Government Law Articles

It is said that the most general polish law concerning the law of economic activity may be found in The Economic Freedom Act of 21st August 2004. Its importance lies in the general rule stipulating that “every business activity is allowed in Poland unless it is not literarily abandoned, restricted or limited by a statute.”

A Raleigh Social Security disability attorney can help you with the Social Security disability process of applying and demonstrating need for your benefits. The Social Security disability process can be both frustrating and harrowing, particularly if you have already been rejected and denied benefits in the past. Fortunately, a Social Security disability attorney can help you with:

Dependent Social Security disability benefits can help family members of someone who is disabled. A North Carolina Social Security disability lawyer explains who can qualify. Depending upon your work, there are specific members of your family that may qualify for benefits, which include the following:

A state agency will review your Social Security Disability application. It must meet work and disability standards for benefit approval. If your claim has been denied, talk to a North Carolina Social Security disability lawyer. When you apply for Social Security disability, the primary goal of the Social Security Administration is to determine if you are disabled and unable to work due to the severity of your disabling condition.

Administrative Measures of Shanghai Municipality on Pharmaceutical Prices (Trial Implementation, the “Measures”) were issued by Shanghai Development and Reform Commission on July 29, 2011. The Measures will be effective as of September 1, 2011. The main contents of the Measures are as follows:

Federal employee attorney Eric Pines tackles whether a federal employee will be considered disabled. In this series: Does the Federal Government Consider Me Disabled? We lay out the definitions of disabled under the Rehabilitation Act. In this post we will focus on whether a federal employee is entitled to his or her ideal accommodation? According to the Rehabilitation Act/ ADA says the answer is: Yes, but… not necessarily with the exact accommodation that you are seeking.

“License probation” often seems like a safe harbor – an acceptable and available result for a California State license-holder who has been faced with criminal charges and now must deal with the fall-out of consequences for the occupational or professional license. But in practice, license probation often operates as a black hole from which State licensees cannot emerge successfully.

If you are a member of the military and have been accused of a crime, you could be in a very serious situation. As the civilian criminal system varies greatly from the military system, you need to be aware of certain aspects of your case. Most people are aware of what happens when a civilian is accused of a crime.

Pragmantic implications, applications & construction of the triplet provisions of section 143, 144 and 145 of the 1999 constitution vis a vis Nigerian constitutional democracy. - By Kayode Ajulo*

Federal offenses are typically considered more serious than those charged at the state level, and the penalties are usually much more harsh. If you have been charged with such an offense, it is imperative that you seek the effective legal guidance of a Kansas City federal crimes lawyer.

On January 31, the Illinois Supreme Court chose the 14th Judicial Circuit in northwestern Illinois to be the first jurisdiction to allow cameras and tape records in the courtroom.

Recently, McDole, Kennedy & Williams has received multiple requests to evaluate official-looking trademark registration notices received by clients. These official-looking notices claim to be from governmental trademark offices, alleging that the client must pay fees in order to maintain his/her trademark and rights.

Military service is demanding on many different levels and it is not something that everyone is going to be suited for. Without question there are a lot of sacrifices that go along with serving your country but at the same time there are some rewards to be had, especially if you serve for a significant period of time.

Tobacco litigation in the United States has been going on since the 1950s when the first reports were released linking tobacco to injurious health consequences, such as cancer, explains a lawyer. Although the first big win for plaintiffs came in the California case Henley v. Philip Morris, battles continue to rage on regarding what tobacco companies’ obligations are to smokers personally and to the public at large.

The Stop Online Piracy Act, or SOPA, is a United States bill introduced in October of 2011 in order to help combat the online theft of intellectual property and its injurious consequences, both for large companies and for artists personally. While supported by movie studios in California, the Act became the focus of widespread criticism and an online protest. A lawyer explains the Act, its controversy, and examines whether it could serve as a solution to the problem of online piracy.

In the past, new fuel economy standards have resulted in the production of smaller vehicles that fail to adequately protect occupants from suffering serious or fatal personal injuries in collisions. The federal government’s proposed CAFE standards have elicited concerns among safety advocates and lawyers in California and elsewhere for the safety of American drivers.

