Government Law Articles
Articles written by attorneys and experts worldwide
discussing legal aspects related to Government.
August 4, 2014 By Kassouni Law
Should a property owner have to get a coastal development permit before he can close the gate to his private property? The Surfrider Foundation thinks so, and if it wins its current lawsuit against Vinod Khosla that could soon be the law of the land in California.
July 15, 2014 By Harvey I. Stern, Attorney At Law
Reverse mortgages can be a good option for homeowners at or near retirement age in need of additional income. But there are strings attached. Read on to learn what you need to know before starting the process.
July 8, 2014 By Cobb Law Group
In today's cut-and-paste world, even leading contract attorneys make mistakes. If you want to make your contracts easier to read and promote a problem-free project, then consider implementing some of the changes which we have suggested here.
July 2, 2014 By Hanover Law, P.C.
A strict Voter ID law was struck down in Wisconsin, just as Virginia prepares to implement its own similar law.
July 2, 2014 By Cobb Law Group
Last week, the Georgia Court of Appeals rendered a decision which is detrimental to subcontractor who do not thoroughly read and understand their construction contracts. The contract included a provision which made the individual signing the contract on behalf of the subcontract company personally liable for the contract's performance. The court permitted this provision to be enforced against the signatory.
July 2, 2014 By Herdem Attorneys at Law
European Union and the United States are currently negotiating the biggest free trade agreement in history. If concluded the new agreement will create a free trade zone that will include more than 800 million inhabitants as consumers and together with the United States will consist of 29 substantial economies that can muster the 37 % of the total world economic out put.
The Supreme Court’s Decision in Susan B Anthony List v Driehaus -a Victory for Civil Rights Plaintiffs
July 1, 2014 By Kassouni Law
Say that you need a permit to pursue your chosen occupation, but you believe that the costly administrative procedure to acquire said permit is unconstitutional. You have been ticketed for operating without a permit, and have every reason to believe that you will be ticketed again, but you have yet to be arrested and thrown in jail. Can you bring a suit alleging the law to be unconstitutional, or do you first have to be arrested or submit to the costly permit procedure before you can sue?
June 26, 2014 By Herdem Attorneys at Law
One of the most intricate aspects of the United States' export regime that regulates the export of defense related items is the issue of re-export of the U.S defense items to the third countries. Since the issue has beyond commercial ramifications related with national security, it has been one of the most strictly regulated areas of the U.S export regime.
June 23, 2014 By Brown, PC
U.S. taxpayers hiding assets abroad should take note of the Internal Revenue Service’s plan to sharply increase penalties for such acts, while those who unintentionally fail to disclose offshore accounts will experience much more leniency.
June 13, 2014 By Herdem Attorneys at Law
International Traffic in Arms Regulations (ITAR) is one of the key components of the United States‘ export regime regulating the defense related items and the items that have dual use features.
June 12, 2014 By Herdem Attorneys at Law
Since its inception in 1919 the American Defense industry has been one of the key industries of the United States where stringent regulations have been in place given the critical nature of the industry for the national security.
June 9, 2014 By Herdem Attorneys at Law
The economic relations between European Union and the United States have been far from smooth. Even during the Cold War, when the two economic powers were supposed to be on the same side of the Cold War divide, rows occurred that led to a serious political tensions.
Invoices released to business and public entities are now an executive title in Albania.
As part of its personnel management directed by Congress, the Navy is using civilian misconduct as a indicator for discharging persons.
Shanghai has raised a series of livelihood-related security and treatment standards since April 1st, 2014, including the standards of minimum salary, unemployment insurance benefits, employment subsidies and employment injury insurance as well as disbursement ceiling of the overall fund of basic medical insurance for urban employees.
United States v. Tweel is the most famous example of a motion to suppress in a tax case. In Tweel, the Fifth Circuit Court of Appeals held that it constitutes trickery, fraud, and deceit for the IRS to conduct a criminal investigation under the guise of a civil examination. Because of how fact-sensitive the holding of this case is, a recitation of the facts is necessary.
