The Occupational Safety and Health Review Commission has held that the Secretary of Labor may now cite employers as "repeat" offenders based upon their corporate predecessors' violations of the Occupational Safety and Health Act. The decision in Sharon & Walter Construction Inc.
March 7, 2011
The United States, and the entire world, continues to be outraged by the appalling violence against the Libyan people. The United States is helping to lead an international effort to deter further violence, put in place unprecedented sanctions to hold the Qadhafi government accountable, and support the aspirations of the Libyan people.
March 7, 2011
New York partner Alexander Southwell, Denver of counsel Jessica Sanderson and New York associate Sharon Grysman are the authors of "The Empire State Strikes Back" [PDF] published by Law360 at www.law360.com on March 2, 2011.
March 2, 2011
New York partner Rashida K. La Lande is the author of "Private Equity Strategies for Exiting a Leveraged Buyout" [PDF] published by the Practical Law Company in March 2011.
March 1, 2011
Washington, D.C. partner John Olson and associate Aaron Briggs are the authors of "The Model Business Corporation Act and Corporate Governance: An Enabling Statute Moves Toward Normative Standards" [PDF] published in the Winter 2011 issue of Law and Contemporary Problems.
March 1, 2011
Denver partner Robert Blume, Washington, D.C. partner Andrew Tulumello and Denver of counsel Jessica Sanderson are the authors of "2010 Year-End False Claims Act Update: Part 1" [PDF] published in the March 2011 issue of Westlaw Journal's Health Care Fraud.
March 1, 2011
On Friday, February 25, 2011 President Obama issued an Executive Order blocking property and prohibiting certain transactions related to Libya.
February 28, 2011
Los Angeles partner Gail Lees, San Francisco partner G. Charles Nierlich, Washington, D.C. partner Andrew Tulumello and Los Angeles partner Christopher Chorba are the authors of "A Return to the Wild West for Calif.
February 28, 2011
New York partners Mark K. Schonfeld and Barry R. Goldsmith, Washington, D.C. partner John H. Sturc, and Denver associate Monica K. Loseman are authors of "Securities Enforcement 2010 Year-End Review" [PDF] published in the February 2011 issue of INSIGHTS, Volume 25, Number 2.
February 28, 2011
Los Angeles associate Colin C. Richard is the author of "How the U.S. Government's Market Activities Can Bolster Mobile Banking Abroad," published in the Washington University Law Review, February 2011.
February 28, 2011
Washington, D.C. partner Diana Richard spoke at Thomson West's Government Contracts Year In Review on FAPIIS, OCI and Proposed DFARS Rule to Require Withholding of Payments to Contractors for Deficient Business Systems [PDF].
February 25, 2011
Printable PDF The year 2010 saw increasing "power ball" fines and an increasing focus on export enforcement at the Office of Foreign Assets Control ("OFAC") within the United States Department of the Treasury.
February 23, 2011
Printable PDFOn February 11, 2011, the California Supreme Court issued Pineda v. Williams-Sonoma Stores, Inc., 2011 WL 446921, -- Cal. 4th -- (Cal. Feb.
February 23, 2011
On February 11, 2011, the German Parliament approved the bill for the so-called "Investor Protection and Capital Markets Improvement Act" (Anlegerschutz- und Funktionsverbesserungsgesetz) which is part of the ongoing legislative activity responding to the financial crisis.
February 18, 2011
Printable PDFOn February 15, 2011, the Delaware Court of Chancery issued an important opinion upholding the continued vitality of the poison pill as an appropriate defensive measure for companies faced with takeover proposals deemed inadequate by the target's board of directors. Chancellor Chandler's 158 page decision in Air Products & Chemicals, Inc.
February 17, 2011
On January 11, 2011, the U.S. Securities and Exchange Commission ("SEC"), in consultation with the Department of the Treasury, Financial Crimes Enforcement Network ("FinCEN"), again extended the Bank Secrecy Act ("BSA") Customer Identification Program ("CIP") no-action letter (initially issued in 2004) relating to broker-dealer reliance on SEC registered investment advisers ("RIAs"). As previously, the extension was granted at the request of the Securities Industry and Financial Markets Association ("SIFMA").
February 17, 2011
On February 9, 2011, the Securities and Exchange Commission ("SEC") proposed to amend the SEC's rules to eliminate credit rating as one of the "transaction requirement" criteria by which an issuer can qualify for the short-form registration process, most notably under Forms S-3 and F-3.
February 15, 2011
Washington, D.C. partner F. Joseph Warin and associates Brian Baldrate and Trent Benishek are the authors of "The Expanding Role of Deferred And Nonprosecution Agreements: The New Normal for Handling Corporate Misconduct" [PDF] published in the February 11, 2011 issue of BNA's White Collar Crime Report.
February 11, 2011
Judge Shira Scheindlin--author of the well-known Zubulake and Pension Committee opinions--has issued a new decision addressing (1) the acceptable format for the production of electronically stored information ("ESI"), (2) whether and to what extent parties must produce metadata, and (3) counsel's communication and cooperation obligations regarding these issues in the Rule 26(f) early meeting of counsel and elsewhere.
February 10, 2011
In recent weeks OSHA has announced delays to two of its key regulatory initiatives: noise standards and ergonomics. On January 19, OSHA announced that it would withdraw its reversal of a 28-year policy regarding the enforcement of the noise standard; in general the about-face would have required employers to reduce workplace noise exposure with potentially costly administrative and engineering controls, instead of simply providing effective personal protective equipment ("PPE"). Since 1983, OSHA's enforcement policy regarding noise was to allow employers to rely on a hearing conservation program based upon PPE if the program reduced noise exposures to acceptable levels and was less costly than administrative engineering controls. In October 2010, OSHA anno
February 9, 2011