Federal employee attorney Eric Pines tackles whether a federal employee will be considered disabled. In the series: Does the Federal Government Consider Me Disabled (Part I)? We laid out the definitions of disabled under the Rehabilitation Act. In this post we will focus on what those definitions mean in the real world.

It can be tricky to separate law from politics. Some politicians claim sincerely to believe that any Act passed by the Scottish Parliament which provided for the holding of a referendum on Scottish independence would be unlawful. Some lawyers claim to agree with them. In Scotland, we are living in exciting times and the politics may be genuinely intriguing but is the law not actually, and drily, beyond any real debate?

Due process of law rights of government contractors who are denied work or public bidding rights due to “de facto debarment“ from federal, state or local government bidding or public contracting for alleged unethical conduct or due to bid or bidder non-responsibility determinations by a public agency on a government contract.

Correction of subcontractor listing errors and substitution of subcontractors listed by mistake in bidding on a California public works construction contract, per public contract code sec. 4107.5.

On 1 March 2011, the President of the Republic of Kazakhstan has signed a new Law ‘On State Property’ No. 413-IV (hereinafter – the ‘Law’) with effective date 10 March 2011. The Law defines the principles for regulating relations in the area of state property management.

GRATA Law Firm has provided sophisticated legal services to leading enterprises in Kazakhstan and Central Asia since 1992. In line with GRATA Law Firm’s practice of keeping clients informed of important legal developments that might influence their business, we would like to draw your attention to the below description of key regulations relation to the most significant areas of Kazakhstani industry – subsoil use, power and construction.

In line with GRATA Law Firm’s practice of keeping clients informed of important legal developments that might influence their business, we would like to draw your attention to the recent changes in Kazakh legislation in connection with the adoption of the new Law 'On State Property'.

1. General Provisions - On 21 July 2011, the Law of the Republic of Kazakhstan on Special Economic Zones (hereinafter - the 'Law') has been enacted.

Liquor laws in Michigan are among the most complex out of all of the United States. Being able to navigate these laws efficiently yet with care requires both knowledge and experience. If you are looking into acquiring a liquor license, there are a number of things you should know before you begin the process.

What exactly is a court-martial? Is there any difference between a civilian trial and a military criminal trial? Members of the military who are facing criminal charges need to be aware of the details of their situation so that they can have the best possible chance of defending themselves. When a member of the Armed Forces is accused of a crime, they may have to be to tried in a court-martial, a trial which is led by the U.S. military.

Ever wonder what you should look for, when you need to hire a private investigator? If you have ever done an internet search for a private investigator, you have no doubt seen hundreds of PI's and investigation agencies appear on your screen. How do you know who to use? Well, start by calling around a bit.

In 2009, Hawaii enacted a prospective fifteen-year civil statute of limitations for collection for most assessed tax obligations (Net Income Tax, General Excise Tax, Transient Accommodations Tax, Use Tax, Fuel Tax, Conveyance Tax, Rental Motor Vehicle and Tour Vehicle Surcharge, Nursing Facility Tax, and Insurance Premium Tax) via Act 166, Sections 6 through 14.

As part of their efforts to prevent the injurious consequences of high greenhouse gas emissions, legislators in California passed regulations requiring producers, refiners, and importers of diesel and gasoline to reduce their carbon footprint by 10 percent over a decade. In late December, a federal judge issued an injunction preventing California from enforcing its rules on the grounds that California's regulations were in violation of the Commerce Clause in the United States Constitution.

Most township officials are aware of the importance of complying with the Freedom of Information Act (FOIA). Like a number of other areas of law, compliance with such a statute has become increasingly complex as a result of shifting interpretations by the courts. Learn more about the cases that have had an effect on the interpretation of the act in recent years.