A large portion of the whistleblower lawsuits that are filed are related to the healthcare industry. The government funding of Medicare and Medicaid has lead to the large number of complaints related to healthcare fraud.
To say that the situation in Nevada between federal officials and cattle rancher Clive Bundy has gotten out of hand would be an understatement.
I often hear the same questions over and over again related to specific injuries or aliments and whether or not they qualify a person to receive Social Security Disability benefits. This article deals with the question "Can I Get Disability For PTSD?"
The 2010 Dodd-Frank Wall Street Reform and Consumer Protection Act was enacted to assist the government with discovering financial fraud. A recent SEC whistleblower received a $14 million dollar reward for reporting a real estate scam.
Every monthly meeting the California Coastal Commission releases a list of bills in the current legislative session that it is supporting. It can be a time consuming effort to review all these bills, but sometimes you find a gem that sheds light on the nature of the Commission’s long-term goals, and the read becomes worth it. Last week, the Commission’s monthly report was well worth the read.
Broadcasting and telecommunication has come a long way in Nigeria. Formally these services were considered social services in nature hence private companies were foreclosed from participation of any kind. This article will explore these procedures, conditions for grant, refusal, renewal and withdrawals of these licenses.
A whistleblower will receive $63.9 million for providing information to the government that lead to a recovery.
Greek government instated a procedure to obtain permanent residence permits, which can be renewed every five years, for third-country citizens who own real estate in Greece of minimum value €250.000, adopting a friendlier stance towards those who wish to own real estate property in Greece.
Our practical guide to real estate in Greece covers the entire spectrum of legal and tax issues which arise in practice when purchasing, managing, utilizing, developing and reselling property in Greece. It is addressed to both Greek nationals and foreign citizens of other European and non-EU countries who have a practical interest in legal and tax matters in Greece, with the aim of facilitating entrepreneurship and more generally the access of foreigners to the Greek market.
Piracy is a prevailing problem with no reasonable solution in sight. How safe is your ship or consignment passing through the seas surrounding Malaysia and what laws apply to this region?
Whistleblowers are now able to file certain complaints online. Whistleblower complaints that are overseen by OSHA can be filed online.
Whether the California Coastal Commission Eventually Regulates Fracking On the Outer Continental Shelf Will Have More to Do with Federalism than Science
A $6.5 million dollar settlement has been reached in a federal whistleblower lawsuit. There were allegations that a military contractor had submitted inflated bills to the government.
In California any taxpayer can bring a lawsuit to stop the implementation of a law that she believes is unconstitutional provided that she is a resident taxpayer of the area affected and public funds will be spent to implement the challenged law.
Long -term care advocates and officials disagreed at a recent Assembly hearing.
Seeking social security disability because you can not work because of a headache is unique and very difficult. But there are certain things you can do to help your chances of winning.
A Los Angeles County assisted living facility has been ordered by a judge to pay a woman who was injured by a fall.
Appeals Lawyers Analyze Shelby County v. Holder and the Constitutionality of Section 4 of the Voting Rights Act.
The United States Department of Justice has provided the public with some information regarding recent whistleblower cases. In one of the cases there have been allegations made against Health Management Associates.
California Cities Can’t Avoid Constitutional Liability for A Taking by Dissolving their Redevelopment Agencies
For years local redevelopment agencies were the bane of private property rights in California. Until recently these agencies were clothed with the power to seize private homes through eminent domain and then give that property to private developers like Costco or Wal-Mart, all in the name of community development.
A California based nursing home operator has agreed to pay $48 million dollars in a settlement related to two whistleblower lawsuits.
Argentina: Tax Havens - Publication of the List of Cooperative Jurisdictions for Tax Transparency Purposes
The National Tax Authority (“AFIP”) published today in its “web” site the list of countries, jurisdictions, territories, states and special tax regimes which qualify as cooperative for tax transparency purposes (the “Cooperative Jurisdiction List”).
With a view to enhance corporate governance, facilitate business operations and modernise the legal infrastructure for incorporation and operations of companies in Hong Kong, a complex new Companies Ordinance (CO) was enacted and 12 pieces of subsidiary legislations on technical and procedural matters were introduced.
