About Robert Flow

Robert Flow is a legal writer and content marketer who investigates leads and tracks down interesting stories.

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About Robert Flow

Robert Flow is a legal writer and content marketer who investigates leads and tracks down interesting stories.

Principal Deputy Associate Attorney General William J. Baer Delivers Remarks at the Naval Justice School

The article is a transcript of the Principal deputy Associate General’s speech that was given a the Naval Justice School on Monday, September 12, 2016. The Attorney General addresses a lot of different subjects, like some of the program requirements at the school and also speaks about some of the issues that are now being faced in the field and the different fields of study that can be obtained at the school.

Principal Deputy Associate Attorney General William J. Baer Delivers Remarks at the Naval Justice School

Overview of L-1 Visa Category: Establishing Branch and Transferring Personnel to United States

The L Visa is for people who that live outside the united states that have been working in a managerial position for 1 out of the past 3 years. this allows them to be able to be transferred to America on a work visa. They must hold an executive role in America. This can also be acquired by purchasing an existing us business and opening a new office. They are normally allowed to stay for three years.

Key Takeaways:

  • Fundamental to the L visa category is the ability to document the corporate relationship between the overseas entity and the sponsoring employer in the United States.
  • economy by leveraging the talent and expertise of its top employees who will lead the new venture under the same international brand name.
  • Normally, an individual coming to the United States in L-1 status is given an initial period of stay of three years.

“Fundamental to the L visa category is the ability to document the corporate relationship between the overseas entity and the sponsoring employer in the United States.”

http://www.natlawreview.com/article/overview-l-1-visa-category-establishing-branch-and-transferring-personnel-to-united

Expect More Secret Recordings in Wake of Carlson Settlement

In a time when sexual harassment is hard to prove Gretchen Carlson received a $20 million dollar settlement from 21st Century Fox. How did Carlson do it? She spent more than a year using her iPhone to secretly record her harasser, network CEO and President Roger Ailes. This has seemed to raise a controversy over whether secret recordings should be allowed and if companies should institute policies for or against this.

Key Takeaways:

  • Gretchen Carlson’s widely publicized $20 million settlement with 21st Century Fox likely will lead to more secret recordings of harassing conversations, legal experts predict.
  • in most states, one-party-consent recordings are perfectly legal
  • Sometimes, e-mail can provide solid evidence of harassment. But if the harassed individual “can get a recording of the wrongdoer’s voice, it’s hard to deny that.”

“A lot of these cases come down to he said/she said,” Spiggle remarked. Sometimes, e-mail can provide solid evidence of harassment. But if the harassed individual “can get a recording of the wrongdoer’s voice, it’s hard to deny that.”

https://www.shrm.org/resourcesandtools/legal-and-compliance/employment-law/pages/secret-recordings-harassment.aspx?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+shrm%2Femploymentlawsregulations+%28SHRM+Online+Employment+Laws+and+Regulations+News%29

Updated EEOC Retaliation Guidance Suggests Scrutiny for Internal Investigation Practices

The Equal Employment Opportunity Commission takes an expansive position on protection given to persons who make internal complaints about discrimination in bad faith in updated guidance on retaliation law. The updated guidance stresses the importance of the anti-retaliation provisions in Title VII of the Civil Rights Act, the Age Discrimination in Employment Act, the Americans with Disabilities Act, and the Genetic Information Nondiscrimination Act.

Key Takeaways:

  • The Equal Employment Opportunity Commission takes an expansive position on protection given to persons who make internal complaints about discrimination in bad faith.
  • Retaliation is the most frequently alleged basis of discrimination before the EEOC. Charging parties assert retaliation in almost 45 percent of charges filed with the Commission.
  • The EEOC’s updated guidance reiterates that an employee must engage in protected activity to establish a retaliation claim. Historically, protected activity has been divided into two categories: “opposition” and “participation.”

“Employers understand that it is crucial to allow employees to bring complaints of discrimination. To that end, many employers have maintained anonymous hotlines so employees can bring discrimination to the attention of management without identifying themselves.”

http://www.natlawreview.com/article/updated-eeoc-retaliation-guidance-suggests-scrutiny-internal-investigation-practices

New ACA Marketplace Notices to Employers Require Action

Affordable Care Act confusion strikes again! Has your company received the New ACA Marketplace Notice? If so you could find yourself paying penalties to the IRS. There may be circumstances under which an employer can appeal to the Marketplace. Before just paying up check to see if you are actually someone who needs to pay this penality.

Key Takeaways:

  • The employer shared responsibility penalties that may be imposed under the Affordable Care Act (ACA) are substantial
  • An employer may file an appeal to the Marketplace if the employer believes a mistake has been made about an employee’s eligibility for APTC.
  • For 2016, an employer of 50 or more full-time equivalent employees is considered an ALE subject to the ACA’s employer shared responsibility penalties.

