News & Analysis as of

Waivers

Currents - Energy Industry Insights - December 2017

WV DEP Waives Clean Water Act Authority Over Atlantic Coast Pipeline - "The West Virginia Department of Environmental Protection waived the state's authority under the federal Clean Water Act to determine if another major...more

Local Government Contracts and Buying American

by Bilzin Sumberg on

In April 2018, President Trump issued an Executive Order calling for stricter enforcement of the federal government’s “Buy American” laws. These laws have been on the books for several decades and generally require that the...more

Swiss Court affirms parties’ right to waive set-aside of arbitration award

by Dechert LLP on

In a 17 October 2017 decision with significant implications for arbitration agreements between international parties, the Swiss Supreme Court held that the parties had validly waived their right to challenge an international...more

The Enforceability of Waiver of Defense Provisions in Guaranty Agreements

by Stinson Leonard Street on

It has been said that a guarantor is a fool with a pen. Even the Bible warns, "whoever puts up security for a stranger will surely suffer, but whoever refuses to shake hands in pledge is safe." Proverbs 11:15, NIV. That...more

Obtaining Additional Time for a Family Law Hearing: What You Need to Know

by Jaburg Wilk on

The Facts - In Reyes v. Neill 1, Division One of the Arizona Court of Appeals addressed the question of whether the Court abused its discretion by failing to permit adequate time for the parties to present testimony and...more

UAS Integration Program - Up And Running

by SmithAmundsen LLC on

President Trump's administration has announced the creation of a new Integration Pilot Program. According to the president, “Our nation will move faster, fly higher, and soar proudly toward the next great chapter of American...more

Tethered Drone Operator’s Part 107 Waiver Granted by FAA

A Columbus, Ohio based company, CivitasNow, has just become the second company ever (CNN was the first) to be granted a Part 107 waiver to fly drones over people by the Federal Aviation Administration (FAA). ...more

Federal Circuit Concludes that TC Heartland Was a Change in the Law, Reviving Venue Transfer Motions for Defendants Previously...

On November 15, 2017, the United States Court of Appeals for the Federal Circuit resolved a split among district courts on the question whether the United States Supreme Court’s TC Heartland decision constituted a change in...more

Video Game Software Industry Seeks a Final Disabilities Access Waiver Extension

by Kelley Drye & Warren LLP on

The Federal Communications Commission (“Commission” or “FCC”) recently released a Public Notice seeking comment on a petition filed by the Entertainment Software Association (“ESA”) seeking a one year final extension of its...more

Could Labor Law Waivers Foster Legislative Change And Spur The Gig Economy?

by Fisher Phillips on

It is no secret that labor laws have been unable to keep pace with the changing economy. Recently, however, it appears the effort to spur change has been resuscitated, as proposals come in from the left (former SIEU head...more

Alert: When Will Video Game Software Need to Meet FCC Accessibility Requirements?

by Cooley LLP on

Since 2010, equipment and technology that allow consumers to communicate with each other using "advanced communications services" (ACS) has been required to provide access for consumers with disabilities. For video games,...more

New Jersey Bill Seeks to Codify Two-Year Statute of Limitations and to Prohibit Waivers of Employee Rights Under the NJLAD

On May 19, 2017, a bill to codify the statute of limitations for claims filed pursuant to the New Jersey Law Against Discrimination (NJLAD) and prohibit certain waiver provisions in employment contracts, advanced in the New...more

CAS Legal Mailbag Question of the Week – November, 2017

by Shipman & Goodwin LLP on

Dear Legal Mailbag: My brother-in-law is a first-shift foreman at our local Skippy Peanut Butter factory, and he has offered to make the factory available for field trips for our middle school students. I think that he and...more

ERISA’s Six-Year Statute of Repose for Fiduciary-Breach Claims Can Be Tolled

The Eleventh Circuit ruled that ERISA’s six-year statute of repose can be tolled by the parties even though it is a statute of repose. During pre-litigation negotiations between the U.S. Department of Labor and a trustee of...more

USCIS Expands Interview Requirements to Employment-Based Permanent Resident Applications

by McNair Law Firm, P.A. on

On October 1, 2017, United States Citizenship and Immigration Services (“USCIS”) began phasing-in interviews for all employment-based green card applicants. Interviews have always been mandatory, but historically USCIS has...more

New Jones Act Legislation Pending, with Puerto Rico Focus - Is Temporary Jones Act Relief Possible for Reconstruction?

by Holland & Knight LLP on

• Four bills are currently pending in Congress to repeal or limit the reach of the Jones Act, including three that are focused upon relief efforts to assist Puerto Rico after the disastrous effects of Hurricane Maria. •...more

Model Leave Request, Certification and Waiver Forms Issued for the New York Paid Family Leave Law

With the January 1, 2018 effective date for the New York Paid Family Leave Law fast approaching, the New York State Workers’ Compensation Board (“WCB”) has issued model paid family leave (“PFL”) request and certification...more

The Importance of Strictly Complying with Notice Requirements on Australian Projects

by Jones Day on

The Situation: Australian courts have regularly maintained that contractors must strictly comply with any express conditions for extra time or money under construction contracts, including conditions requiring written notice...more

Manatt on Health: October 2017

Massachusetts Waiver Amendment Requests Partial Expansion and Closed Formulary - On September 8, 2017, Massachusetts submitted a waiver amendment request to the Centers for Medicare & Medicaid Services (CMS) to modify its...more

ALJ Shaw: ITC is a Viable Forum for Enforcement of SEPs

The public version of ALJ Shaw’s Initial Determination (ID) in U.S. International Trade Commission (ITC) investigation Certain Magnetic Data Storage Tapes and Cartridges Containing the Same, Inv. No. 337-TA-1012 (1012...more

Department of Homeland Security Approves Jones Act Waiver for Deliveries to Puerto Rico

by Blank Rome LLP on

Action Item: On September 28, 2017, Acting Department of Homeland Security (“DHS”) Secretary Elaine Duke issued a 10-day Jones Act waiver in the interest of national defense and in response to the devastation caused by...more

Making Sense of the Jones Act Waiver Conundrum

by Cozen O'Connor on

In response to the Governor of Puerto Rico’s request, the Department of Homeland Security (DHS) waived the Jones Act on Thursday. The waiver covers all products shipped to Puerto Rico laded on board a vessel over the next ten...more

Travel Ban Expires, Replaced by Presidential Proclamation Restricting Travel for Certain Nationals of Chad, Iran, Libya, North...

by Dickinson Wright on

On September 24, 2017, President Trump issued a proclamation entitled, “Enhanced Vetting Capabilities and Processes for Detecting Attempted Entry into the United States by Terrorists or Other Public-Safety Threats” (“the...more

Chris Lazarini Examines Dismissal of Claims Applying Res Judicata Standard

by Bass, Berry & Sims PLC on

Bass, Berry & Sims attorney Chris Lazarini examined a case filed by Morgan Stanley against Defendant in a FINRA arbitration over an un-paid promissory note. The Defendant answered without asserting counterclaims, but later...more

DHS Approves Waiver of the Jones Act for Puerto Rico

by Holland & Knight LLP on

Acting Secretary of Homeland Security Elaine Duke on Sept. 28, 2017, approved a waiver of the Jones Act in response to the severe impact Hurricanes Irma and Maria have had on Puerto Rico. The U.S. Department of Homeland...more

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Cybersecurity

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