Italy’s Parliament approved a controversial law on Friday forcing tech giants like Google to sell advertising online only through Italian intermediaries, provoking anger from digital economy experts.
We have all heard about how interest rates might be going up when the economy is improving or how interest rates fall as the economy suffers. But how are these rates set? Who determines what the rates should be? What keeps interest rates from continuing to climb while the economy declines?
Notwithstanding the reasoning, companies in China have yet another amorphous compliance bugbear to obey. Given the inconsistent state of existing data privacy rules and recent dicta that position personal data at the epicenter of the data protection maelstrom, one might think it counter-intuitive, if not disingenuous, that there is no legally authoritative definition of “personal data” under Chinese law.
The Securities and Exchange Commission has saved money to spend on it's whistleblower rewards program. It is likely that there will be larger rewards in the future as tips have increased recently.
In order to find ways to prevent terrible acts of violence from guns, and to reconcile those acts with our deeply-ingrained gun culture, we must first make steps to understand that culture.
Since its inception, the U.S. has been required to take military action of one sort or another under every president and administration, even before the United States of America had a Constitution. Since the creation of the U.S. Constitution, however, the United States has had laws regarding declaring war. Certain military actions can be taken without formal declarations of war, others cannot. So what are the laws regarding declaring war?
A recent decision by the United States Supreme Court could have a large impact on state laws relating to drunk driving. Many states, including Massachusetts, have what is known as an implied consent law. This law basically gives law enforcement the right to use blood tests or some other kind of test to determine drivers’ blood alcohol content. The reasoning behind the law is that drivers have given their consent simply by obtaining a driver’s license.
The arrests of two chemists at two separate Massachusetts crime labs earlier this year have raised a lot of questions over the validity of hundreds, if not thousands of convictions in the state. In the most recent case, a chemist is alleged to have tampered with evidence in drug cases, replacing illegal drugs with non-illegal substances according to Reuters. Apparently the chemist used the drugs for her personal consumption.
Turkey as a member of NATO and due to its geographic location has been allocated the highest funds from the budget to defense industry for many years. Today the total turnover of defense and aerospace industry is around USD 4,5 - 5,0 billion.
Each year, millions of Americans consume billions of gallons of water. The boom in the bottled water industry was fueled, in part, by beliefs that bottled water was cleaner and more heavily regulated than tap water. But then a backlash by others in the media showed that much bottle water was simply tap water in a bottle. So, is one form of water more heavily regulated and safer than the other?
Anyone who has done much travel has had to contend with delayed flights or cancellations. Though often unavoidable due to weather or conditions beyond the airline's control, the ones who usually suffer the most are the stranded passengers. So what are your rights if a flight is canceled or delayed?
According to the California Franchise Tax Board, the state is owed more than 6.5 billion dollars in tax revenue. Some contend that implementation of a whistleblower rewards program could help to bring in some of that lost revenue.
A Castro Valley assisted living facility was shut down by state social services last month. Patients were left with minimal staff to attend to their needs.
For years, frequent commuters have complained about the inability to use their electronic devices on planes. Several years ago, the restrictions relaxed somewhat, allowing the use of approved electronic devices while at cruising altitude, and a recent rule change will allow the use of electronic devices, even during takeoff and landing, in the near future. But, why were these things banned in the first place? Why can one still not make a phone call from their cell phone during a flight?
It may have been a decade ago, but the fallout of the accounting scandals of the late 1990's and early 2000's continue to resonate through both of the accounting and legal professions. The largely self-regulated accounting profession has enacted numerous changes that continue to evolve in response to the scandals and pressure from government agencies and the public.
The Obama administration has been cracking down on environmental regulations, particularly with regard to global warming. Faced with this increased pressure, the coal and electric industries are applying a new legal strategy they believe will allow them to take advantage of a loophole and prevent most EPA enforcement measures.
