News & Analysis as of

Extensions

12 Months of Additional ADA Leave Not Reasonable, Court Says - Three Lessons to Be Learned From 1st Circuit Decision

by Fisher Phillips on

A federal appellate court recently ruled that an employee’s request for 12 months of additional medical leave was not reasonable, and thereby upheld the dismissal of her Americans with Disabilities Act (ADA) lawsuit against...more

Tax Court Rules that Extensions of Variable Prepaid Forward Contracts Do Not Result in Taxable Exchanges

by Proskauer - Tax Talks on

Last week, in McKelvey v. Commissioner¸ the U.S. Tax Court held that the extension of a typical variable prepaid forward contract (“VPFC”) did not give rise to a taxable exchange to the obligor because a VPFC is solely an...more

DOL Charts a New Course for ERISA's Fiduciary Rule

by Dechert LLP on

The U.S. Department of Labor (DOL) published a final rule on April 7, 2017 (Final Extension),1 delaying for 60 days the applicability date of the new rule defining who is a fiduciary under ERISA (Fiduciary Rule)2 and related...more

ERISA's Fiduciary Rule - Not Dead Yet?

by Dechert LLP on

The controversial new fiduciary regulation of the U.S. Department of Labor (the “DOL”), together with related new and amended “prohibited transaction” exemptions (collectively, the “Rule”), had been scheduled to become...more

Ballast Water Management: Latest Developments

by Blank Rome LLP on

Maritime Executive - Ballast water management has been one of the most challenging and oftentimes frustrating regulatory issues of the past decade. The principal reason is that the international regime under the...more

In a significant change, 2nd Circuit requires strict compliance with Department of Labor claim regulations

by Thompson Coburn LLP on

At least in the 2nd Circuit, new pitfalls await ERISA administrators processing claims and appeals from adverse benefit determinations. If that administrator fails to comply strictly with all Department of Labor regulations...more

USCIS Suspends Premium Processing for ALL H-1B Petitions

by Foley Hoag LLP on

Late Friday, March 3, the United States Citizenship and Immigration Services (USCIS) announced that it was indefinitely suspending premium processing for ALL H-1B petitions filed on or after April 3, 2017. This suspension...more

Opportunity to Extend Development Orders and Permits for Almost 16 Months

Holders of permits and development orders have the opportunity to toll the period remaining to exercise rights under the permit or order for nearly 16 months. Section 252.363 of the Florida Statutes permits a tolling of...more

State Water Board Releases Latest Round of Proposed Emergency Drought Regulations for California*

by Best Best & Krieger LLP on

The State Water Resources Control Board released this week a formal proposal to extend the emergency statewide drought regulations that have been in effect for California in various forms since early 2015. Cities, counties,...more

Drought Emergency Regulations Extended Again

by Best Best & Krieger LLP on

Despite objections from many water suppliers that drought conditions have ended, the State Water Resources Control Board this week voted unanimously to extend emergency water conservation regulations throughout California....more

New Executive Order for Hurricane Matthew Further Extends Tolling Period for Certain Permits and Approvals

by Akerman LLP on

Executive Order (EO) 17-16, issued by Governor Scott on January 26, 2017, provides a second 60-day extension of the state of emergency declared for Hurricane Matthew. The original 60-day emergency declaration (EO 16-230),...more

New USCIS Regulations To Retain High-Skilled Nonimmigrant Workers

by Dickinson Wright on

The US Citizenship and Immigration Services (“USCIS”) published new regulations effective January 17, 2017 which modernize and improve aspects of certain employment-based nonimmigrant and immigrant visa programs. The...more

New Executive Order on Zika Virus Extends Tolling Period Available for Certain Development Permits and Approvals

by Akerman LLP on

On June 23, 2016 Governor Scott issued Executive Order 16-149 declaring a state of emergency in certain Florida counties due to the threat posed by the Zika virus. That state of emergency was extended in August and October...more

U.S. Coast Guard Issues First Ballast Water Management System Type-Approval Certificate and New Policy Guidance

by Blank Rome LLP on

Action Item: Vessel owners and operators should re-evaluate their plans to comply with U.S. ballast water management (“BWM”) requirements in light of the U.S. Coast Guard’s type-approval of Optimarin AS’ UV-based treatment...more

Federal Reserve Board Announces Procedures to Request an Extended Transition Period to Conform Illiquid Funds to the Volcker Rule

by Morrison & Foerster LLP on

On December 9, 2016, the Board of Governors of the Federal Reserve System (“Federal Reserve Board”) issued SR 16-18, “Procedures for a Banking Entity to Request an Extended Transition Period for Illiquid Funds” (“SR 1618”). A...more

New Executive Order for Hurricane Matthew Adds to Tolling Period for Certain Development Approval Extensions

by Akerman LLP on

On October 3, 2016, Governor Scott issued Executive Order 16-230 declaring a 60-day state of emergency throughout the entire State of Florida, due to the threat posed by Hurricane Matthew. On December 1, 2016, the Governor...more

Much-Anticipated Section 871(m) Dividend Equivalent Guidance Provides Promised Transition Relief

by Dechert LLP on

The U.S. Internal Revenue Service (the “IRS”) has released Notice 2016-76, providing anticipated guidance and transition relief for certain dividend equivalent transactions described in section 871(m) of the U.S. Internal...more

USCIS Publishes Final Rule For Certain Employment-Based Immigrant and Nonimmigrant Visa Programs

by Bracewell LLP on

USCIS has published a final rule to modernize and improve several aspects of certain employment-based nonimmigrant and immigrant visa programs and to better enable U.S. employers to hire and retain certain foreign workers who...more

Mississippi CON Report

Certificates of Need Approved and Staff Recommendations – October 2016 - A. Letters of Intent to Change Ownership - None - B. Determinations of Reviewability - 1. University of Mississippi Medical Center...more

Update on Permit Extensions Under Toxic Algae Bloom Emergency Declaration

by Akerman LLP on

Section 252.363, Florida Statutes, provides a right to extend the duration of certain state and local permits when the Governor has declared a state of emergency. On June 29 and June 30, 2016, the Governor declared a state of...more

Governor Scott Extends State of Emergency For Zika Virus, Providing Additional Extension Opportunity for Certain Development...

by Akerman LLP on

This summer Governor Scott issued an emergency declaration applicable to 24 Florida Counties, due to an outbreak of the Zika virus. Florida Statute 252.363 provides an extension for permits and authorizations when the...more

USCIS Rolls Out the Blanket L Revised Form I-129S Effective Date

Over the summer, United States Citizenship and Immigration Services (USCIS) published an updated edition of Form I-129S, Nonimmigrant Petition Based on Blanket L Petition. The new edition is dated “6/2/16.” Blanket L visa...more

Mississippi CON Report

1. Mississippi Certificate of Need Meetings during September 2016 - During the September 29, 2016, Certificate of Need meeting, Dr. Mary Currier, State Health Officer, concurred with the health and planning staff...more

Executive Order for Hurricane Matthew Provides New Development Approval Extensions

by Akerman LLP on

On October 3, 2016, Governor Scott issued Executive Order 16-230 declaring a state of emergency throughout the entire State of Florida, due to the threat posed by Hurricane Matthew. This is one of several emergency...more

U.S. Ballast Water Compliance Challenges and Considerations Now That IMO’s Ballast Water Convention Has Been Ratified

by Blank Rome LLP on

Action Item: Although the ratification of the IMO’s Ballast Water Convention will not alter U.S. compliance obligations, industry stakeholders must now consider their obligations under international law to ensure compliance...more

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