DC Metropolitan Business Law Alert

DC Metropolitan Business Law Alert

Category Archives: Federal Courts

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“No Notice for You”: Rule Requiring Employers to Post Notice of Employee Rights Under the National Labor Relations Act Struck Down

Posted in Business Litigation, Corporations, Employment & Labor, Federal Courts
In Chamber of Commerce v. NLRB, the United States Court of Appeals for the Fourth Circuit recently upheld a district court’s decision striking down a rule promulgated by the National Labor Relations Board (“NLRB”) that required employers subject to the National Labor Relations Act (“NLRA”) to post notice informing employees of their rights under the … Continue Reading

Supreme Court Rules DOMA Unconstitutional

Posted in DC Law, Federal Courts, Federal Law, Maryland Law, Tax
The U.S. Supreme Court has just ruled that the Defense of Marriage Act “is unconstitutional as a deprivation of the equal liberty of persons that is protected by the Fifth Amendment”. With this 5-4 decision, federal laws directed at married couples now will also take account of those individuals, whose same-sex marriages are recognized by … Continue Reading

Department of Veterans Affairs Seeks Input On New Veteran-Owned Small Business Regulations

Posted in Federal Courts
The Department of Veterans Affairs (the “VA”) issued a Notice of Proposed Rulemaking last week seeking input on ways to clarify and simplify the “veteran-owned small business” (“VOSB”) verification program. The VA has been criticized in recent months for its inefficient verification process, which – in attempting to cull out fraudulent companies from those legitimately … Continue Reading

FTC Issues Revised Guidelines on Effective Disclosures in Digital Advertising

Posted in Federal Courts, Kelley Drye
On Tuesday, the Federal Trade Commission (“FTC” or “Commission”) announced final revisions to the guidance it gives to advertisers on how to keep endorsement, testimonial, and other digital ads in compliance with the FTC Act. “.com Disclosures, How to Make Effective Disclosures in Digital Advertising” (“the Revised Guide”) updates a 2000 guidance and addresses the … Continue Reading

“Use It Or Lose It” When It Comes To Asserting Your Right To Arbitration

Posted in Business Litigation, Federal Courts, Federal Law
‘That was the clear message from the U.S. Court of Appeals for the District of Columbia Circuit’s in Zuckerman Spaeder, LLP v. James A. Aufenberg, Jr., No. 10-7041, July 29, 2011 (slip op.) when it “alert[ed] the bar in this Circuit that failure to invoke arbitration at the first available opportunity will presumptively extinguish a … Continue Reading

Supreme Court Rules on Medical Students Employee Status

Posted in Corporations, Federal Courts, Federal Law, Tax
The Supreme Court ruled unanimously this morning that medical students training to be residents are employees, and not students, and therefore are subject to Federal Insurance Contributions Act taxes (Mayo Foundation for Medical Education and Research v. United States, U.S., No. 09-837, 1/11/11).  Local medical schools and hospitals should take notice and consider whether amended … Continue Reading