Detroit was one of the most heavily hit cities during the recent economic downturn. Although it has started to rebound, based in large part upon federal subsidies provided by the Obama Administration which many credit with saving the American auto industry, the city continues to deal with financial woes as it struggles through the larges Chapter 9 municipal bankruptcy in US history.
On September 19, President Barack Obama announced that Diane J. Humetewa was a nominee for the US District Court for Arizona. The nomination was made in response to widespread requests for representation on the federal bench of Native American interests.
The Bureau of Alcohol, Tobacco, Firearms and Explosives (commonly known as the “ATF”) is responsible for regulating guns in the United States. A current loophole allows individuals to obtain weapons such as machine guns and sawed-off shotguns through corporations, trusts or other legal entities.
When consumers see or hear an advertisement on the Internet, radio, in print, on a billboard, on television, or anywhere else, federal law says that the ad must be truthful, not misleading, and, when appropriate, backed by scientific evidence.
So-Called Baby Veronica is now four years old, and has already been the subject of a case that has traveled all the way to the US Supreme Court and back down through several state courts. The case is a twisting tangle of different legal principles intermingled with social policies, making for a great primer on both adoption laws and Native American affairs.
Encrypted Email Service Begins Appeal of Surveillance Order in Wake of Revelation of Government Surveillance
Lavabit, a company that offers encrypted email services to its customers, has formally appealed the secret surveillance order that led it to close its business last month, but the case was immediately placed under seal in the 4th Circuit Court of Appeals.
We have all heard the saying that you cannot fight city hall. But, what do you do when a public service like electricity, water, sewage, or trash pick up breaks down and nobody does anything to fix it? Who do you pursue and how?
In September, 2013, a man from Missouri was charged with child sex trafficking in the case of a developmentally delayed girl from Massachusetts who disappeared a few days before week and was later found safe in Rhode Island. Cases such as these raise a number of questions, including which state has jurisdiction, which laws apply, and what can be done.
Whether you believe the current administration's handling of the dispute in Syria has been well handled or not, and whether you are for or against intervention, the back and forth process provides interesting insights into the processes of both international and constitutional law.
Gun laws are largely a matter of state law. Although certain federal laws regulate some guns, like automatic weapons, states are generally able to control the issuance of concealed weapons permits.
In virtually every jurisdiction, the owner of an animal will be responsible if it injures someone, whether that animal is a pet, a service animal, or on display, such as at a zoo or exhibition. But, people get injured by wild animals, too. When a wild animal attacks someone, who is responsible for the injuries? The injured person? The property owner where the attack occurred? The government?
We often discuss jurisdiction, or hear it used in TV crime shows, but what does “jurisdiction” mean? For that matter, when is something a federal, state, or local matter and who can enforce which laws? How is this determined?
Before the social movements of plunder and anti-plunder of 1990s, wars and other civil revolts, the Republic Democratic of the Congo, (“DRC”) was among the most industrialized countries of Central Africa.
In September 2012, the Government of the Democratic Republic of Congo (DRC) submitted to the Parliament a bill of law on the Insurance Code for discussion and adoption prior to its promulgation by the head of State and publication in the official gazette in accordance with articles 100, paragraph 2 and 130 to 137 of the DRC constitution.
Eligibility for VA benefits is dependent on factors such as active duty. The determination of this is sometimes complicated, depending on the circumstances.
This article is aiming at to explain Contractual Liability of Administration in Turkey.
Last week, the Violence Against Women Reauthorization Act was reintroduced by the U.S. Senate Judiciary Committee Chairman Patrick Leahy, a Democrat, and Sen. Michael Crapo, a Republican. This act continues and expands upon the 1994 landmark law, the Violence Against Women Act, which combatted domestic violence, sexual abuse, and stalking by authorizing services such as shelters and legal assistance for victims and survivors of abuse.
By Cai & Lenard
Those, who watch the real estate market, may note that after the crisis of recent years, new buildings began to appear in Kyiv again as rapidly as mushrooms after rain. The construction industry is slowly recovering and hopes to go beyond the 3% of the Ukrainian GDP.