Indian companies are accessing the Frankfurt Stock Exchange (“FSE”) and other foreign capital markets in search of capital and liquidity for their shares. The Entry Standard of the FSE is an appealing option for Indian issuers seeking an access point to European capital markets. By Brenda Lee Hamilton, Attorney

On December 20, 2011, Deutsche Börse AG suspended new listings for the First Quotation Board due to fraud and new cases of suspected market manipulation among several shares listed in the First Quotation Board. Deutsche Börse AG stated, “prosecution according to criminal law and supervisory legislation only seems to have a limited deterrent effect. By Brenda Lee Hamilton

Prevailing wage laws(1) require that contractors and subcontractors who obtain certain government construction and service contracts pay their employees a local minimum amount, commonly referred to as the “prevailing wage.” By: Joel M. Androphyi and Rachel L. Grier

The False Claims Act (“FCA”) is particularly important in the area of defense contracts. In fact, the FCA was enacted due to the sever abuses which occurred at the hands of many defense contractors and corrupt officials who fraudulently procured payment for the necessities of war, such as ships, food, supplies, and weapons, to the detriment of the United States military.(1) By: Joel M. Androphyi and Rachel L. Grier

It is January 1, 2012 and a host of new laws become effective today. While some of these laws may not affect you, others may, so it good to be aware of how the laws have changed. There are dozens of new laws, but our focus in this article in limited to ten that involve possible criminal cases.

In recent months, China has been dominating media headlines in connection with exchange rate disputes with the Unites States and possible participation of China in the bailout of some Eurozone nations. China seems to be proving the truth behind the Chinese proverb that says that ‘the saving man becomes the free man’.

The protection of EU’s financial interests reflect s the basic targets and objectives of the European Union to suppress the illegal traffic of products as well as counterfeiting activities within EU Member States. Hercule I and II, as well as Pericles constitute the means and the tools with the aid of which, relevant European and national authorities will be empowered to take all the measures needed and execute the harmonized strategy of the Union.

Qui tam whistleblowers first discover fraud against the government in a variety of different ways; some learn it from a business owner’s own statements while others witness it in caring for a patient who has patently not received a billed-for treatment.

The District of Columbia passed the Procurement Reform Amendment Act (“PRAA”) in 1996.2 In 1997, it passed the Emergency Amendment Act, which increased the penalties of the PRAA’s civil false claims and added qui tam provisions.3 The PRAA models the FCA, but also contains some provisions that are unique.

It has been argued that there are issues which simply cannot be decided without expert guidance. Expert opinion evidence is therefore readily received on issues relating to, inter alia, ballistics, engineering, chemistry, medicine, accounting and psychiatry. The question that, however, poses itself is whether expert evidence is in all circumstances necessary.

The Hungarian Parliament has recently adopted a new act arguing that the provisions of the current data protection are outdated. Although the applicable EU directive is under significant review in the EU, the new Hungarian act still follows the old (current) EU legislation. The new act is called Information Act), and maintains the rigid Hungarian system of data protection and misses the opportunity to help foreign data processing.

Studies in Oregon and California recently revealed that consumers have unwittingly been exposed to the chemical formaldehyde and its personally injurious health effects, explains a lawyer. Although marketed as “formaldehyde free,” a popular hair-straightening product contained amounts of the chemical in excess of the 2.0 percent considered safe by the Cosmetics Ingredient Review Expert Panel.

The new package of measures adopted by the European Commission regarding the action to be followed for growth governance and stability contains four elements: the 2012 Annual Growth Survey consists of priorities for the coming year, a Green Paper on the feasibility of introducing Stability Bonds and two new Regulations to further strengthen budgetary surveillance in the Euro area. By adopting this package, the European Union focuses on the strengthening of the Eurozone governance.

Regulation D, Rule 506 Offerings - To offer and sell securities in the United States, an issuer must comply with the registration requirements of the Securities Act of 1933, as amended (the "Securities Act"), or must offer and sell the securities pursuant to an exemption from the registration statement requirements.

On July 9, 2011, the Securities and Exchange Commission (“SEC”) approved rules to increase the standards for companies going public through a reverse merger to list on the New York Stock Exchange (“NYSE”), American Stock Exchange (“AMEX”) and the NASDAQ Stock Market (“NASDAQ”).

