Law Firm News

---

Law Firm News

Firm Name

News Title

News

News Date

25383 matches |  24550-24556 displayed

1  3506 3507 3508 3509 3510  3627

---

Franczek Sullivan, P.C.

Employees Must Have An Opportunity To Correct A Deficient FMLA Medical Certification
The Seventh Circuit Court of Appeals recently ruled that an employer interfered with an employee’s right to a leave of absence under the Family Medical Leave Act (FMLA) when it terminated him for absenteeism after concluding that his medical certification was insufficient. Kauffman v. Federal Express Corp. (2005). The employer argued that the employee was not entitled to FMLA leave because his health care provider’s certification was incomplete and inconsistent with a prior note by the same doctor suggesting that the employee’s illness was not a “serious health condition,” as required by the FMLA. Nevertheless, the court held that the employer violated the FMLA by failing to give the employee an opportunity to cure any deficiencies in the certification and noted that the FMLA did not prohibit the employee from producing a certification that contradicted a prior medical opinion. The Seventh Circuit also found that, even though the medical certification did not indicate the ending date of the condition, it provided the minimal information required by the FMLA. In particular, the certification indicated that the employee had bronchitis which started on January 1 and that it incapacitated him for more than three calendar days, required two doctor’s visits, and prevented him from working.



This decision suggests courts may take a liberal approach in deciding whether a medical certification satisfies the FMLA’s requirements. Employers are well advised to give an employee requesting FMLA leave a chance to correct any defects or inconsistencies in his medical certification before taking adverse employment actions based on deficiencies in medical documentation.

02-01-2006

---

Fragomen, Del Rey, Bernsen & Loewy, LLP

Congress, President Set Legislative Agenda for 2006
State of the Union

The State of the Union address last night marked the official start of the second session of the 109th Congress (2005-2006). In his speech, President Bush said:

Keeping America competitive requires an immigration system that upholds our laws, reflects our values, and serves the interests of our economy. Our Nation needs orderly and secure borders. To meet this goal, we must have stronger immigration enforcement and border protection. And we must have a rational, humane guest worker program that rejects amnesty ... allows temporary jobs for people who seek them legally ... and reduces smuggling and crime at the border.

While the President did not specifically call on Congress to pass comprehensive immigration reform this year, he did announce the American Competitiveness Initiative, an effort designed to encourage innovation in the U.S. economy and to give American students "a firm grounding in math and science." According to a White House press release, Bush's strategies for achieving American competitiveness include "attracting and retaining the best and brightest to enhance entrepreneurship, competitiveness, and job creation in America by supporting comprehensive immigration reform."

Although President Bush did not specifically mention the need for additional visas to recruit and retain global talent, he discussed the need for the U.S. to excel in the areas of "physical sciences" and "nanotechnology, supercomputing, and alternative energy sources." According to some estimates, more than half of the graduate students in physical science programs at U.S. universities are from outside the country.

Guest Worker Reform

In recent weeks, the immigration bill that has sparked the most discussion is Senator Arlen Specter's package. Senator Specter (R-PA), Chairman of the Senate Judiciary Committee, has yet to introduce the bill, but has assembled a "Chairman's mark," a legislative package containing provisions from bills sponsored by Senate Republicans John Cornyn (R-TX) (S. 1438), John McCain (R-AZ) (S. 1033) and Chuck Hagel (R-NE) (S. 1916 through S. 1919). The Chairman has also received substantial input from the public and private sectors.

The exact provisions of the Chairman's mark are not final. However, it is expected that the package will include a temporary guest worker visa with a market-based formula to determine the appropriate annual quota, exemption from current numerical limitations for nonimmigrants and immigrants in the science, technology, engineering and mathematics (STEM) fields, removal of the bar on immigrant intent for foreign students, and mandatory electronic employment eligibility verification.

Chairman Specter has publicly expressed his plan to "mark-up" a comprehensive immigration reform bill, containing enforcement and guest worker provisions, in March 2006.

