Government Law Articles
Articles written by attorneys and experts worldwide discussing legal aspects related to Government including: administrative law, case law, election and political law, federal law, government contracts, local, municipal and state law, military law, public law, regulatory law, US federal courts.
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The Fallout of Arthur Andersen and Enron on the Legal Landscape of American Accounting
September 29, 2013 By HG.org
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.
Untested Nature of Carbon Capture May Present Loophole for Coal and Electric Industry
September 25, 2013 By HG.org
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's Casino Tax Dollars Become Issue in City's Bankruptcy
September 25, 2013 By HG.org
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.
Native American Woman Nominated to Federal Bench
September 22, 2013 By HG.org
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.
Is It Illegal to Own a Machine Gun? Not if You Are a Business Entity
September 22, 2013 By HG.org
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.
Truth in Advertising and Marketing and Other FTC Regulations
September 20, 2013 By HG.org
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.
Case of Baby Veronica Is a Primer on Not Just Adoption Law, but Native American Affairs
September 15, 2013 By HG.org
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
September 13, 2013 By HG.org
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.
When Public Services Fail How Do You Get Relief?
September 13, 2013 By HG.org
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?
Jurisdiction Issues Raised in Child Sex Trafficking Case
September 13, 2013 By HG.org
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.
Lessons on International and Constitutional Law Found in Current Syria Debate
September 12, 2013 By HG.org
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.
Which States Are Likely to Issue Gun Permits and Which Are Not
September 8, 2013 By HG.org
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.
Who is Liable for Animal Bites by Wild Animals?
September 7, 2013 By HG.org
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?
Federal, State, or Local: Who has Jurisdiction?
August 31, 2013 By HG.org
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?
Adoption of a New Legislation for a Better Industrial Environment in the DRC
March 24, 2013 By Emery Mukendi Wafwana & Associes
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.
The Democratic Republic of the Congo Is Privatizing Its Insurance Sector
March 24, 2013 By Emery Mukendi Wafwana & Associes
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.
Learn About Retaining Eligibility for VA Benefits
February 27, 2013 By Brent Adams & Associates
Eligibility for VA benefits is dependent on factors such as active duty. The determination of this is sometimes complicated, depending on the circumstances.
Contractual Liability of Administration in Turkey
February 16, 2013 By Cindemir Law Office
This article is aiming at to explain Contractual Liability of Administration in Turkey.
The Violence Against Women Reauthorization Act and Violence Against Men
January 30, 2013 By Brian D. Perskin & Associates, PC
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.
Construction under attack
January 14, 2013 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
January 9, 2013 By UB & Co. Attorneys and Counselors
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 Can Be Grounds for Federal Employee FERS and CSRS Disability Retirement
January 2, 2013 By The Law Offices of Eric L. Pines, PLLC
Obesity or morbid obesity may qualify you for FERS or CSRS disability retirement through the Office of Personnel Management (OPM).
Can I Make a Deposit for Post-1956 Military Service AFTER I am Approved for OPM Disability?
December 5, 2012 By The Law Offices of Eric L. Pines, PLLC
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.
Is Light Duty a Reasonable Accommodation?
December 1, 2012 By The Law Offices of Eric L. Pines, PLLC
Why light duty might not always be a reasonable accommodation for federal disability purposes.
Accommodations and Disability Retirement, No Conflict
November 29, 2012 By The Law Offices of Eric L. Pines, PLLC
Why the Accommodations Issue is Unlikely to Pose a Problem If You Are Filing for Federal Disability Retirement Benefits
Video Deposition Formats - What They Are and How to Choose
November 28, 2012 By Olender Reporting
This article was written to help explain the various video formats available to attorneys after conducting a video deposition.
Looking at Marital Status, Dependents, for VA Benefits
November 25, 2012 By Brent Adams & Associates
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.
“Quick and Painless Job Stimulus: Knock the Chill off Small Businesses”
November 23, 2012 By Haseltine Law Office
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.
IP FAQ: When Does Trade Secret Theft Become a Federal Crime?
November 20, 2012 By Sheldon Mak & Anderson PC
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.
IP Dispute Resolution: Emergence of the IP Judge Colombia
November 16, 2012 By B&R Latin America IP
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.
Supreme Court: Judges Can Consider New Evidence
October 30, 2012 By Sheldon Mak & Anderson PC
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.
Supreme Court of Missouri Nominees Announced
October 12, 2012 By The Law Offices of Michelle M. Funkenbusch
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.