Health Care Provider Liability under the False Claims Act (31 U.S.C. § 3729 et seq.) - A recent decision by the Third Circuit Court of Appeals details circumstances under which health care providers may be held liable under the False Claims Act (“FCA”), 31 U.S.C. § 3729, et seq., for alleged fraud committed under Part C of the U.S. Medicare program. By Cliff Holmes, Esq. Attorney for Dunlap, Grubb & Weaver PLLC (Washington, DC)

In this article, I give you a quick overview of the major regulatory compliance areas for physicians and medical practices, namely: Referral Laws -- Anti-Kickback and Stark Self-Referrals; Billing Medicare and Other Payers; HIPAA; and Supervision of Staff.

At what point in time should you consider hiring a Kansas City federal crimes attorney? Some people assume that they should wait until they are formally charged, while others feel that it is okay to wait until the trial is about to begin.

The article presents an overview of the statutory requirements and guidelines for importing drugs and medical equipments into Ghana. It is intended to serve as a quick reference for companies planning on importing drugs or medical devices into Ghana.

Every year, thousands of men, women and children are forced into a modern form of slave labor, otherwise known as “human trafficking.” Human trafficking is a global epidemic, predominantly affecting women and children, forcing them into slave labor and sexual exploitation.

Certain sex crimes are considered violations under state law and are tried in state court – whereas more aggravated sex offenses can be violations of federal laws. When this happens, the defendant can be facing mandatory minimum sentencing under federal guidelines.

Pakistan's judicial system stems directly from the system that was used in British India as on independence in 1947, and the Government of India Act 1935 was retained as a provisional Constitution. As a consequence, the legal and judicial system of the British period continued with due adaptations and modifications, where necessary, to suit the requirements of the new Republic.

Earlier this month, the Texas Supreme Court once again cast its arms around Big Business and shoved Texans out the door.

On 17 December 2010 the European Council agreed on the need for a Eurozone area and on the establishment of a permanent stability mechanism which will intervene by providing financial assistance to the Eurozone Member States after June 2013.

Federal, State, and local public agencies have a powerful club to beat back or recover for fraudulent or exaggerated contractor and subcontractor claims against them, in the form of State and Federal False Claims laws.

California Contractors’ Licensing Law Requirements, and the Adverse Effects to Unlicensed Contractors and Property Owners From the Failure of a Builder to be “Duly Licensed” as Required By the California Contractor’s License Law.

As is the case on private construction projects or contracts, there are many events on public works projects which make it necessary for a contractor or subcontractor to file claims for extra compensation or extra time to complete a project.

Qui Tam or Whistleblower Lawsuits for Fraud on Government Contracts or Public Contracts under the California False Claims Act, and California Law on the Statute of Limitations.

The California and Federal Laws on False Claims on Government Contracts and Public Works Contracts create the risk of Liability for Treble damages, Civil Penalties and disbarment in WhistleBlower Qui Tam Lawsuits for all government contractors which could effectively wipe out any possible profits on public contracts.

Foreign Carbon Offsets under California’s AB 32 Cap and Trade Law by Memorandum of Understanding with Developing Countries and Least Developed Countries under Proposed Regulations from California's Air Resources Board.

The California False Claims Act, like the Federal False Claims Act, allows governmental entities - or private whistle-blowers or “Qui Tam” plaintiffs - to bring an action to recover treble damages and civil penalties against persons contracting with State and local government agencies who have defrauded or cheated the government out of “money, property or services”...

Who is the owner, construction lender, or payment bond surety for purposes of serving, recording and pursuing preliminary notices, mechanics liens, and payment bond claims in California law?

The potential affect of Tea Party influence on the Federal Section 8 Voucher Program as pertaining to New York City multi-family housing.

S3 of the State Liability Act 20 of 1957 was declared unconstitutional in Nyathi v Member of the Executive Council for the Department of Health Gauteng and Another 2008 (5) SA 94 (CC). The issue arose when Nyathi challenged s3 of the Act, which prohibited the attachment of state property in order to satisfy a judgment debt.

