Pittsburgh, PA 15222-2613, United States

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U.S. Export-Import Bank Financing of Australian LNG Project Avoids Endangered Species Act Challenge – For Now

In the K&L Gates’ Global Government Solutions 2014 Annual Outlook, we reported on a case filed in the U.S. District Court for the Northern District of California raising questions about whether inter-agency consultations…more
| Civil Procedure, Energy & Utilities, Environmental Law, Finance & Banking, International Law & Trade

North Carolina Supreme Court Clarifies the Enforceability of Waivers and Releases of Claims and Defenses in Forbearance Agreements

On August 20, 2014, the North Carolina Supreme Court issued an opinion clarifying the enforceability of waivers and releases of claims and defenses granted by borrowers and guarantors in forbearance agreements. RL REGI N.C., LLC…more
| Commercial Law & Contracts, Finance & Banking, Real Estate - Commercial

Tax Policy Issues Prepare for a Rumble on the Gridiron

The clock is running out on the 113th Congress. While the calendar says we are not quite at the two-minute warning, with a truncated September congressional schedule and the campaign season taking up much of the fall, the final…more
| Commercial Law & Contracts, Elections & Politics, Energy & Utilities, International Law & Trade, Taxation

Should You Pay for Something You’re Not Getting? The Pennsylvania Supreme Court Will Take Up Shedden v. Anadarko E&P Company, L.P.

The Pennsylvania Supreme Court will consider whether an oil and gas lessee’s refusal to pay a “bonus” on acreage that the lease supposedly conveyed to it, but that the lessor did not own at the time of leasing and had not…more
| Civil Procedure, Commercial Law & Contracts, Energy & Utilities, Real Estate - Residential, Real Estate - Commercial

Case alert: Failure to interview disabled employee amounted to disability discrimination

In London Borough of Southwark v Charles, the EAT decided that the London Borough of Southwark (the "Borough") had failed in its duty to make reasonable adjustments when it refused to assess by other less formal means the…more
| Civil Rights, Labor & Employment Law

No UK corporation tax deduction for penalty imposed under the code of the Fédération Internationale de l'Automobile ("FIA")

In an appeal by HMRC against a decision of the First-tier Tribunal ("FTT"), the Upper Tribunal (Tax and Chancery Chamber) ("UT") decided that a penalty imposed on McLaren Racing Limited ("McLaren") in respect of a breach of the…more
| Art, Entertainment, & Sports Law, Civil Procedure, Commercial Law & Contracts, International Law & Trade, Taxation

Confirmation That the Limitation Period for 'Building Actions' is 10 Years, Not Six

The recent Victorian Court of Appeal decision of Brirek Industries Pty Ltd v McKenzie Group Consulting (Vic) Pty Ltd [2014] VSCA 165 (Brirek Case) has settled the appropriate time period, at least in Victoria, in which a…more
| Civil Procedure, Commercial Law & Contracts, Construction Law, Personal Injury, Zoning, Planning & Land Use

Opportunity to Compete Act “Bans the Box” in New Jersey

On August 11, 2014, New Jersey Governor Chris Christie signed into law the “Opportunity to Compete Act.” Commonly referred to as a “Ban the Box” law, it will prohibit employers from inquiring about an applicant’s criminal…more
| Civil Rights, Labor & Employment Law

Permanent Injunction of Pennsylvania’s Prohibition against Establishment of Political Committees to Receive Contributions of Corporate and Labor Union Contributions for Independent Campaign Expenditures

On August 13, 2014, an order was issued by the U.S. District Court for the Middle District of Pennsylvania in the matter of General Majority PAC v. Carol Aichele permanently enjoining implementation and enforcement of provisions…more
| Civil Remedies, Commercial Law & Contracts, Constitutional Law, Elections & Politics, Finance & Banking

Antitrust Considerations Surrounding Health Care Consolidation Among Hospitals and Physicians

The Affordable Care Act (“ACA”) has resuscitated the demand for hospital and health care provider mergers. The law explicitly encourages collaborative care—through, for example, financial incentives surrounding the creation of…more
| Antitrust & Trade Regulation, Mergers & Acquisitions, Health

Critical Habitat and the Endangered Species Act: Proposed Revisions to Fundamental Regulatory Concepts

On May 12, 2014, the U.S. Fish and Wildlife Service (“FWS”) and the National Marine Fisheries Service (collectively, the “Services”) issued notices of proposed rules and a proposed policy related to the designation of critical…more
| Administrative Law, Environmental Law, Zoning, Planning & Land Use

Board Responsibilities Under SEC's Money Market Fund Reform

On July 23, 2014, the Securities and Exchange Commission (the SEC) adopted final rules governing the structure and operation of money market funds (MMFs), in a release adopting amendments to Rule 2a-7 (Rule) under the Investment…more
| Commercial Law & Contracts, Finance & Banking, Securities Law

It’s a Whole New Game in Opalinski v. Robert Half International, Inc. – Third Circuit Rules That Courts Decide the Availability of Classwide Arbitration

There are significant differences between individual (or “bilateral”) arbitration and classwide arbitration that can substantially affect the nature of arbitration as a dispute resolution mechanism. Individual arbitration can be…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Commercial Law & Contracts

Federal Court Clarifies Requirements of Section 561 of the Corporations Act

In Saker, in the matter of Great Southern Limited [2014] FCA 771 (Saker) the Federal Court considered the question of whether liquidators are trustees of funds said to be held for priority employee creditors, pursuant to section…more
| Bankruptcy, Commercial Law & Contracts, Finance & Banking

Pennsylvania Issues Regulations Under Excessive Overtime in Health Care Act

On July 19, 2014, the Pennsylvania Department of Labor and Industry published new regulations to implement certain provisions of the Prohibition of Excessive Overtime in Health Care Act, 43 P.S. §§ 932.1 to 932.6 (the "Act")…more
| Administrative Law, Labor & Employment Law, Health
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