Immigration Newsflash - November 23, 2004

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Immigration Newsflash - November 23, 2004

November 23, 2004

Immigration Practice Group

In This Newsflash:
- Congress Enacts Critical H-1B and L-1 Reform

Click here for a PDF of the full text

Energy Bill Creates New Opportunities, New Challenges

New Regulations Require Insurance Companies To Implement Anti-Money Laundering Programs

Annual Form ADV Requirements for Investment Advisers

United States Supreme Court Holds that Walking Time Can Be Integral and Indispensible'' to a Principal Activity and Compensable Under the FLSA

409A Regulations Relating to Deferred Compensation Issues for Multinational and Non-U.S. Companies

China Matters: China Encourages Formation of Domestic Investment Funds

China Matters: China Re-opens Door to Invest in Offshore Holding Vehicles

China Matters: The Eight Essential Features of Private Equity in China

SEC Issues Soft Dollar Guidance

FERC Issues Proposed Rules to Implement New Expanded Authority over Mergers & Acquisitions

The New Medicare Part D Creditable Coverage Notice Requirement

Proposed Section 409A Regulations Provide Relief and Planning Opportunities for 2005

OFCCP Issues Final Rule: Federal Contractors Face New Record-Keeping Challenges Dealing with Internet Applicants

New Flexibility for ECAs

10th Circuit Court of Appeals Refuses to Enforce a Group of ADEA Releases, Cites Disclosure Requirements of the Older Workers Benefit Protection Act

On the Horizon: Roth 401(k) Contributions Are Coming in 2006

Last Gasp for Deferring Gains from Stock Options and Restricted Stock

SEC Adopts Securities Offering Reform

Data Protection Legislation Moves Forward in the Senate: Increased Congressional Activity Expected this Fall

Third Circuit Protects Lenders by Limiting Substantive Consolidation

So Youre Responsible for Your Companys Obsolete Electronic Product Management Program

California Invalidates Contractual Jury Trial Waivers

Impact of Internal Revenue Code Section 409A on Severance Benefits

New U.K. Legislation on Age Discrimination Proposed for 2006

District Court Decision Rejects Common Method for Making Statistical Disclosures Required for ADEA Employment Termination Program Releases

Long Awaited Energy Policy Signed into Law

California Supreme Court Recognizes Registered Domestic Partner Marital Status Benefit Discrimination Claims

Hospitality Report - Summer 2005

SEC Re-Adopts Controversial Fund Governance Rule

Beware the Tax Man - Sixth Circuit Imposes Tough Standard on Creditors Searching for Federal Tax Liens

The Final Circular 230 Regulations: Tax Advice May Never Be The Same

Cold Comfort for Andersen, Caution for the Rest of Us

Severance in the Spotlight: New Risks to Executive Contracts

Congress Moving Forward in Enacting Comprehensive Energy Legislation

Bankruptcy Reform Amendments: Changes to Affect Corporate and Commercial Cases

In the Wake of Revised Schemes for France

SEC to Pension Consultants: ''We Are Watching''

National Law Journal - China has stepped up IP Enforcement Recently

FCC Requires Certain VoIP Providers to Provide Enhanced 911 Service

Landmark Supreme Court Decision Raises Standard for Plaintiffs in Securities Fraud Class Actions

SEC Broker-Dealer Record Retention Requirements

Wind Energy Gets Potential Boost From FERC

Chinese Enforcement of Environmental Laws May Impact NPL Transactions

Arbitration and Preemption: California Supreme Court and Ninth Circuit Issue Two Key Rulings

CMS Issues Complaint Procedures Under HIPAA

Federal Court Enjoins EEOC Regulations

GAO Describes E-Rate Problems to Congress

SEC Adopts New Mutual Fund Redemption Fee Rule

Plaintiffs Need Not Prove Intent In Age Discrimination Cases, Supreme Court Says

Hospitality Report - Spring 2005 (European Edition)

Due Diligence Standards for Underwriters after WorldCom. Corporate Governance Advisor. Vol. 13, No. 2. March-April, 2005.

Second Circuit Affirms Publishers Right to Reproduce Print Publication in Electronic Format

Entry into Force of Kyoto Protocol Provides New Incentives

New Hart-Scott-Rodino Act Reporting Requirements for Limited Liability Companies, Partnerships and Other Unincorporated Entities

The Class Action Fairness Act of 2005

Section 13 SEC Reporting by Advisers and Brokers and Section 16 SEC Reporting by 'Insiders' of Public Companies

The OIG Issues Supplemental Compliance Guidance for Hospitals

The Enforceability of Open Source Licenses

Increased Hart-Scott-Rodino Act Thresholds

Ninth Circuit Rules on Good Faith Belief for Notice and Take-Down Under DMCA

Undermining State Law Alternatives to Bankruptcy

California Requires Mandatory Participation in IARD

Guidelines from the Loan Syndications and Trading Association Not Intended to Apply to All LSTA Members

