News & Analysis as of

Waivers

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

DHS: Final Decision Has Not Been Made on Jones Act Waiver for Puerto Rico

by Holland & Knight LLP on

The U.S. Department of Homeland Security (DHS) on Sept. 27, 2017, said that it has not formally denied a Jones Act waiver for Puerto Rico requested on Sept. 25 by Rep. Nydia Velázquez (D-N.Y.) and seven other members of the...more

Making the Sausage: Lower Courts Grapple With the Supreme Court’s TC Heartland Venue Decision

The United States Supreme Court decided earlier this year that a 1957 opinion is still valid and still limits venue choices for patent infringement actions under 28 U.S.C. § 1400. See TC Heartland LLC v. Kraft Foods Group...more

Key California Employment Law Cases: August 2017

by Payne & Fears on

Arbitration - Sprunk v. Prisma LLC, No. B268755, 2017 WL 3614265 (Cal. Ct. App. Aug. 23, 2017) - Summary: Employer waived right to compel arbitration against class members by not timely pursuing arbitration. ...more

OIG Advisory Opinion Allows Waiver of Cost Sharing in Research Studies

by Polsinelli on

Recently, the U.S. Department of Health and Human Services, Office of Inspector General (“OIG”) issued an Advisory Opinion (17-02) that allows for waivers or reductions of cost-sharing amounts owed by financially needy...more

Michigan Grants Needed Tax Relief to Victims of Hurricanes Harvey and Irma

by Varnum LLP on

The Michigan Department of Treasury has announced that it will join taxing authorities across the country by allowing taxpayers affected by Hurricanes Harvey and Irma an extension of time in which to file state tax returns...more

Hurricane Waivers and Infrastructure Funding [Maritime and Infrastructure Federal Update]

by Cozen O'Connor on

This edition of the Cozen O’Connor Maritime and Infrastructure Federal Update highlights: (i) the unprecedented nature of the recent Jones Act waiver, (ii) available infrastructure funding through the TIGER program, (iii)...more

Fate of Last-Minute Affordable Care Act Initiatives Uncertain

by Baker Ober Health Law on

This week, the debate over the Affordable Care Act (ACA) gained new momentum in two separate, but connected channels. As the fiscal year (FY) budget reconciliation window enabling expedited passage of an ACA repeal draws to a...more

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