• Print this page
  • |
  • Email this page

Newsletters / Alerts

All Newsletters / Alerts

In the most recent chapter of the Rosenberg involuntary bankruptcy, the Eleventh Circuit Court of Appeals has held that when a case “arising under” the Bankruptcy Code is tried by the District Court, the Federal Rules of Bankruptcy Procedure govern. Rosenberg v. DVI Receivables XIV, LLC, No. 14-14620 (11th Cir. April 8, 2016).
4/13/2016
On March 25, 2016, OSHA published new rules that will impact the way employers handle silica exposure in the workplace. One rule covers General Industry and Maritime and the other covers Construction. Both rules go into effect 90 days after publication- June 23, 2016.
3/30/2016
Landowners, lenders, contractors and title agents should familiarize themselves with the new requirements. Land title surveys are performed for a number of reasons by land owners, purchasers and lenders. The surveys generally: confirm the validity of the legal description of the property; identify the relationship of the property to adjoining properties; confirm the relationship of the recorded description of the property lines to the measured description of the property lines; identify the location of buildings and other improvements; and identify the location of easements or rights set out in recorded documents and by an inspection of the property which may reveal matters not of record.
3/16/2016
The Department of Labor (“DOL”) plans to more than double the minimum annual salary necessary for FLSA exemptions – currently $23,660 to $50,440. The DOL will likely issue a final rule later this year. This will be one of the biggest workplace regulatory changes of the year (hence, why you have probably heard so much about it). The proposed change will inevitably alter school districts’ operations through reclassification of employees, rearranged work schedules, modified job duties, etc.
3/8/2016
The Department of Labor (“DOL”) plans to more than double the minimum annual salary necessary for FLSA exemptions – currently $23,660 to $50,440. The DOL will likely issue a final rule later this year. This will be one of the biggest workplace regulatory changes of the year (hence, why you have probably heard so much about it). The proposed change will inevitably alter companies’ operations through reclassification of employees, rearranged work schedules, modified job duties, etc.
3/1/2016
Employers frequently ask what they should do when an OSHA Certified Safety and Health Officer (CSHO) seeks to interview a company witness. While counsel is always recommended in preparing employees for such interviews, the following are general considerations that should be considered when preparing company employees for their interaction with OSHA
2/26/2016
On February 1, 2016, the United States Department of Labor – OSHA announced it is extending the public comment period on an updated version of its voluntary Safety and Health Management Guidelines. The current comment period was announced on November 16, 2015 and was set to close on February 15, 2016; however, OSHA is extending the comment period to February 22, 1016.
2/12/2016
The Treasury's Office of Foreign Assets Control (OFAC) and the Department of Commerce announced new amendments to Cuban policy to "further implement the new direction toward Cuba" announced by President Obama in December 2014. The changes that took effect January 27, 2016, follow sweeping regulatory adjustments issued in September 2015, and impact businesses in the financial, agriculture, cargo, transportation, and travel industries.
2/1/2016
What happens when you make an offer they can't refuse . . . and they refuse? The Supreme Court addressed this question in the context of complete relief offers to lead plaintiffs in Campbell-Ewald Co. v. Gomez, a Telephone Consumer Protection Act (TCPA) class action. Claims under the federal Telephone Consumer Protection Act (TCPA) have become a powerful tool for consumer rights lawyers seeking to limit “robocalls” made for marketing and collection purposes. When coupled with the Rule 23 class action procedure, the $500-$1,500 relief available per offending call or text message under the TCPA can reach astronomical levels.
1/22/2016
Concerns over state courts allowing class actions to proceed, the impact on the U.S. economy, and the undue pressure on companies to settle for significant sums spurred Congress to pass the Class Action Fairness Act of 2005. Members of the U.S. House of Representatives, expressing these same concerns over class actions in federal courts, have now drafted legislation to prohibit federal courts from certifying class actions when the class is composed of individuals who have de minimis or nonexistent damages or injuries.
1/7/2016