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Morgan Lewis

Department of State Releases June 2012 Visa Bulletin

Immigrant visas have become unavailable for Indian and Chinese nationals in the EB-2 category; DOS indicates that it may be necessary to establish a cutoff date for the EB-1 category. The U.S. Department of State (DOS) has…more

| Immigration Law, Labor & Employment Law

FERC Denies Rehearing of Order No. 1000

Pre-Order No. 1000 transmission planning and cost-allocation requirements are inadequate and a possible threat to the development of efficient or cost-effective transmission. On May 17, the Federal Energy Regulatory…more

| Administrative Law, Energy & Utilities

District Court Blocks New NLRB Election Procedures

This highly anticipated decision strikes down the NLRB's new election procedures in their entirety, finding the Board did not act with the required three-member quorum when it approved the final rules in December 2011…more

| Administrative Law, Civil Remedies, Elections & Politics, Labor &...

Proposed Regulations Offer New Examples of Program-Related Investments

New examples describe additional charitable purposes and investment structures for PRIs. The Internal Revenue Service (IRS) and the Treasury Department have issued long-awaited proposed Treasury Regulations providing nine…more

| Administrative Law, Business Organizations, Finance & Banking, Nonprofit...

Eleventh Circuit Rejects FTC Challenge to Reverse Payment Settlement

Decision by court of appeals affirms that settlements that do not expand the exclusionary scope of a patent are not subject to antitrust challenge. On April 25, the U.S. Court of Appeals for the Eleventh Circuit affirmed a…more

| Antitrust & Trade Regulation, Civil Procedure, Commercial Law &...

Employers Urged to File H-1B Petitions Without Delay

Increased demand over previous years could see H-1B visas exhausted by June 2012 or earlier. U.S. Citizenship and Immigration Services (USCIS) announced that as of April 27, U.S. employers have filed for 29,000 H-1B visas…more

| Immigration Law, Labor & Employment Law

Department of Labor Releases Guidance on New Disclosure Rules

Guidance contains clarifications of participant-level disclosures and "good faith" standard for enforcement purposes. On May 7, the U.S. Department of Labor (DOL) released guidance, in the form of "frequently asked…more

| Administrative Law, Finance & Banking, Labor & Employment Law

FERC Denies Market-Based Rate Application

Failure to provide detailed cost data relating to the provision of oil transportation service causes FERC to deny a pipeline's request to charge market-based initial rates…more

| Administrative Law, Commercial Law & Contracts, Energy & Utilities,...

Federal Agencies Move to Regulate Aspects of Hydraulic Fracturing

The U.S. Department of the Interior issues proposed rules for hydraulic fracturing on federal and Indian lands; the U.S. Environmental Protection Agency issues draft Underground Injection Control program permitting guidance for…more

| Administrative Law, Energy & Utilities, Environmental Law, Indigenous...

Phase 2 of Massachusetts CORI Changes Set to Take Effect

Employers taking advantage of increased access to criminal offender record information must comply with strict information-dissemination and recordkeeping guidelines. The final slate of changes implemented by the 2010…more

| Administrative Law, Labor & Employment Law

HHS Plugs Payment Suspensions as Key Tool in Latest Takedown

The Medicare Fraud Strike Force's use of a pivotal ACA regulation to suspend payments during criminal investigations signals a turning point in its prosecution strategy. On Wednesday, May 2, U.S. Attorney General Eric…more

| Administrative Law, Criminal Law, Health, Insurance

Preparing for the U.S. Supreme Court’s Healthcare Decision

By taking a number of interim steps, employer group health plans can position themselves to respond quickly and appropriately — whether healthcare reform is upheld, partially upheld, or struck down. After three riveting…more

| Administrative Law, Health, Insurance, Labor & Employment Law

New NLRB Election Rules Go into Effect April 30

The Board's Acting General Counsel has issued guidance on the rules; their full impact will depend on the outcome of a lawsuit challenging their implementation, with a decision due by May 15. The National Labor Relations…more

| Administrative Law, Elections & Politics, Labor & Employment Law

EEOC Broadens and Clarifies Scope of Title VII Enforcement

Equal Employment Opportunity Commission extends Title VII protection to transgendered individuals, and provides updated guidance for employers on the consideration of arrest and conviction records in employment…more

| Administrative Law, Civil Rights, Labor & Employment Law

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