Further Improvement and Revision of Foreign Exchange Regulatory Policies concerning Foreign Direct Investment
On November 19th, 2012, State Administration of Foreign Exchange (SAFE) issued a Notice on Further Improvement and Revision of Foreign Exchange Regulatory Policies concerning Foreign Direct Investment (hereinafter referred to as the Notice) which shall be implemented since December 17th, 2012.
Obesity or morbid obesity may qualify you for FERS or CSRS disability retirement through the Office of Personnel Management (OPM).
In general, the answer is “no.” If you want to make a deposit for post-1956 military service such that credit for your military service will be reflected in your retirement annuity, you must complete OPM Form 1515: “Military Service Deposit Election” and submit this form with your retirement application to OPM. You will NOT be allowed to make any such deposits once your retirement benefits are approved.
Why light duty might not always be a reasonable accommodation for federal disability purposes.
Why the Accommodations Issue is Unlikely to Pose a Problem If You Are Filing for Federal Disability Retirement Benefits
This article was written to help explain the various video formats available to attorneys after conducting a video deposition.
Veterans’ disability lawyers in Raleigh will explain how your marital status and dependents can impact veterans’ disability benefits. If you have a disability rating of 30 percent or higher, it could lead to additional compensation.
Small Businesses are very important to our economy. Easing their burden will certainly help economic growth. Current Rules of DTCC that provide remedies for SBs, supposedly enforced by the SEC, are not enforced, and this is having an immediate impact on SBs everywhere. This article points out these flaws and appeals for simple enforcement of existing rules so that SBs will not continue to be hamstrung or destroyed in the marketplace.
Trade secret theft is generally addressed through civil lawsuits. However, in some cases, the misappropriation of trade secrets can rise to the level of a federal crime. The Economic Espionage Act of 1996 criminalizes trade secret theft committed for personal benefit within the country or for the benefit of a foreign government.
We have previously stated that Intellectual Property is an increasingly serious matter for Latin American nations as they become ever more competitive and integrated with the global economy. With the implementation of IP-specific courts in several countries, Latin America is going even beyond world standards on IP-specialization.
The U.S. Supreme Court recently ruled in a 9-0 decision that patent applicants can introduce new evidence when challenging a patent examiner’s rejection under 35 U.S.C. § 145. The Supreme Court clarified that there are no evidentiary bars other than those articulated in the Federal Rules of Evidence and the Federal Rules of Civil Procedure.
We will have a new Supreme Court Justice in the State of Missouri come this December. The Honorable Richard B. Teitelman, chief justice of the Supreme Court of Missouri and chairman of the Appellate Judicial Commission, announced that the commission selected its panel of nominees to fill the vacancy on the Supreme Court of Missouri.
Turkey, even restructured its banking sector several times, has still not made sufficient progress in money laundering and compliance legislation for improvement of the inspection obligations. In particular due to its location bridging Europe to Asia attracts the foreign criminal organizations of migrant smuggling, terrorism and narcotics. Turkey hosted many brass plate companies in the past set for the purpose of placement, layering and integration of laundering transactions by 1990s.
In line with GRATA Law Firm’s practice of keeping clients informed of important legal developments, we would like to draw your attention to the review of this Law. General Provisions - On 10 July 2012, the Law of the Republic of Kazakhstan 'On Amendments to Some Legislative Acts of the RK concerning the Reduction of Permits and Approvals and Optimisation of Controlling and Supervisory Functions of State Authorities"(hereinafter - the 'Law') was passed, coming into force from 7th August 2012.
On the 20th of July, Boston mayor Thomas Menino sent Dan Cathy, President of Chick-Fil-A, a strongly worded letter discouraging him from expanding his enterprise into his city. Proponents of both figures hastily emerged to voice their opinions on this issue. It seems that the scale ultimately tipped in favor of Cathy, as evidenced in Chick-Fil-A’s record breaking sales in the aftermath known as “appreciation day.”