How to substitute or remove listed subcontractors on California public works government construction jobs under the Subletting and Subcontracting Fair Practices Act, Public Contract Code sec. 4104, 4106 & 4107.5 substitution procedures and hearing procedures, lawsuits by substituted subcontractors for lost profits, and other concerns for listed subcontractors and substitute subcontractors.

The cabinet of China, the State Counsel, promulgated the Notice on the Establishment of the National Security Review Mechanism for the M&A of the Domestic Enterprises by the Foreign Investors on Feb. 12, 2011 (the Security Review Rule).

Sentencing law in Arizona can be very confusing. What makes it even more confusing is some people are not sure when the will get out, and how much earlier they could get out if they behave well. What exactly does time off for good behavior really mean? What is early release?

The Operational Program Research and Development for Innovations (OPRDI) was implemented for public institutions in the industrial research and development sector. The aim of the program is to develop cooperation between universities and industrial enterprises, to support research and development at universities and research institutions, and to highlight supply and demand in the research and development sector.

E-justice, the use of Internet technology in handling various administrative procedures before, during and after the administration of justice, provides a host of possibilities throughout the legal process, from lobbying through to the provision of remote authoritative legal information and certificates. It is seen by many as the key to streamlining and expediting justice.

After the publication of the Annual Growth Survey (AGS) by the European Commission, the Hungarian Presidency undertook to implement the first ever "European Semester" a six-month period of each year in which member states' budgetary and structural policies are reviewed to identify any inconsistencies and emerging imbalances, so as to facilitate coordination before major budgetary decisions are finalized.

On 18 October 2010 the European Commission launched a consultation on electronic procurement in the public sector. In the now standard form of the Green Paper, consultation will seek to gather the views of stakeholders on how the EU can help Member States to accelerate and facilitate the procedures for issuing public tenders.

The author writes about the differences between English Law and the Civil Law. Ecuador is under the Civil Law System.

The author offers tips for military contractors in Iraq or Afghanistan to follow when filing a claim under the Defense Base Act.

The true crisis in public housing is the fact that it still exists.

In May, the U.S. Supreme Court ruled that juveniles who commit crimes in which no one is killed can’t be sentenced to life in prison without the possibility of parole. This leaves Florida in a dilemma: it has no parole system. It was eliminated in 1983, on the reasoning that too many former inmates were committing serious crimes after being released early. Now, the state reviews only cases before 1983.

“I would like to give you a message, please do your best to tell the world what is happening to us, the children. So that other children do not have to pass through this violence”.

HG.org’s legal team has developed an informative new resource. The U.S. State Law and Government Section provides comprehensive information and links, via our State Resource Centers, for each of the 50 United States and the District of Columbia.

Although the FCA was first enacted with dishonest defense contractors in mind, the FCA has become an effective weapon to fight healthcare fraud. Categories of facility healthcare fraud often involve allegations of total neglect or no services, worthless services, inadequate and inferior services and products, and aggressive patient treatment. [1]

General Comments Contracts with the Government can encompass a variety of agencies and departments. Many of the reported cases involve contracts with the Department of Defense (“DOD”), the Department of Veterans Affairs (“DVA”), the Department of Housing and Urban Development (“HUD”), the National Aeronautics and Space Administration (“NASA”), and the General Services Administration (“GSA”), among other procuring agencies.

Federal and state laws require medical devices shipped and sold in the United States to be safe, effective, and reliable, and to perform as represented and to specifications. Medical device manufacturers are subject to mandatory and stringent controls over product design, manufacture, process changes, rework, specifications, specifications changes, and quality control. [1]

Military members charged with violations of the Uniform Code of Military Justice (UCMJ) have a right to trial by court martial, except in the case of a member attached to or embarked in a vessel.

Who should be allowed to profit from the death of Soldiers, Sailors, Airmen, and Marines? The question is almost so appalling as to be absurd.

The amendments to the Estonian Public Procurement Act are enacted in two stages – the majority of amendments entered into force on July 1st this year, while the rest will take effect as of January 1st, 2011. We hereby provide an overview of the most important amendments and the remaining problems.

