Posts Categorized: Alerts

Court rejects legal challenge to NLRB “Ambush Election” rule

In April 2015, the National Labor Relations Board’s “ambush election” rule became effective, shortening the time between a union’s request for an election and the election itself to just two weeks.  The U.S. District Court for the District of Columbia rejected a legal challenge to the rule. The lawsuit argued that that the new rule… Read more »

Maine Estate Tax Update

On June 30, 2015 the Maine Legislature voted to override Governor LePage’s veto of the State Budget, which means the proposed Budget became law.   Among the changes to Maine law as a result of the veto override was a change to the Maine Estate Tax Law, codified as 36 M.R.S.A. §§ 4101-4118, which is set… Read more »

NLRB reverses its course on e-mail policies

Historically, the National Labor Relations Board (NLRB) stated in its 2007 Register Guard case that employees did not enjoy rights granted to them by Section 7 of the National Labor Relations Act in the context of using company e-mail. The Board concluded in a 3-2 decision that employees had no Section 7 rights to use company… Read more »

Maine Law Court decision demonstrates need for caution in negotiating agreements

The Maine Supreme Judicial Court recently held that two attorneys verbally entered a binding settlement agreement during a deposition in a probate matter, even though no formal written agreement was ever signed or agreed to.  This case highlights the importance of using clear language during negotiations that no agreement is final until a formal, written… Read more »

FTC pushes to regulate corporate cyber security

As reported in the Wall Street Journal (Tuesday, April 8, 2014), United States District Court Judge Esther Salas in New Jersey has rejected claims by Wyndham Worldwide Corp. that the FTC does not have power to regulate corporate data security issues.  According to the WSJ, the federal court ruled on Monday that the FTC’s authority allowed it to bring… Read more »

U.S. Supreme Court rules that severance payments are taxable wages

The U.S. Supreme Court has recently ruled that severance payments are taxable wages under the Federal Insurance Contributions Act (FICA).  In a unanimous decision issued on March 25, 2014, the Court overturned a decision of the U.S. Court of Appeals for the 6th Circuit, which had earlier ruled that severance payments are not taxable wages. … Read more »

Senate introduces Data Security Act

On January 15, 2014, Sens. Tom Carper (D-Del.) and Roy Blunt (R-Mo.) introduced legislation to improve safeguards for consumer information.  The Data Security Act would require companies that accept credit or debit card payments to have policies and procedures in place to protect consumer data from hackers and to act on breaches.  According to the… Read more »

New Maine law allows for future modification of spousal support award

The Legislature recently enacted a change to Maine’s spousal support laws.  Under the older version of the law, a divorce judgment could expressly read that a person’s spousal support obligation is not subject to future modification.  19-A M.R.S. § 951-A(4). In other words, the Court had the authority to bind the parties to a specific… Read more »