Rescission

News & Analysis as of

Final Disability Claims and Appeals Regulations – Be Prepared to Comply

In December 2016, the Department of Labor issued final regulations under ERISA governing claims procedures for group disability plans, which will become effective January 1, 2018. Generally, these regulations were drafted to...more

What’s New in Washington: 10 Things You Need to Know

The Trump administration and Congress continue to take on a new shape. The Presidential Transition Team officially shut its U.S. General Services Administration office on February 28, 2017, and the remaining staff moved to...more

Trump Executive Order Seeks to Limit Scope of Clean Water Act

The executive order asks agencies to repeal or revise an Obama-era rule defining the scope of the Clean Water Act and recommends adoption of a narrower standard articulated by the late Justice Scalia....more

President Trump Orders Reexamination of Controversial Federal Power Grab Under Clean Water Act

The Clean Water Act, passed in 1972, allows the EPA and the Army Corp of Engineers to regulate many activities, including development and agriculture, to the extent these activities impact Waters of the United States. Such...more

President Trump Curbs Controversial WOTUS Rule

Two days ago, President Trump issued an executive order (Order) that will scale back the U.S. Environmental Protection Agency’s (EPA) and U.S. Army Corps of Engineers’ (Corps) hotly contested “waters of the United States”...more

Red Notice Newsletter - February 2017

Acting SEC Chief Limits Subpoena Authority to Enforcement Division Acting Director - On February 15, 2017,The Wall Street Journal reported that the acting Chair of the Securities and Exchange Commission (SEC), Michael...more

Life Time Fitness Will Pay $86,000 to Settle EEOC Pregnancy Discrimination Lawsuit

Rockville Gym Rescinded Job Offer After Learning Applicant Was Pregnant, Federal Agency Charged - BALTIMORE - Minnesota-based gym company Life Time Fitness, Inc. will pay $86,000 and furnish significant relief to resolve...more

Trump Administration Rescinds Guidance on Transgender Rights under Title IX

The Trump Administration has announced that the Department of Education (DOE) and the Department of Justice (DOJ) rescinded the Obama Administration’s May 2016 Dear Colleague Letter directing that schools “treat a student’s...more

DHS Releases Memos on Immigration

On February 20, 2017, Secretary John Kelly of the U.S. Department of Homeland Security (DHS), issued two immigration memos entitled, “Implementing the President’s Border Security and Immigration Enforcement Improvements...more

Important Deadlines Loom For Landlords Under Portland Residential Renter Protection Ordinance

For a very limited time, residential landlords can rescind some pending Notices of Termination and Notices of Rent Increases that would otherwise trigger Relocation Assistance under Portland’s new Renter Protection...more

Are Federal Courts Increasingly Likely to Grant Rescission of Insurance Contracts?

Recent court decisions across a variety of industries highlight the importance of submitting complete and accurate insurance applications and renewals. When submitting an application for insurance, the applicant should...more

Congress Acts to Rescind the Already-Enjoined Fair Pay and Safe Workplaces Regulation and Other Last-Minute Obama Administration...

On February 2 the House of Representatives passed House Joint Resolution 37, which would nullify the Fair Pay & Safe Workplaces rule issued on August 25, 2016. If the identical pending joint resolution is passed by the...more

Contaminated Product Insurance Policy Held Void Due To Insured’s Misrepresentations

A federal appeals court recently held void a product contamination policy issued to H.J. Heinz Company on the basis that Heinz failed to disclose previous contamination claims on its insurance application. In 2014, Heinz...more

2016 half-year in review: M&A legal developments

We set out below a number of interesting English court decisions and market developments which have taken place and their impact on M&A transactions. This review looks at these developments and gives practical guidance on...more

What Employers Can Expect from the New Administration – Part 1: Executive Orders & Administrative Actions

What will a Trump administration do to the labor and employment law landscape? While we can’t predict for certain, we figure we can at least provide better insight than the pollsters who have spent the last year following the...more

Buyer Beware: Lessons of Disclosure Learned the Hard Way

Government contractors are learning the hard way that agencies need to be kept apprised of major changes within the company during the entire period of bid evaluations. Most recently, the Government Accountability Office...more

EFIH Noteholders Find Redemption for the Payment of Make-Whole Premiums

On November 17, 2016, the United States Court of Appeals for the Third Circuit issued a decision in which it held that holders of first lien notes and second lien notes of Energy Future Intermediate Holding Company LLC and...more

President-Elect Trump and Immigration Policy: The First Six Months – What Can we Really Expect

There is no doubt in anyone’s mind that immigration policy has been a core issue for President-Elect Trump. So, what can we expect, as a practical matter?...more

Government Contracting and Executive Orders Under a Trump Administration - Part One

With President-elect Trump’s victory, what is the future of President Barack Obama’s executive orders? As President Obama’s administration winds down, the Department of Labor has finalized regulations implementing several...more

Need To Fix That Accidental Release of a Deed of Trust?

N.C. Gen. Stat. § 45-36.6(b) provides that if a secured party erroneously records a release or satisfaction of a security instrument, then the secured party can file a document of rescission that will effectively rescind the...more

Court Compels Arbitration To Determine The Arbitrability Of Reinsurance Dispute With Captive Insurance Company

In a suit by an auto body company against a captive insurance company for rescission of certain workers compensation reinsurance participation agreements, for disgorgement of $70,000 paid thereunder, and for fraud, breach of...more

Rescission: An Underutilized Tool

The rescission of an insurance policy is one of the most underutilized tools in handling insurance claims. If used properly, it unwinds the insurance transaction and the parties are restored to their position prior to the...more

The Unwind: ‘I Don’t Want It’

In the inaugural column of ‘‘Power and Taxes,’’ we discussed the tensions surrounding the requirement that an investor be an owner when a project is placed in service in order to qualify for the investment tax credit under...more

FRANCHISEE 101: How Far Do Earnings Projections Go?

A franchisor is allowed to make "financial performance representations" in its disclosure documents. These figures may project how much money a franchisee is likely to make and can play a critical part in the franchisor's...more

Points & Authorities - Summer 2016

There Ought to be a Law: Consider This Alternative To Litigation - Government is becoming more intrusive. At the state and federal levels, a host of agencies and departments continuously create new rules for us to live...more

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