Each state has its own set of statute of limitations, which set forth the maximum time frame allowed, after an event occurs (such as an accident), for an injured party to start legal action, such as a lawsuit. Statute of limitations differs for bodily injury claims, property damage claims, breach of contract claims, medical malpractice claims, and claims related to fraud and misrepresentation. This article strictly discusses claims against public and government entities.  

The recognition and enforcement of a foreign judgment/arbitral award not only affects the right and interest of the parties to the judgment/arbitral award, but can be a matter of sovereignty. In today’s international community, it becomes popular one state recognizes the judgment/arbitral award made by a foreign court/arbitration organization based on certain conditions, which brings convenience to the parties to the judgment/arbitral award and promotes the friendship of the states involved.

The following text is a short summary of the Data Protection Legislation of the Russian Federation. It might prove interesting to those companies that wish to ensure full compliance of their planned activities with Russian regulatory law in the domain of privacy and personal data protection. Ensuring compliance with Russian public law and local regulations is one of the major areas of practice (expertise) of a Russian Moscow-based law firm - Confederation, Barristers-in-Law.

Every new recruit and officer candidate is taught about the Uniform Code of Military Justice (UCMJ) and their rights should they ever face allegations of misconduct. However, few of us remember all of these rights such hypothetical charges become reality.

The article aims to explain the institutions and organizations which are responsible for electric distribution and transmission in Turkey and their legal grounds by taking account of their duties and hierarchic structures 4628 numbered Act defined the main frame of the institutions and organizations which are responsible for electric transmission and distribution.

This Article describes general grounds for Bid Protests on City, County, Local Agency and State Government Public Contracts in the State of California and stresses the urgency to file a Bid Protest very, very quickly after bids are opened to avoid losing your rights to file a successful Bid Protest. Protest procedures vary so check the project manual, local statutes or ordinances on deadlines and procedures, and - immediately - consult a competent and experienced government contract attorney.

The Uniformed Services Employment and Reemployment Rights Act of 1994 better known as USERRA is a law that protects the civilian employment of employees who have been called to duty as non-full time military service members.

In its very opening section, the 1999 Constitution makes the continuity of constitutional government the basis of the system of government in Nigeria.

It is almost eight (8) years since the Regulation of Interception of Communication and Provision of Communication Related Act, 2002 (“RICA”) was promulgated and almost nine (9) months since the compulsory registration of cellular sim cards.

The recent US Supreme Court decision in Melendez-Diaz v. Massachusetts has significant implications for defendants in the civilian court system and their counterparts in the military justice system-particularly when it comes to alleged violations of the military's strict zero tolerance drug policy.

The November 5 Fort Hood shootings raise several serious legal questions, particularly concerning the bounds of psychotherapist-patient confidentiality. Recent news reports revealed that the alleged shooter, Army psychiatrist Nidal Malik Hassan, wanted to have several of his soldier patients prosecuted for war crimes based on information they revealed during therapy sessions with Hassan.

This articles discusses preliminary injunction and preliminary attachment being temporary legal protections available under Turkish law.

Even attorneys experienced in voir dire have difficulty understanding how trial judges apply the law concerning challenges for cause. This article will cover both the statutory and case law on the subject as well as suggesting how to convince a prospective juror to admit bias. Perhaps, more importantly, it will also suggest ways to convince the trial judge to sustain the challenge.

As consumer attorneys, we must once meet the challenge by adopting a fresh approach to preparing for and defeating summary judgment. We must do our utmost to ensure our clients may seek justice before a jury of their peers.

Courts in Ontario, Canada, where more than one-third of Canada’s population resides, are very receptive to the enforcement of final and conclusive foreign money judgments is subject to certain statutory exceptions and procedural requirements. The authors detail the law and procedure relating to the enforcement of foreign jdgments in Ontario, Canada.

The Illinois Supreme Court appears to have finally clarified the issue of the timeliness of a Contribution Action for Attorneys Fees in Post Decree proceedings in a Dissolution case.

Few notes on some of the local laws in Kuwait which will need some reforms for better and fare application..