This article is an attempt to illuminate both the rudimentary and nuanced strategies required to consistently produce high-quality video depositions. I often worry that attorneys who order them are unaware that the footage for which they have paid dearly, is of exceedingly poor production value. The bottom line: all video depositions should look nearly identical (except for the witness, of course); it is the means by which that end is achieved that separates excellence from inferiority.
July 4th, 2012. On June 27th, 2012, the State Council of the People's Republic of China (“PRC”) issued a written Reply concerning the Policies for Developing and Opening the Shenzhen-Hong Kong Modern Service Sector Cooperation Zone in Qianhai, Shenzhen (hereinafter referred to as the “Reply”). The policies provided in the Reply are more special than those that apply to Shenzhen Special Economic Zone (“SEZ”).
China - New Measures on Administration of the Credit Guarantee Funds for Small and Medium-sized Enterprises
June 18th, 2012. On May 25th, 2012, the Ministry of Finance (“MOF”) and the Ministry of Industry and Information Technology (“MIIT”) of the People's Republic of China (“PRC”) jointly issued the Measures on Administration of Funds for Credit Guarantee of Small and Medium-sized Enterprises (hereinafter referred to as the “New Measures”) which shall enter into force as of the date of its promulgation.
Super PACs are starting up everywhere, but many of them would have been better off as a 501(c)(4). Do you know the difference? Do you know the burdensome federal reporting requirements for Super PACs? This article will give you some insight into the best way to structure the formation of your non-profit organization, given your objectives.
Despite the current political turmoil the new Romanian Government has already passed legislation aimed at improving the investment climate. In the Official Gazette no. 563 of August 9, 2012 was published Government Resolution no. 797/2012 (“Resolution”) setting up a State aid scheme to support investments promoting regional development using new technologies and which created new jobs.
Military divorces are subject to both state and federal regulations for retirement distribution. In Hampton Roads, VA the military divorce lawyers at Garrett Law Group are available to answer your questions. Due to the extensive military presence in Hampton Roads, it is no surprise that many divorces filed in Virginia Beach are filed by military members or military spouses.
It would appear analysts were correct during the Arab Spring in guessing that the Internet would be the new battleground for politicians. In recent events, American presidential candidate Mitt Romney had a campaign video of his taken down from YouTube. This has raised concerns in the United States with regard to the right to free speech, a right held in very high esteem on that side of the Atlantic.
Part VI – Reasonable Accommodation and its Interplay with OPM Disability The Rehabilitation Act/ ADA
Does the Federal Government Consider Me Disabled? As stated in previous posts, if you are disabled under the Rehabilitation Act (ADA) and you require a reasonable accommodation, the agency must provide you with that reasonable accommodation unless they can show that there is another less expensive effective accommodation, or they can show that accommodating you would be an “undue hardship” on the agency.
Constitutional Law - International Passport: Power of Minister of Internal Affairs - Constitutional Law - Fundamental Human Rights: Extent of the powers of State Security Service - Constitutional Law - Fundamental Human Right: Freedom of Movement - Right of Nigerian Citizen to hold International Passport: Whether Absolute. The Supreme Court: Whither the Principles:
New Measures on Administration of Special Funds for the Development of Small and Medium-sized Enterprises in China
On May 25th, 2012, the Ministry of Finance (“MOF”) and the Ministry of Industry and Information Technology (“MIIT”) of the People's Republic of China (“PRC”) jointly issued the Measures on Administration of Special Funds for Development of Small and Medium-sized Enterprises (hereinafter referred to as the “New Measures”) which shall enter into force as of the date of its promulgation. June 13rd, 2012.
It can be difficult to understand Social Security disability. To learn more about eligibility requirements, contact a Dunn Social Security disability attorney. Most people don’t give much thought to the possibility of becoming disabled. However, when it does happen and it interferes with your ability to work, you may decide to pursue Social Security disability benefits. Before you begin the process, consult a Social Security attorney in Dunn, North Carolina.
International arbitration: substantive law, procedural law and arbitration rules in the context of the United Kingdom Arbitration Act 1996. International arbitration: substantive law, procedural law and Arbitration Rules in the context of the Arbitration Act 1996. By: Mr. Femi D. Ojumu*