Deferred Compensation Tax Guidance Delivers Relief

Chinas Antimonopoly Control Strengthens

SEC Allows Use of Monte Carlo Simulations in Fund Sales Literature

The DLSE Issues Final Proposed Meal Period Regulations

FTC Issues Final Rule Implementing the CAN-SPAM Act of 2003

California Court Decides States First E-Discovery: Court Requires Demanding Party to Pay Reasonable Costs of Necessary Electronic Data Restoration

The Supreme Courts Decision in Cooper v. Aviall: How Will It Affect Environmental Site Investigations, Cleanups and Litigation?

SEC Form 8-K Disclosure Rules For Executive and Director Compensation

New Treatment For Export of Encryption Items: More Liberal but Still Complex

SEC Adopts New Rule to Register Hedge Fund Advisers

Immigration Newsflash - December 9, 2004

The Investment Company Act (New Rule Compliance Matrix: A Comprehensive Overview of the Major Regulatory Reforms Adopted by the SEC)

Affirmative Action Compliance in 2005: OFCCP Issues Proposed Standards Governing Compensation Discrimination Analyses

Immigration Newsflash - December 6, 2004

SEC Allows Use of Monte Carlo Simulations in Fund Sales Literature

Form ADV Annual Update 2004

Immigration Newsflash - November 23, 2004

Proposition 64: Its Impact on 17200 Cases and Why It Should Apply Retroactively

Modifications to Leasing Provisions in The American Jobs Creation Act of 2004

Energy Industry Receives Significant Boost: An Overview of Energy Industry Incentives in the Corporate Tax Bill

What Multinationals Need to Know About the EUs New Company Form (The Societas Europeae or SE)

Congress Imposes New Rules, Penalties and Disclosure Requirements for Tax Shelter and Other Transactions

New Laws That Impact California Employers in 2005

President Bush Signs New H-1B Provisions Into Law: Extensions Beyond Six-Year Limitation Made Easier

Quelles multinationales doivent savoir la forme de New Company d'EU's (le Societas Europeae ou ''Se'')

Circuit Split with False Claims Act Case

IP Wire - November 1, 2004

The American Jobs Creation Act: International Tax Provisions

California Creates New Affirmative Data Security Duty

Market-timing Scandal Leads to Variable Insurance Annuities

Congress Significantly Increases Reporting Requirements for Taxpayers and Charities on Patent and Vehicle Donations

Immigration Newsflash - October 25, 2004

Immigration Newsflash - October 22, 2004

Favorable Change in US Federal Income Tax Law: Expansion of Deduction to Plaintiff for Payment of Attorneys Fees

SEC Issues Formal Interpretation Regarding Proxy Unbundling Rule in Merger & Acquisition Transactions

Employers Should Act ASAP: Congress Tightens Deferred Compensation Tax Laws

Changes to REIT Provisions in The American Jobs Creation Act of 2004

Conducting Board Self-Evaluations in Compliance with NYSE Rule 303A.09

Immigration Newsflash - October 11, 2004

Immigration Newsflash - October 4, 2004

Congress Reduces Tax Avoidance Through Corporate Expatriation

Immigration Newsflash - October 1, 2004

Cyber-Criticism and the Federal Trademark Dilution Act: Redefining the Noncommercial Use Exemption

IP Wire - September 29, 2004

Immigration Newsflash - September 23, 2004

The Impact of the New Form 8-K Rules in the Context of Mergers and Acquisitions Transactions

The Impact of the EUS Newly-Adopted Polluter Pays Environmental Legislation: Learning from the U.S. Experience

Supreme Court to Review Controversial Case Involving Loss Causation Issue in Securities Class Actions

FERC Expands Scope of Analysis for Affiliate Transactions

New Disclosure Requirements for Portfolio Managers of Registered Management Investment Companies

Immigration Newsflash - September 2, 2004

IRS Proposes New Continuity of Interest Regulations that Relax the Qualifications for Tax-Free Treatment in Certain M&A Transactions

Immigration Newsflash - August 20, 2004

Cooperation With Government is a Growing Trend: As prosecutions intensify, companies and executives are learning to play ball

FERC Braces for Judicial Challenges to its Large Generator Agreement and Procedures: FERC In the Meantime Has Rejected Virtually All Requests for Deviations from Its Rules and Procedures

Court Rules on Sufficiency of Pleading Vicarious or Contributory Copyright Infringement Post-Napster

Countdown for Deferred Compensation: Why 2004 is the Year for Updating Distribution Elections and Deferring Stock Plan Gains

IP Wire - August 16, 2004

Immigration Newsflash - August 9, 2004

SEC Approves New Requirements for Investment Advisers and Mutual Funds: Code of Ethics and Front-End Sales Load Breakpoints Disclosure

