Opinion clarifies when projects involving the construction of hundreds of new small utility structures may be exempt from environmental review - The California Court of Appeal upheld San Francisco’s determination that the installation of more than...
You already know that plans that contain “discretionary language” should enjoy a more deferential review by the trial court. But when the plan administrator decides and funds the benefit decision, courts view this as a “structural conflict” and...
Last month, Colorado citizens held a rally to celebrate the legalization of marijuana for recreational use. As a Colorado appeals lawyer can explain, the law places restrictions on where the drug may be smoked. Many violated the law during the rally...
On April 30, 2014, the plaintiffs in Bezdek v. Vibram, a class action in the District of Massachusetts, filed for court approval of a class wide settlement. The case had been brought against Vibram, the Italian manufacturer of “five finger”...
In a press release on Wednesday, North Dakota Governor Jack Dalrymple and officials with North Dakota LNG (NDLNG) announced the construction of a liquefied natural gas (LNG) processing facility to be located in Tioga, North Dakota. This will be North...
Because courts apply a presumption of arbitrability when they analyze whether particular claims fall within the scope of an arbitration clause, and arbitration clauses are generally drafted very broadly, I don’t usually get to write about courts...
In April, the IRS released the 2015 inflation adjustments for Health Savings Accounts (HSA) and HSA-qualified high deductible health plans (HDHPs). A month earlier, HHS released details on the “premium adjustment percentage,” which is used to...
Pursuant to Notice 2014-33 (the Notice), the IRS announced that it will treat calendar years 2014 and 2015 as a transition period for the administration and enforcement of the due diligence, reporting, and withholding provisions of the Foreign...
In a decision that expands considerably the number of employees covered by the whistle-blower provisions of the Sarbanes-Oxley Act, the United States Supreme Court ruled earlier this month in Lawson v. FMR LLC that two former employees of privately...
Defendant Agrees To Telemarketing, Robocalling Ban In FTC Deal - A defendant agreed to a permanent ban from telemarketing and robocalling in a deal with the Federal Trade Commission, by settling allegations he had helped his clients call numbers...
