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Exceptions

What Hospitals Need to Know About the Natural Disaster Exception to Stark Law

by Baker Ober Health Law on

Hospitals operating in regions affected by the recent hurricanes and other natural disasters may be able to obtain temporary regulatory relief. During times of disasters and emergencies, CMS can provide some flexibility...more

Australia Raises Capital Gains Withholding Rate for Foreign Residents in Real Estate Transactions

by Jones Day on

The Australian Commonwealth Government first introduced foreign resident capital gains withholding payments in July 2016 at a rate of 10 percent, in response to issues in collecting tax from foreign resident sellers and...more

Without WARN-ing: Third Circuit Clarifies WARN Act's Unforeseen Business Circumstances Exception

by Jones Day on

Valera v. AE Liquidation, Inc., the Third Circuit Court of Appeals agreed with five other circuits in holding that WARN notice was not required where an external event outside the employer's control triggering layoffs was...more

A Limited Exception - California enacts new rules governing exemption for finders in securities transactions

The California Department of Business Oversight has enacted final rules to implement an exemption from broker-dealer registration licensing requirements in California for individuals acting as “finders” in securities...more

Defence & Indemnity - June 2017 : Insurance Issues B. Stairs v. CFM Corp., 2017 NBCA 8 [4226]

by Field Law on

I. INSURANCE ISSUES B. In Alberta an insured’s settlement with a third party which releases the third party does not preclude the insured’s insurer from pursuing a subrogated claim against the third party. Elsewhere in...more

Equipment Manufacturers: Beware of the Rental Yard Customer When Safety Features Are Optional

by Wilson Elser on

Fasolas v. Bobcat of New York Appellate Division (April 1, 2017) - A typical argument made by the plaintiffs and their experts in a design defect/ product liability case is that “Safety should never be an option.” Over...more

Illinois Attorney General Limits "Probable or Imminent Litigation" Exception Under Open Meetings Act For Closed Sessions

by Holland & Knight LLP on

Illinois Attorney General Lisa Madigan has issued a binding opinion concerning action taken by the City of Bloomington City Council. The binding opinion further limits the attorney general's interpretation of the Illinois...more

WA Supreme Court Narrows Executive Session Real Estate Deliberations

by Perkins Coie on

The Washington Supreme Court significantly narrowed the ability of public agencies to discuss real estate deliberations in executive session. In a ruling on June 8, 2017, the court held that the Open Public Meetings Act...more

CBP Updates Regulations to Eliminate Consumptive Demand Exception to Prohibition on the Importation of Goods Made with Forced...

On June 8, 2017, Customs and Border Protection (“CBP”) published a final rule that removes the consumptive-demand exception from its regulations that implement the prohibition on the importation of merchandise that has been...more

The California Supreme Court Has a Banner Week, Hearing Argument in Three CEQA and Land Use Cases

by Downey Brand LLP on

On May 3–4, 2017, the California Supreme Court heard oral arguments in three cases with significant implications for California land use law. Below we summarize the main issue(s) argued in each matter and possible outcomes....more

Top 10 Things Defense Lawyers Need to Know About Lack of Good Faith Claims

by Pessin Katz Law, P.A. on

By now, every Maryland defense lawyer knows that there is a cause of action that can be leveled against insurers for lack of good faith. Most even know that this cause of action is based on Md. Code Ann., Cts. & Jud. Proc. §...more

It’s time for Profit Sharing Payment in Mexico!

As provided by the Mexican Federal Constitution and the Federal Labor Law (FLL), employees are entitled to receive profit participation on their employer’s profits every fiscal year. Ten percent of the company’s taxable...more

Is Your Background Check Too Broad? New D.C. Law Bans Requests for or Use of Credit Information

by Foley & Lardner LLP on

Credit information is often one component of a comprehensive employment background check. As we have previously reported, employers utilizing background checks performed by a credit reporting agency are subject to a number of...more

Supreme Court Holds 'Nonfrivolous' Claims Insufficient Under FSIA

by White & Case LLP on

The US Supreme Court has issued a major decision that should make it easier for foreign states and their agencies and instrumentalities to avoid unfounded suits under the Foreign Sovereign Immunities Act (FSIA)....more

Employers Beware: Indiana Supreme Court Expands the Scope of the “Duty of Care” Owed to a Subcontractor’s Employees

by Fisher Phillips on

In light of a recent decision from the Indiana Supreme Court, Indiana employers—and construction companies in particular—should review their contracts and subcontracts to determine if they have unwittingly assumed a duty of...more

Rite Aid Wins Summary Judgment in TCPA Action Involving Prerecorded, Automated Call for Flu Shot Reminder

In an outright win for pharmacies, the U.S. District Court for the Southern District of New York, in the attached opinion, granted Rite Aid’s motion for summary judgment in a class action alleging violations of the TCPA....more

Permissible Disclosures Under the Stored Communications Act

by Revision Legal on

The Stored Communications Act, which is codified at 18 USC 121, sections 2701-2712, is federal law that governs the conduct of electronic communication service providers and the voluntary and compelled disclosure of the...more

Contractors Should Start Preparing for a Possible Shutdown Now

by Holland & Knight LLP on

With less than a week before the federal government’s appropriated funding runs out, confidence in avoiding a potential shutdown is waning. Because of that, contractors should exercise prudence and immediately begin...more

New York City to ban employers from asking job applicants about salary history: compliance action steps

by DLA Piper on

New York City is on the verge of joining a growing list of jurisdictions that, in an effort to address pay equity issues, have prohibited employers from inquiring about a job applicant's salary history during the hiring...more

Court Interprets Canada's Anti-Spam Law

by Bennett Jones LLP on

There are few businesses who would disagree that Canada's Anti-Spam Law (CASL) is complex and can be confusing. Core prohibitions are extremely broad but equally are exclusions that were put in place by Industry Canada to...more

Better Late Than Never: New Mexico on the Cusp of Enacting Data Breach Notification Statute

We are anxiously waiting to learn the fate of the data breach notification statute recently passed by state lawmakers in New Mexico. The bill remains on the desk of the governor who has until the end of the week to sign the...more

Defence & Indemnity - February 2017: I. INSURANCE ISSUES B.

by Field Law on

B. The wording “as a result of a peril insured against” in an insurance policy will be interpreted to include damage that happens as a direct result of the insured peril (increased cost to bring a damaged building up to code)...more

Trump's Revised Executive Order, "Protecting The Nation From Foreign Terrorist Entry Into The United States"

by Proskauer Rose LLP on

On March 6, 2017, President Trump signed the highly anticipated and revised Executive Order (EO), "Protecting The Nation From Foreign Terrorist Entry Into The United States." The new order rescinds the previous EO issued at...more

Autodialing and Pre-Recorded Messages: the TCPA’s Trap for Unwary Lenders and Debt Collectors

by Ruder Ware on

In February 2015, a federal judge approved a $75 million Telephone Consumer Protection Act (“TCPA”) class settlement involving Capital One and three debt collectors.[1] The plaintiffs (debtors) alleged that Capital One and...more

Public Information Act: Trade Secret Loophole Threatens Government Transparency

by Jackson Walker on

Do you trust your government (and what it does with your tax dollars)? If you answered, “No”—or even hesitated a bit—then you probably believe in government transparency. In Texas, a key to open government for citizens and...more

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