McDermott Will & Emery

227 West Monroe Street
Chicago, IL 60606, United States

  • +1 312 372 2000
  • +1 312 984 7700

EuGH: Fettleibigkeit kann als Behinderung vor Kündigung schützen

Bei der Kündigung eines stark übergewichtigen Arbeitnehmers sollten Arbeitgeber in Zukunft besondere Vorsicht walten lassen. Denn der EuGH hat entschieden, dass krankhafte Fettleibigkeit („Adipositas“) als Behinderung gelten…more
| Civil Procedure, Civil Rights, Labor & Employment Law

Senate Approves Energy Tax Extenders

On Tuesday, December 16, 2014, the U.S. Senate passed the tax extenders bill by a vote of 76-16, extending a number of energy tax incentives through the end of the year. The Senate’s passage of H.R. 5771 followed the U.S. House…more
| Construction Law, Elections & Politics, Energy & Utilities, Environmental Law, Taxation

Article 29 Working Party Adopts Procedure on Approval of Model Clauses

On 26 November 2014, the Article 29 Working Party adopted a working document on establishing a cooperation procedure for issuing common opinions on whether contractual clauses are compliant with the European Commission’s Model…more
| Commercial Law & Contracts, Consumer Protection, Privacy, International Law & Trade, Science, Computers, & Technology

NYS Tax Department Reverses Position on Statutory Residence Rule

The New York State Department of Taxation and Finance (the Department) has backed off from an aggressive position that it has been taking in cases involving New York residence issues…more
| Civil Procedure, Taxation

Aerospace & Defense Series: Leading Antitrust Considerations for M&A Transactions

Aerospace and defense contractors engage in a wide range of mergers, acquisitions and joint venture transactions. Like all companies, aerospace and defense contractors need to be sensitive to antitrust considerations that might…more
| Antitrust & Trade Regulation, Mergers & Acquisitions, Government Contracting

Upcoming Health and Welfare Plan Requirements Checklist for Employers #2

As 2014 draws to a close, employers should turn their attention to several upcoming compliance obligations for the health and welfare benefit plans they sponsor. Below is a list of upcoming health and welfare compliance…more
| Health, Labor & Employment Law, Taxation

Hazardous Waste Recycling Regulations – the Latest Chapter

“A long time ago in a [May 19, 1980 Federal Register] far, far away [or so it seems],” the U.S. Environmental Protection Agency (EPA) declared its authority to regulate all hazardous secondary material, whether discarded or…more
| Administrative Law, Environmental Law

CMS Proposes Recognition of Same-Sex Spouses

On December 12, 2014, CMS issued proposed regulations that would add recognition of same-sex spouses to the Conditions of Participation (CoPs) and Conditions for Coverage (CfCs) relevant to patients in hospitals, ambulatory…more
| Civil Rights, Health

Arbitrator Should Decide Whether Dispute Falls Within the Scope of the Arbitration Clause

U.S. Nutraceuticals, LLC v. Cyanotech Corp. - Addressing who should decide whether a dispute falls within the scope of an arbitration clause, the U.S. Court of Appeals for the 11th Circuit reversed a district court’s…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Commercial Law & Contracts

Taxpayer Overcomes New Jersey Amnesty Penalty

The Supreme Court of New Jersey recently affirmed a decision that amnesty and late-filing penalties did not apply to the taxpayers in United Parcel Serv. Gen. Servs. Co. v. Dir., Div. of Taxation, No. 072421 (N.J. Dec. 4,…more
| Civil Procedure, Commercial Law & Contracts, Taxation

The UK’s New Diverted Profits Tax

The UK Treasury has published the draft legislation for the new Diverted Profits Tax (DPT), which it plans to introduce from 1 April 2015. This has been unofficially described as the “Google Tax”, and represents part of the UK…more
| Commercial Law & Contracts, International Law & Trade, Taxation

Deutsche Rentenversicherung Bund stellt Informationen zur Versicherungspflicht von Syndikusanwälten online

Nachdem das Bundessozialgericht am 3. April 2014 entschieden hat, dass abhängig beschäftigte Rechtsanwälte (sog “Syndikusanwälte”) zwingend der Versicherungspflicht in der gesetzlichen Rentenversicherung unterliegen, hat nun…more
| Labor & Employment Law, Insurance

Confidentiality Agreements Not Enforceable in Absence of Reasonable Efforts to Preserve Confidentiality

nClosures Inc. v. Block and Company, Inc. - Applying Illinois law, the U.S. Court of Appeals for the Seventh Circuit reminded prospective business partners that non-disclosure agreements will not be effective by…more
| Civil Procedure, Civil Remedies, Commercial Law & Contracts, Business Torts, Intellectual Property

An Update on the Cybersecurity Framework and Action Items for NIST

The National Institute of Standards and Technology (NIST) recently released an update on its Framework for Improving Critical Infrastructure Cybersecurity (The Framework). The Framework was first issued in February 2014 as a…more
| Commercial Law & Contracts, Privacy, Science, Computers, & Technology

Fabricating Evidence and Losing Arbitration

Seagate Tech., LLC v. W. Digital Corp - Addressing an issue of whether an arbitrator inappropriately sanctioned a party that had been found to have fabricated evidence and whether the arbitrator refused to consider…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Civil Remedies, Labor & Employment Law, Intellectual Property
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