The U.S. Department of the Treasury has issued the Iranian Financial Sanctions Regulations (“IFSR”) to implement subsections 104(c) and 104(d) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (“CISADA”). More...
The Copyright Royalty Judges (“CRJ.” Or “Judges”) has published final regulations setting the rates for the satellite carrier statutory license of the Copyright Act for the license period 2010–2014. More...
The California State Assembly and Senate have passed AB 819, a legislation that imposes double fines for copyright and trademark infringement. More...
Rep. Frank Wolf (VA-10) has introduced legislation to develop a strategy to bring jobs back to America from overseas. More...
As a result of troubling testimony heard in a recent field hearing regarding the explosion of Massey Energy's Upper Big Branch mine, the U.S. Department of Labor's Mine Safety and Health Administration (“MSHA”) has released four new program information bulletins pertaining to ventilation issues in underground coal mines. More...
Following are Resources Law Commentaries elaborating on the significance of the most important of the Resources Law Summaries.
Commentary: In a 9-0 decision, the U.S. Supreme Court has resolved a split among Circuit courts and has held that an ERISA claimant need not be the “prevailing party” in a lawsuit to receive an award of attorneys fees under 29 U.S.C. section 1132(g)(1). In Hardt v. Reliance Standard Life Insurance Co., ___ U.S. ___, 130 S.Ct. 2149 (2010), the Supreme Court determined that the claimant need only achieve “some degree of success” in the case to enable a district court to award her attorney’s fees under the statute. More...
Commentary: The Ninth Circuit U.S. Court of Appeals joined the Fifth and Seventh Circuits in holding that a completed application filed with the U.S. Copyright Office suffices for “registration” for litigation purposes. In Cosmetic Ideas, Inc. v. IAC/Interactivecorp. 606 F.3d 612 (9th Cir. 2010), the Ninth Circuit determined that although the plain language of the Copyright Act does not appear to particularly favor either approach, the “application approach” better comports with the purpose of the Copyright Act. Moreover, the Court noted problems resulting from application of the “registration approach” adopted by the Tenth and Eleventh Circuits. More...
Commentary: The U.S. Supreme Court recently expanded the range of circumstances in which disparate impact cases can be filed, finding that an employment practice that has a disparate impact can be challenged both at the adoption of the practice and upon its application. In Lewis v. City of Chicago, 130 S.Ct. 2191 (2010), the Supreme Court allowed a minority plaintiff and hopeful firefighter to bring a claim of disparate impact relating to the test given to firefighter applicants, even though he filed an EEOC charge more than 300 days after the allegedly discriminatory practice was announced. In a unanimous ruling, the Court held that the employer’s subsequent use of the practice – not just the announcement of the practice -- could trigger the 300-day limitations period. More...
Commentary: In a sharply divided 6-5 en banc opinion, the Ninth Circuit certified what many are calling the biggest class action, in the biggest employment discrimination case in U.S. history, with ultimate damages likely in the billions of dollars. In Dukes v. Wal-Mart Stores, Inc., 603 F.3d 571 (9th Cir. 2010), the Ninth Circuit U.S. Court of Appeals clarified its interpretation of the Rule 23 standard for class certification, in an opinion that caused some dissent among the circuits, particularly regarding its statement of qualification for punitive damages claims under Rule 23(b)(2). Due to the resulting Circuit split, many pundits are predicting that the case is headed for the Supreme Court. More...
Commentary: The Tax Court has held that the step transaction doctrine did not apply to a series of bargain sales from a family-owned S Corp. to a charitable organization. As a result, the shareholders were entitled to charitable contribution deductions related to the sales. In William R. Klauer v. Commissioner of Internal Revenue, T.C. Memo 2010-65, 2010 WL 1293209 (U.S. Tax Court 2010), the Tax Court considered the three prevailing tests to determine whether the step transaction doctrine applied: The “binding commitment” test, the “end result” test, and the “interdependence” test. Because none of these tests applies to the series of transactions at issue, the step transaction doctrine did not apply. More...
