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Newsletters / Alerts

All Newsletters / Alerts

A client alert concerning OSHA’s new anti-retaliation and anti-discrimination rules was published on October 6, 2016. That bulletin can be found by following this link. The deadline for compliance set forth in that client alert was November 1. That compliance deadline has been moved to December 1, 2016, as a result of a request from the US District Court, Northern District of Texas to OSHA to delay enforcement in a case pending before that Court challenging the new rule.
On Tuesday, October 4, 2016, OSHA issued a request for comments concerning a number of rules that, if changed, will have wide-ranging impacts on employers in all sectors, but most especially on employers in the construction sector.
The focus of the vast majority of articles and publications about the new recordkeeping rules relates to OSHA’s “new” prohibition against mandatory post-incident drug and alcohol testing. In short, these new anti-discrimination and anti-retaliation rules come into effect on November 1, 2016, and will effectively ban a number of common practices adopted by many employers.
Reforms on the island nation of Cuba have attempted to loosen burdensome governmental control and establish private sector economic expansion to limit dependency on the state. One of those initiatives is the Port of Mariel, a Brazilian financed deep-water port seeking to accommodate the world’s largest cargo ships and establish a “free trade zone” for international interests with no apparent Cuban government mandated partnership.
On September 13, 2016, New York Governor Andrew M. Cuomo announced a new proposed regulation that would require banks, credit unions, insurance companies, and other financial services institutions regulated by the New York’s Department of Financial Services (DFS) to implement and maintain a cybersecurity program.
Even businesses that have well-developed emergency policies will face many questions related to employee leave and safety during and after a natural disaster. The recent catastrophic flooding in Louisiana has resulted not only in damage to business properties, but also to the homes and neighborhoods of its employees.
On August 18, 2016, Insurance Commissioner Jim Donelon issued an Emergency Rule that will impact the adjustment of claims related to the recent catastrophic flooding in over 20 Louisiana parishes. This Rule will be in effect until September 10, 2016.
In a new, unpublished decision in the U.S. Court of Appeals, the Fourth Circuit affirmed a bankruptcy court’s order re-characterizing a portion of a loan to a bankruptcy debtor purchased by a creditor as equity instead of debt, impairing that creditor’s ability to recover from the debtor.
Due to recent flooding, individuals and families in Louisiana may be eligible for federal assistance if they live, own a business, or work in the disaster area. Insurance will also play a vital role in the recovery of real property, personal property and business interests. This checklist should act as a preliminary guide to help you organize during the initial phases of recovery.
Buried beneath the politically-charged headlines of recent weeks regarding Secretary Hillary Clinton’s emails lies a cautionary tale on a subject a surprising number of lawyers and their clients give little thought: eDiscovery. From an initial document set of over 60,000 emails residing on Secretary Clinton’s private servers, her legal team was tasked with identifying “work-related” emails for production to the State Department.