Month

June 2014
[vc_row][vc_column][vc_column_text]This morning, the U.S. Supreme Court issued its decision in Noel Canning (NLRB v. Noel Canning, et al., 573 U.S. ___ (2014)) affirming the U.S. Court of Appeals for the District of Columbia Circuit’s decision that members of the National Labor Relations Board (“NLRB”) were inappropriately appointed by President Obama. In Noel Canning, the NLRB...
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Recently, the Southern District of Illinois had occasion to address what are becoming familiar requests for production of parties’ Facebook pages.  See Stallings v. City of Johnston City, 2014 U.S. Dist. LEXIS 68566 (S.D. Ill. 2014).  The dispute underscores the importance of making sure you and your attorney understand the types of available evidence on...
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U.S. District Judge Richard Young has ruled that Indiana’s ban on gay marriage violates the U.S. Constitution’s equal-protection clause.  This ruling comes on the heels of rulings by Federal Courts across the country similarly striking down state bans on gay marriage.  It is expected that the Supreme Court will soon hear this issue. For more...
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The Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) established a national Health Care Fraud and Abuse Control Program (“HCFAC”) under the joint direction of the Department of Justice (“DOJ”) and the Department of Health and Human Services (“HHS”). HCFAC coordinates federal, state and local enforcement actions designed to “prevent future abuse” and to...
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[vc_row][vc_column][vc_column_text]The National Labor Relations Board’s deadline to submit briefs in Purple Communications, Inc. is June 16, 2014, signaling the Board’s decision on whether employers must permit employees to use workplace email for purposes of union organization may not be far away. In Register Guard, a decision issued under the Bush administration in 2007, the Board...
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With severe weather events becoming more frequent in the Midwest and the barrage of television advertisements for pre-fabricated and national chain storm shelter contractors, homeowners have become more interested in their homes offering protection from the dangers of tornadoes and excessive wind. This makes it more important than ever for builders to have a clear...
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Many employers have policies that prohibit employees from using the company email system for purposes that are not work related. In 2007, in a case called Register Guard, the National Labor Relations Board (“NLRB” or “the Board”) considered a challenge to such a policy on grounds that such a prohibition amounted to an infringement of the...
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President Obama recently released his 2015 budget proposal, which includes significant changes to estate and gift tax laws. After the American Taxpayer Relief Act of 2012 (“ATRA”) was enacted, the Federal estate and gift tax rules were considered “permanent” for 2013 and beyond. For now, the proposed changes are simply part of the President’s wish-list,...
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