“The notice will explain that, with respect to a certain year or period, the employee has been determined to be eligible for advance payments of premium tax credit or cost-sharing reductions (collectively, APTC) to help the employee pay for Marketplace coverage, and that the employee has enrolled in coverage through the Marketplace.”

http://www.natlawreview.com/article/new-aca-marketplace-notices-to-employers-require-action

Assistant Attorney General John C. Cruden Delivers Remarks on Combating Wildlife Trafficking at the International Union for Conservation of Nature World Conservation Congress

The article details information regarding the illegal trafficking of wildlife and natural resources internationally, and what the E.N.R.D. and other organizations have been been doing to help resolve these issues. Wildlife traffickers are being prosecuted as a first hand method in order to bring a stop to the practice. There are also operations in place such as “Operation Crash” and “Operation Totoaba Drama” to detect and deter such criminals and bring them to justice. As a global problem, a global solution must be met.

Key Takeaways:

  • ENRD spearheads the Department of Justice’s work on combating wildlife trafficking.
  • We prosecute wildlife traffickers under statutes that focus explicitly on wildlife protection—like the Lacey Act, the Nation’s oldest wildlife protection law and the Endangered Species Act—as well as under more general criminal statutes that prohibit conspiracy, smuggling and money laundering.
  • Increased international cooperation and collaboration are critical. We need to build their capacity to craft strong laws, strengthen their investigative and evidence-gathering capabilities and improve their judicial and prosecutorial effectiveness.

“I am proud of the Administration’s deep commitment to combating wildlife trafficking and excited by what has been accomplished thus far through the whole-of-government approach that has heightened attention to this critical issue.”

https://www.justice.gov/opa/speech/assistant-attorney-general-john-c-cruden-delivers-remarks-combating-wildlife-trafficking

IRS Publishes Guidance Allowing Taxpayers to Self-Certify An Excuse from the 60-day Rollover Rule in Specified Hardship Scenarios

Have you recently rolled over a retirement plan or IRA, or do you plan to do so in the near future? If rolling over is in the cards for you don’t forget about the deadlines to avoid additional taxes on early distributions. There are some new rules and guidelines out there that may apply to your situation. See the full article to determine if any of these apply to your situation.

Key Takeaways:

  • An error by the financial institution in receiving a contribution or distributing assets relating to a contribution.
  • The distribution was inadvertently deposited to, and left in an account the participant believed was, an eligible retirement plan, but was not.
  • A foreign country imposed a restriction which delayed deposit of the participant’s plan asset.

“In Rev. Proc. 2016-47, the IRS published guidance to assist participants who, because of certain circumstances of hardship, miss the 60-day deadline for rolling over qualified retirement plan or IRA assets and, without a legally authorized excuse, would otherwise be required to pay additional taxes due on early distributions.”

http://www.natlawreview.com/article/irs-publishes-guidance-allowing-taxpayers-to-self-certify-excuse-60-day-rollover

Supreme Court Holds Implied Certifications Create False Claims Act Liability

A recent Supreme Court Ruling has opened the doors for healthcare providers and offices to be held liable for any and all false claims submitted. False Claims submitted to the Federal Government for payment will now risk heavy fines. The Courts decision cited a case, which they are sure was just one of many, where several unlicensed and qualified medical professionals diagnosed and prescribed medication for a teenager which later died from their decisions. This decision will certainly make healthcare providers think twice about submitting false claims.

Key Takeaways:

  • The Court lays out strict standards for imposing liability under the doctrine. 
  • The False Claims Act (FCA) is the primary vehicle for the federal government to recoup losses suffered through fraud.
  • The FCA doctrine of implied false certification goes one step further and treats a bill submitted to the government as an implicit assurance that that the bill is a lawful claim for payment.

“The False Claims Act (FCA) is the primary vehicle for the federal government to recoup losses suffered through fraud.”

http://www.natlawreview.com/article/supreme-court-holds-implied-certifications-create-false-claims-act-liability

OSHA Introduces Pilot to Expedite Whistle-Blower Claims

OSHA creates program to push investigation findings to Department of Labor, in their western region. This is less about workplace safety, as often comes to mind when one thinks about OSHA, but helps claims go through considerably faster leaving less opportunity for employer back lash. So long as the six criteria are met an employee can take advantage of this program to move proceedings along much more quickly than before. This is not a punishment for employers but a reminder to adhere to their policies and keep their employees safe.

Key Takeaways:

  • Some employees who file whistle-blower complaints with OSHA’s western regional office may now have a judge review their claims a little faster.
  • OSHA rolled out an “expedited case processing pilot” on Aug. 1 in its western region
  • “The ultimate goal is to bring about quicker resolution for whistle-blowers and their employers regarding claims of retaliation for reporting safety and other concerns on the job”

“The ultimate goal is to bring about quicker resolution for whistle-blowers and their employers regarding claims of retaliation for reporting safety and other concerns on the job,”

https://www.shrm.org/resourcesandtools/legal-and-compliance/employment-law/pages/osha-whistle-blower-pilot.aspx?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+shrm%2Femploymentlawsregulations+%28SHRM+Online+Employment+Laws+and+Regulations+News%29

Mackinac Partners Welcomes Senior Restructuring Executives Michael Nowlan and Craig Boucher

Mackinac Partners is proud to welcome to the team Michael Nowlan and Craig Boucher. Michael Nowlan will be assuming the position as Senior Managing director due to his strong history in financial turnaround. Craig Boucher will be joining the firm as a Managing Director. This position will be nothing new to him as he has held it at other leading advisory firms. The future of Mackinac Partners has just grown even stronger with these new additions.

Mackinac Partners Welcomes Senior Restructuring Executives Michael Nowlan and Craig Boucher