Border and Interior Enforcement

On December 16, 2005, the House of Representatives passed the Border Protection, Antiterrorism, and Illegal Immigration Control Act of 2005 (H.R. 4437). Highlights of the bill and amendments include:


Requiring all employers to participate in a mandatory electronic employment eligibility verification system, and to verify new as well as existing workers.
Increasing the fines against employers who hire ineligible workers or commit eligibility verification paperwork violations. Fines for paperwork violations would range from $1,000 to $2,500. Fines for hiring ineligible workers would be set at a minimum of $5,000 for a first offense, $10,000 for a second offense, and $25,000 for third and subsequent offenses. Monetary penalties would be capped at $7,500 for first offenses, $15,000 for second offenses, and $40,000 for all subsequent offenses.
Designating unlawful presence or an immigration status violation as a criminal as well as a civil offense. The covered offenses could reasonably be interpreted as including visa overstays. Providing assistance to out-of-status individuals could be considered an act of harboring an illegal immigrant.
Authorizing the Department of Homeland Security to initiate pilot programs to eliminate processing backlogs.
Eliminating the Diversity Visa Lottery.
Requiring the removal of an undocumented immigrant upon his or her first conviction for driving while intoxicated.

Other senators have also introduced immigration enforcement bills. Senator James Inhofe (R-OK) introduced the "Engaging the Nation to Fight for Our Right to Control Entry Act" or ENFORCE Act (S.2117) on December 15, 2005. In general, the Act would provide additional resources for immigration enforcement at the border and the interior (including construction of a border fence). The bill would restrict citizenship by birth to persons born to at least one U.S. citizen or permanent resident parent. In addition, the bill would require the Commissioner of Social Security to notify an employer in instances of a social security number "no-match" provided by an employee. The employer would be required to terminate the employee if he/she fails to correct the information within ten days of notification. ENFORCE also calls for state and local authorities to be granted the authority to enforce immigration laws.

Senator Pete Domenici (R-NM) introduced the "Border Security and Modernization Act of 2005" (S.2049) on November 17, 2005. S.2049 would increase funding for personnel at the Departments of Justice and Homeland Security and for technology at the border. The bill would also increase the penalties for various immigration violations. Other provisions of interest include the cancellation of a foreign national's visa if he/she violates its terms, and the expansion of Section 243(d) of the Immigration and Nationality Act (INA) to allow the Department of Homeland Security to deny entry of persons from countries that do not accept deportees from the United States. Current law allows the State Department to refuse visas to nationals of such countries.

In the event that the Senate chooses to go to conference with the House on only the enforcement provisions, it is unlikely that the Senate would act on any guest worker bill this year, and the impact that this would have on a narrow fix for highly educated workers remains to be seen.

Competitiveness and Innovation

Several members of the Senate regard the mobility of highly educated workers as an issue that ties closely to innovation and competitiveness, and view it as a separate matter from guest worker reform. This view is consistent with President Bush's State of the Union message on competitiveness.

Two bills recently introduced in the Senate address the issue of visas for highly educated workers. Senators John Ensign (R-NV) and Joe Lieberman (D-CT) introduced the National Innovation Act of 2005 (S.2109) on December 15, 2005. Although the bill does not specifically provide for visas for foreign talent, it does contain a provision reforming U.S. immigration laws to accommodate the need to retain foreign talent graduating from U.S. universities with master's or higher degree in one of the STEM fields.

Senators Domenici, Jeff Bingaman (D-MN), Lamar Alexander (R-TN) and Barbara Mikulski (D-MD) introduced the "Protecting America's Competitiveness Edge Act" or PACE Act on January 26, 2006. PACE would create a nonimmigrant visa category (F-4) for doctoral candidates studying in the STEM fields, and would provide lawful permanent residence to any F-4 visa holder who remains in the U.S to work. The bill also exempts from the current numerical cap foreign nationals who have earned a master's or higher degree in a STEM field and who have worked in this field for at least three years. Also exempt from the cap are foreign nationals of extraordinary ability or those who have received a national interest waiver, and any immediate relative (which includes spouses, minor children or parents) of a foreign national admitted on an employment-based visa.


02-01-2006

---

Fowler, White, Boggs & Banker, Attorneys At Law

The shareholders of Fowler White Boggs Banker elected Joseph K. Lopez and re-elected John D. Emmanuel to the Board of Directors.
The shareholders of Fowler White Boggs Banker elected Joseph K. Lopez and re-elected John D. Emmanuel to the Board of Directors. Mr. Lopez is a shareholder in the firm's General Trial Practice Group, and Mr. Emmanuel is a shareholder in the Commercial Litigation Practice, Bankruptcy/Creditors' Rights Group.

The remaining members of the Board of Directors and Corporate Officers include:

E. Jackson Boggs - Chairman of the Firm; Rhea F. Law – re-elected President and CEO; John W. Robinson, IV - re-elected Secretary/Treasurer, and John “Mac” Stipanovich.

