K&L Gates LLP

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

  • 412.355.6500
  • 412.355.6501

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

Biggest Risk of Corruption in The Construction Industry - The Global Picture 2014

The construction industry is big business. A recent study has predicted that global construction output will increase by more than 70%, to US$15 trillion per year worldwide, by 2025. The dominant sources of this growth will be…more
| Construction Law, Criminal Law, International Law & Trade, Government Contracting

2014 Amendments Affecting Delaware Alternative Entities and the Contractual Statute of Limitations

On August 1, 2014, amendments to Delaware’s alternative business entity statutes, as well as the statute of limitations applicable to Delaware contracts, became effective. These amendments (the “2014 Amendments”) represent a…more
| Business Organizations, Civil Procedure, Commercial Law & Contracts

Federal Judge Enjoins NCAA Player Likeness Rules as Illegal Price Fixing

On August 8, 2014, a California federal judge ruled that college athletes can share in the billions of dollars generated from media contracts, finding that restraints imposed by the National Collegiate Athletic Association…more
| Antitrust & Trade Regulation, Art, Entertainment, & Sports Law, Commercial Law & Contracts, Education

Shipping 2014: United States

When does title in the ship pass from the shipbuilder to the shipowner? Can the parties agree to change when title will pass? Unless otherwise agreed by the parties, title to the vessel passes when the shipbuilder…more
| Commercial Law & Contracts, Transportation

Controversy Surrounds EEOC’s Pregnancy Discrimination Guidance

On July 14, 2014, the Equal Employment Opportunity Commission (“EEOC”) issued its controversial Guidance on Pregnancy Discrimination and Related Issues, discussing pregnant employees’ rights under the Pregnancy Discrimination…more
| Civil Rights, Labor & Employment Law

CO2 Separation Anxiety—Is the cost of separating CO2 from casinghead gas a “production” or “post-production” cost for purposes of calculating royalties in Texas?

In a recent decision, the Supreme Court of Texas concluded that the cost of removing carbon dioxide (“CO2”) from casinghead gas after completing enhanced oil recovery operations is a “post-production” cost, thus clarifying that…more
| Civil Procedure, Commercial Law & Contracts, Energy & Utilities, Real Estate - Residential

Removal of Credit Ratings References

On July 23, 2014, in connection with the adoption of final rules governing the structure and operation of money market funds, the Securities and Exchange Commission (SEC) re-proposed amendments to Rule 2a-7 to implement Section…more
| Commercial Law & Contracts, Finance & Banking, Securities Law

Russia imposes sanctions against the United States, the European Union, Australia, Canada and Norway

On 6 August Vladimir Putin, the President of Russia, signed a decree calling for a ban or limit on imports of certain agricultural products, raw materials and foodstuffs originating in the countries that have imposed economic…more
| Commercial Law & Contracts, Elections & Politics, International Law & Trade

Inherited IRAs May Not be Protected from the Reach of Creditors

In a recent decision, the Supreme Court in Clark v. Rameker held that, after the death of the IRA owner, assets in an inherited IRA for a non-spouse beneficiary are not “retirement funds,” and, therefore, are not protected from…more
| Finance & Banking, Taxation, Wills, Trusts, & Estate Planning

Illinois Cracks Down on Employers' Consideration of Criminal Histories of Prospective Employees

Furthering the trend of governmental skepticism about employers’ blind reliance on information derived from background checks, on July 19, 2014, Illinois Governor Pat Quinn signed into law the “Job Opportunities for Qualified…more
| Civil Rights, Labor & Employment Law
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Areas of Practice
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