Every appellate court to consider the issue has now rejected the National Labor Relations Board’s anti-arbitration position in D.R. Horton as out of step with the Federal Arbitration Act and the U.S. Supreme Court’s decision interpreting the statute in AT&T Mobility LLC v. Concepcion. And that growing consensus is a positive development for employers and employees alike, say Archis Parasharami and Scott Noveck of Mayer Brown LLP.
Before a landowner grants an oil & gas lease to a lessee, he should carefully consider some key provisions to protect himself and to maximize economic benefit. For example, always make sure the provisions do not permit the primary term of the lease to extend beyond the stated period absent production, drilling or other operations, say attorneys at Greenberg Traurig LLP.
Northwest v. Ginsberg gives the U.S. Supreme Court the opportunity to affirm that frequent flier programs are "services" covered by the Airline Deregulation Act. However, the high court’s recent oral argument suggests that its decision may not end up addressing this important issue, says Roy Goldberg of Sheppard Mullin Richter & Hampton LLP.
Pennsylvania’s House Bill 1620 may be the result of public perception that franchisees are powerless and need protecting. But for franchisors that have long fought to remove the concept of fiduciary duty from commercial contractual relationships, this legislation would appear to undo much of the common law that has developed over the last 20 years, says Theodore Pearce of Nexsen Pruet LLC.
A recent Federal Energy Regulatory Commission order will permit Rockies Express Pipeline to enter into transactions to transport shale gas east to west within its easternmost zone without triggering a rate reduction for its foundation and anchor shippers. Rockies Express’ ability to enter into such transactions will provide a new source of gas supply for Midwestern markets and an attractive outlet for Marcellus and Utica production, say attorneys with Van Ness Feldman LLP.
What is the thinking as to whether leaky air conditioner cases warrant multidistrict litigation treatment? On Dec. 5, the Judicial Panel on Multidistrict Litigation heads to Vegas to find out. This will bring a temperature shift in more ways than one from the September hearing, where the panel considered a potential MDL proceeding arising from allegedly defective clothes dryers, says Alan Rothman of Kaye Scholer LLP.
The term of copyright in sound recordings and performers' rights has been extended in Europe from 50 to 70 years for sound recordings that were first released on or after Jan. 1, 1963. It seems likely that the new law will have at least some commercial impact once the interplay between a number of provisions meant to benefit performers have been subject to careful analysis, say Sarah Byrt and Daniel Gallagher of Mayer Brown LLP.
The U.S. Tax Court decision in Advo Inc. & Subsidiaries v. Commissioner raises the bar for taxpayers who seek to claim Section 199 deductions for costs incurred in contract manufacturing arrangements, say attorneys with Skadden Arps Slate Meagher & Flom LLP.
The stars of the reality show "Dog the Bounty Hunter" recently succeeded in convincing the California labor commissioner to side with them in a dispute against their former manager/producer. The case provides a valuable lesson for managers who have side agreements with others in connection with their clients’ projects, says David Mark of Buchalter Nemer PLC.
In many instances, the very businesses still facing time and budgetary constraints that hamper employee understanding of compliance must now add a new layer of comprehension in 2014. The stage is set for a banner enforcement year for regulatory bodies worldwide, says Veta Richardson, president and CEO of the Association of Corporate Counsel.