To Mediate or Not to Mediate: The Advantages of Alternative Dispute Resolution Mediation

SEC Proposes New Rule to Register Hedge Fund Advisers

Silicon Slippage? Ninth Circuit Shows Signs of Relaxing Pleading Standards in Fraud Claims

A Practical Guide to the New EU Merger Control Rules (Effective May 1, 2004)

Federal Court of Appeals Remands Bulk of New FCC Media Ownership Rules: Stay of New Rules Continues in Effect

Californias Privacy Revolution Withstands Attack

Un guide pratique des nouvelles règles de commande de fusion d'EU (mai efficace 1, 2004)

FTC Declines to Create Do-Not-Email Registry

Rules for Conducting Environmental Due Diligence Slated for Change

The 2004 Commercial Regulations: China Opens its Doors to Wholesale, Retail, Franchise and Sales Agency Operations

FCC Rules Governing Local Telephone Networks Expire: Competitive Carriers, Industry Associations Will Seek Supreme Court Review

Overview of the SECs New Form 8-K Rules

Recent Hart-Scott-Rodino Developments

Chinas Wage and Hour Laws: New Rules Governing Minimum Wages

Immigration Newsflash - May 14, 2004

SEC Adds Bite to its Bark: Record Fines Imposed for Lack of Cooperation

FCC Begins Implementing CAN-SPAM Act and Proposes Certain Changes for Telemarketing Rules

Federal Appeals Court Stays Ruling On Regulatory Classification of High Speed Internet Access

Disclosure Requirements Proposed for Investment Company Portfolio Managers

New Regulations in China Specifically Target Derivatives Transactions

Immigration Newsflash - April 5, 2004

SEC Issues Report on Examinations of Investment Companies and Investment Advisers

The NASD Modernizes the Corporate Financing Rule

New IRS Revenue Ruling Raises Concerns for Pension Funds

Increased Transparency Proposed for the Investment Advisory Contract Approval Process

Fund Investors Face Prospect of Mandatory Redemption Fees

New FERC Policy May Impact Your Power Supply Deals

Supreme Court Rules the ADEA Does Not Bar Employers from Favoring Older Workers

California Court of Appeal Rules that Contractual PreDispute Waivers of Jury Trials are Not Enforceable

The Contaminated Land Regime of England and Wales

Department of Labor Indicates That Companies Should Review 401(k) Plan Investment Options in Light of Mutual Fund Investigations

Regulatory Initiatives Target Revenue Sharing Arrangements in Mutual Fund Industry

Immigration Newsflash - February 18, 2004

Immigration Newsflash - February 13, 2004

Master Agreement Protocol Released for International Swaps & Derivatives: Current Cut-off Date for Adherence March 1, 2004

California Attorney General Uses New Watchdog Powers In the Mutual Fund Arena

SEC Proposes New Requirements for Mutual Fund Governance and Advisers Code of Ethics

Enhanced Disclosure Proposed For Mutual Fund Front-End Sales Load Breakpoints

Immigration Newsflash - January 27, 2004

The Second Circuits New 6-Factor Test For Analyzing Joint Employer Liability Under the FLSA And Its Potential Impact on Legitimate Outsourcing Agreements

Immigration Newsflash - January 23, 2004

Regulatory Changes Proposed to Address Mutual Fund Late Trading and Market Timing Abuses

IRS Issues New Regulations On Confidential Transactions

Disclosure and Authorization Requirements for Employee Misconduct Investigations Exempted by New Law

Securities and Exchange Commission Adopts New Rules Requiring Compliance Programs for Investment Companies & Investment Advisers

Immigration Newsflash - January 6, 2004

SEC Settles Mutual Fund Pricing Charges Against Independent Directors

Syria Accountability Act: Last-Minute Changes Make Impact on U.S.-Syria Trade and Investment Uncertain

New Federal Legislation Regulates Spam

California Enacts Nations First State Online Privacy Protection Act

New Medicare Legislation: Three Points for Employers

Interpreting Californias Data Security Breach Notification Law: Best Practice Recommendations issued by the Office of Privacy Protection

The EUs Proposed New Block Exemption Governing Technology Transfers: (Considered in the Important New Environment of Council Regulation 1/2003)

New Labor Laws In China for 2004: Increased Focus on Work-Related Injury and Illness

New Guideposts for Punitive Damages in California: A Significant Roadblock for Massive Jury Awards?

Immigration Newsflash - December 2, 2003

Congress Considering Ban On The Joint Management Of Mutual Funds And Hedge Funds

SEC Amends Share Repurchase Safe Harbor and Adopts New Share Repurchase Disclosure Requirement

Revised New York Stock Exchange Corporate Governance Listing Standards