Money Laundering, Asset Forfeiture and Recovery and Compliance Country Report: Turkey
October 5, 2012 By Herdem & Co. Attorneys at Law
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.
Kazakhstan - There Have Been Few Amendments in the Permit System and the Laws of Licensing
September 27, 2012 By Grata Law Firm
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.
Chick-Fil-A, Thomas Menino, and the First Amendement – Interview with Dustin Hecker
September 20, 2012 By Seeger Weiss LLP
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.”
What to Look for in a Video Deposition
September 18, 2012 By Olender Reporting
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.
China Officially Approved the Policies for Developing and Opening Qianhai Zone
September 17, 2012 By UB & Co. Attorneys and Counselors
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
September 17, 2012 By UB & Co. Attorneys and Counselors
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 vs Other Types of Non-Profits
August 30, 2012 By Zakhem Law, LLC
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.
State Aid Schemes to Support Investment Promoting Regional Development - Romania
August 23, 2012 By Hammond, Bogaru & Associates
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.
How is Military Retirement Split During a Military Divorce?
July 24, 2012 By Garrett Law Group, PLC
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.
Presidential Candidates Brawl out their Campaigns through the DMCA - Malta
July 24, 2012 By CSB Advocates
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
July 18, 2012 By The Law Offices of Eric L. Pines, PLLC
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.
Case Review: Director of SSS V. Agbakoba
July 4, 2012 By Tayo Oyetibo & Co
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
June 25, 2012 By UB & Co. Attorneys and Counselors
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.
Understanding Social Security Disability
June 11, 2012 By Brent Adams & Associates
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 - Nigeria
June 7, 2012 By Femi Ojumu & Co Barristers and Solicitors
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*
Adjustment of the Standard of Social Security Payment - China
June 3, 2012 By UB & Co. Attorneys and Counselors
Shanghai Human Resources and Social Security Bureau issued the New Standard of Social Security Payment in Shanghai (the “New Standard”) on March 31st, 2012. The New Standard has come into effect on April 1st, 2012 and will expire on March 31, 2013.
Social Security Disability Application Process in Raleigh
May 22, 2012 By Brent Adams & Associates
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 – Learn if You Qualify
May 17, 2012 By Brent Adams & Associates
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:
Social Security Disability Claim: Learn How Your Application is Reviewed
May 17, 2012 By Brent Adams & Associates
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)
May 16, 2012 By UB & Co. Attorneys and Counselors
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:
Does the Federal Government Consider Me Disabled? Reasonable Accommodation Part VI
May 14, 2012 By The Law Offices of Eric L. Pines, PLLC
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.
The Uniform Code of Military Justice and Court-Martials
April 17, 2012 By Federal Practice Group
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.
Applications of Section 143, 144 and 145 of the 1999 Constitution of Nigeria.
March 30, 2012 By Kayode Ajulo & Co. Castle of Law
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*
Hire a Kansas City Federal Crimes Lawyer When Charged With a Serious Federal Offense
March 27, 2012 By The Sandage Law Firm, P.C.
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.
The Fourteenth Circuit of Illinois Tests Cameras in Courtrooms
March 20, 2012 By Law Offices of R. F. Wittmeyer, Ltd.
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.
Beware of Trademark Scams
March 7, 2012 By McDole & Williams, P.C.
Recently, McDole & 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.
Sacrifice Can Come With Rewards
March 2, 2012 By Augulis Law Firm
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.
How Have Past Tobacco Lawsuits Impacted Outcomes for Plaintiffs Today?
February 28, 2012 By Allen, Flatt, Ballidis & Leslie, Inc.
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.
Intellectual Property Theft: Is SOPA the Solution?
February 28, 2012 By Allen, Flatt, Ballidis & Leslie, Inc.
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.
Will New Fuel Economy Standards Jeopardize Safety of American Drivers?
February 28, 2012 By Allen, Flatt, Ballidis & Leslie, Inc.
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.
Does the Federal Government Consider Me Disabled?
February 24, 2012 By The Law Offices of Eric L. Pines, PLLC
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.
Law and the Scottish Independence Referendum
February 23, 2012 By Halliday Campbell WS
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 Contract Bidding Rights
February 11, 2012 By George W. Wolff & Associates
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.
Substitution of Subcontractors Listed by Mistake in Bidding on a California Public Works Construction Contract
February 11, 2012 By George W. Wolff & Associates
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.