The following attorneys were named shareholders: Karen A. Brodeen, Mitchell A. Cohen, Karen A. Dean, William L. Hyde, Kathryn L. Kasprzak, Cathy R. LeBeau, Christopher J. Paradies, Ph.D., David F. Pope and Susan A. Price
Fowler White Boggs Banker is one of Florida's oldest and largest law firms with more than 200 attorneys in nine offices in Tampa, St. Petersburg, Ft. Myers, Tallahassee, Orlando, Naples, West Palm Beach, Bonita Springs, and Jacksonville.

02-01-2006

---

Evans & Dixon, L.L.C.

Godfrey to Lead Civil Litigation Group at Evans & Dixon, L.L.C.
ST. LOUIS, Feb. 1, 2006 – James E. Godfrey Jr. has been named group leader of the civil litigation practice of Evans & Dixon, L.L.C.
Godfrey, who joined the firm in 2004 after more than 20 years in private practice, has extensive civil defense litigation experience. He has tried cases covering everything from admiralty and construction lawsuits to products and professional liability, as well as cases involving medical malpractice, personal injury, wrongful death, and defamation/slander.
Godfrey received both his bachelor’s degree and his law degree from Saint Louis University. The law school honored him with an award for Superior Achievement in Trial Advocacy for 1983-1984. Godfrey was presented with the “Outstanding Defense Attorney, Missouri Operations” award by Silvey Companies in 1993. He also has lectured on civil
litigation procedures.
Godfrey is admitted to practice in Missouri and Illinois and before the Missouri Trial and Appellate Courts; the U.S. District Court, Eastern District of Missouri; the Eighth Circuit Court of Appeals; and the United States Tax Court. He is a member of the Missouri Bar Association and the Illinois State Bar Association. He is a former president of the Missouri Athletic Club (1998-1999).
Founded in 1945 to represent the insurance industry and self-insured employers, Evans & Dixon, L.L.C. is engaged in the practice of workers’ compensation and civil litigation defense in the states of Missouri, Illinois and Kansas. Headquartered in St. Louis, the firm also operates offices in Springfield, Mo., Kansas City, Mo., and Leawood, Kan. For
more information, visit www.evans-dixon.com

02-01-2006

---

Dorsey & Whitney, L.L.P.

When Do You Really Need To Patent?" - Maria Swiatek Noted in Business Week Article
February 1, 2006
"When Do You Really Need To Patent?" - Maria Swiatek Noted in Business Week Article

Maria Swiatek, a Dorsey partner and IP and patent expert, is noted in a Business Week article on the patent process. Swiatek cautions that while careful preparation is appropriate before filing for a patent an inventor needs to be careful not to wait too long: "if you don't file within one year [of public disclosure], you've basically lost the opportunity to file a patent." At the same time, Swiatek also counsels that just because something is patentable and marketable still doesn't mean that a patent is necessarily the best route to go. Trade secrets are an alternative form of protection if your idea pertains to a method of designing or manufacturing that is not easily reverse-engineered, while technological innovation can be so fast paced as to make a patent less cost effective.

02-01-2006

---

Giarmarco, Mullins & Horton, P.C.

Mark S. Papazian has joined the firm as a shareholder in our litigation department.
He has tried hundreds of cases in the District and Circuit Courts throughout the state. His concentration is in family law and custody disputes and business and commercial litigation.

Mark has also owned eight restaurants over the past 29 years; currently owns two and is the co-owner of Detroit’s three-year old Hilton Garden Inn, the city’s first hotel development in over 14 years. Mark is uniquely qualified to represent individuals in the restaurant industry and in liquor licensing. He is typically the first source for information by the local media in the hospitality and restaurant industry, having been featured in many publications.

01-31-2006

---

Giarmarco, Mullins & Horton, P.C.

Mark S. Papazian has joined the firm as a shareholder in our litigation department.
He has tried hundreds of cases in the District and Circuit Courts throughout the state. His concentration is in family law and custody disputes and business and commercial litigation.

Mark has also owned eight restaurants over the past 29 years; currently owns two and is the co-owner of Detroit’s three-year old Hilton Garden Inn, the city’s first hotel development in over 14 years. Mark is uniquely qualified to represent individuals in the restaurant industry and in liquor licensing. He is typically the first source for information by the local media in the hospitality and restaurant industry, having been featured in many publications.

01-31-2006

---

25383 matches |  24550-24556 displayed

1  3506 3507 3508 3509 3510  3627