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Newsletters / Alerts

All Newsletters / Alerts

In two separate Chapter 11 cases, Courts addressed the issue of how to account for the proceeds of collateral paid to the Secured Creditor post-petition. In the Oregon case of In re Charles A. Grogan and Sarah A. Grogan, the proposed plan required the Debtor, an operator of a Christmas tree farm, to pay the entirety of lender Harvest Capital Company’s (“Harvest”) claim since Harvest was a fully secured creditor.
12/12/2013
In late October, the primary Federal banking and financial industry regulators (Federal Reserve, SEC, CFPB, OCC, FDIC, and NCUA) issued a Proposed Interagency Policy Statement Establishing Joint Standards for Assessing the Diversity Policies and Practices of Entities Regulated by the Agencies. The agencies are required to adopt such a Policy Statement and undertake such assessments by the Dodd-Frank Act.
12/10/2013
On November 7, 2013, the United States Department of Labor -- OSHA announced several proposed changes in rules regarding recordkeeping related to workplace injuries and illnesses under Part 1904 of the Occupational Safety and Health Act.
12/10/2013

On December 3, 2013, the U.S. Department of Labor Occupational Safety and Health Administration (“OSHA”) issued a Request for Information (“RFI”) and announced that it was seeking comment from the public concerning changes to the Process Safety Management (“PSM”) standard (29 CFR § 1910.119) and other “policy options” to prevent “major chemical incidents.” This RFI was issued in response to Executive Order 13650, which was issued in response to the April 17, 2013, ammonium nitrate explosion in West, Texas, which killed 15 people.

12/5/2013
Beginning in 1970, OSHA issued standards for 29 different chemicals, including 13 carcinogens for which a Permissible Exposure Limit (PEL) was not promulgated. According to Dr. David Michaels, Assistant Secretary of Labor for Occupational Safety and Health:
11/12/2013
On October 30, 2013, the Office of the Comptroller of the Currency (“OCC”) released OCC Bulletin 2013-29, “Third-Party Relationships: Risk Management Guidance” (“Third-Party Guidance”). Whether your financial institution is regulated by the OCC or not, a detailed review of the Third Party Guidance is highly recommended to all financial institutions and third-party vendors.
11/7/2013
On August 23, 2013, OSHA released proposed new rules that will impact the way employers handle silica exposure in the workplace. These proposed changes carry a potential cost of compliance that may well run in the tens of thousands of dollars for even small to midsize companies. Indeed, most current PPE practices, e.g., respirators, will be deemed insufficient under these new rules and will require significant and expensive changes as set forth below.
10/31/2013
A Federal Appeals Court held that Mississippi’s Stop Notice Statute is Unconstitutional. Owners and general contractors are applauding a recent decision from the Fifth Circuit Court of Appeals in Noatex Corp. v. King Construction, et al., Slip Op. 12-60385, Dkt. No. 00512403459 (5th Cir. Oct. 10, 2013). Subcontractors, on the other hand, lost one of their only options to ensure they get paid when an owner or general contractor does not pay (or pay on time).
10/29/2013
Owners and general contractors are applauding a recent decision from the Fifth Circuit Court of Appeals in Noatex Corp. v. King Construction, et al., Slip Op. 12-60385, Dkt. No. 00512403459 (5th Cir. Oct. 10, 2013). Subcontractors, on the other hand, lost one of their only options to ensure they get paid when an owner or general contractor does not pay (or pay on time).
10/16/2013
All employers contracting or subcontracting with the federal government are required to gather applicant data, prepare spreadsheets and update written materials to reflect affirmative action goals and changes in recruiting sources. With regard to veterans and individuals with disabilities, employers have historically only had to update some information. This is about to change because of two new rules issued by the Department of Labor, Office of Federal Contract Compliance Programs (OFCCP), which become effective in March, 20141, making employer updates and benchmarks more stringent.
10/10/2013