Law of the Republic of Kazakhstan "On State Property"
February 9, 2012 By Grata Law Firm
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.
Kazakhstan – Key Industry Regulations
February 9, 2012 By Grata Law Firm
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.
Kazakhstan has Adopted a New Law 'On State Property'
February 9, 2012 By Grata Law Firm
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'.
Kazakhstan has Adopted a New Law on Special Economic Zones
February 9, 2012 By Grata Law Firm
1. General Provisions - On 21 July 2011, the Law of the Republic of Kazakhstan on Special Economic Zones (hereinafter - the 'Law') has been enacted.
Michigan Liquor License
February 6, 2012 By Fahey Schultz Burzych Rhodes PLC
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.
Court-Martials
February 3, 2012 By Federal Practice Group
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.
What to Look for When Hiring a Private Investigator
February 3, 2012 By Security Specialists LLC - Off Duty Police Officers & Investigations
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.
Post-Assessment Collection of Delinquent State Taxes in Hawaii
January 31, 2012 By Richard Paul McClellan III Lawyer
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.
Does California’s Low Carbon Fuel Standard Discriminate Against Fuel Producers in Other States?
January 23, 2012 By Allen, Flatt, Ballidis & Leslie, Inc.
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.
Freedom of Information Act and Privacy
January 13, 2012 By Fahey Schultz Burzych Rhodes PLC
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.
The Frankfurt Stock Exchange for Indian Issuers
January 12, 2012 By Hamilton & Associates, P.A.
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
Deutsche Börse AG Suspends New Listings on the Open
January 12, 2012 By Hamilton & Associates, P.A.
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 and the False Claims Act
January 3, 2012 By Berg & Androphy
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
Defense Contractor Fraud
January 3, 2012 By Berg & Androphy
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
Ten New Laws to Know for 2012
January 2, 2012 By Greg Hill & Associates
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.
Will There be an Inflow of Chinese Money in Ukraine?
December 30, 2011 By Avellum Partners
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’.
Regulation Proposal Regarding the Promotion of Activities for the Protection of EU Financial Interests
December 28, 2011 By Andreas Neocleous & Co LLC
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.
Gathering Evidence in Qui Tam Actions
December 8, 2011 By Berg & Androphy
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.
District of Columbia Procurement Reform Amendment Act
December 8, 2011 By Berg & Androphy
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.
Data Processing in Hungary: New Act and New Authority
December 5, 2011 By Soos Law Firm
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.
LIBYAN INVESTMENT LAW: BEFORE AND AFTER
December 3, 2011 By Karbal & Co.
During the late 1960’s and early 1970’s, Libya was the leading state among the Developing Countries. Due to Gadaffi’s arbitrary economic policy, Libya became the least developed among oil producing countries.
Could Better FDA Regulation of Cosmetics have Prevented Consumer Exposure to Formaldehyde?
December 1, 2011 By Allen, Flatt, Ballidis & Leslie, Inc.
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.
New Package of Measures for EU Economic and Financial Strategy
December 1, 2011 By Andreas Neocleous & Co LLC
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.
Private Placements 101
November 28, 2011 By Hamilton & Associates, P.A.
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.
New Listing Standards for Reverse Merger Issuers
November 28, 2011 By Hamilton & Associates, P.A.
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. - Qui Tam)
November 18, 2011 By DunlapWeaver, PLLC
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)
Regulatory Compliance for a Medical Practice
November 8, 2011 By Matt Dickstein, Business Attorney
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.
When Do You Need a Kansas City Federal Crimes Attorney?
November 8, 2011 By The Sandage Law Firm, P.C.
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.
Importing Pharmaceutical Drugs and Medical Devices into Ghana
October 8, 2011 By AB Lexmall & Associates
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.
Human Trafficking: A Federal Crime
August 23, 2011 By Kaye, McLane & Bednarski, LLP
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.
Understanding Federal Sex Crimes
August 5, 2011 By Guy L. Womack & Associates, PC
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.
Courts and Tribunals in Pakistan - Hierarchy and Structure of Courts in Pakistan
August 4, 2011 By Muhammad Nadeem Chaudhry
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.
And Now, Speaking on Behalf of Big Insurance: The Texas Supreme Court
July 26, 2011 By Bailey & Galyen
Earlier this month, the Texas Supreme Court once again cast its arms around Big Business and shoved Texans out the door.
European Stability Mechanism (ESM)
July 20, 2011 By Andreas Neocleous & Co LLC
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.


