Perspective: Kirton McConkie Law Blog

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USCIS reaches Fiscal Year 2018 H-1B Cap

This morning U.S. Citizenship and Immigration Services published the announcement below. Read More

Employer Client Alert - March 2017

U.S. Citizenship and Immigration Services (“USCIS”) released an updated M-274, Handbook for Employers, Guidance for Completing Form I-9.  The new M-274 has a revision date of 1/22/17. Read More

THE IP LEGAL MINUTE - QUARTER #1 2017: EXAMINER LEGAL TRAINING

The USPTO recently released materials for training patent Examiners on how to rebut legal arguments during prosecution. Titled “Responding to Legal Arguments (RLA),” these materials train patent Examiners about (i) the basics of the U.S. legal system and (ii) how to respond to legal arguments made during prosecution. While a start, these training materials are likely to be inadequate to truly help patent Examiners understand the complexities of legal arguments made against their rejections. But the RLA helps clarify the following practice tips. Read More

Employer Client Alert - February 2017

On February 2, 2017, the American Immigration Lawyers Association (AILA) issued the following practice alert entitled “Automatic Extensions of EADs Under ‘High-Skilled’ Final Rule.”

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Federal Court Blocks New Overtime Rule from Taking Effect

The Fair Labor Standards Act (“FLSA”) generally requires that most employers pay nonexempt employees overtime compensation for all hours worked over 40 during a workweek.  Overtime compensation must be at least one and one-half (1½) times the employee’s regular rates of pay.  Some employees are exempt from the FLSA’s minimum wage and overtime requirements.  The FLSA specifically exempts, among others, “any employee employed in a bona fide executive, administrative, or professional capacity.”  29 U.S.C. § 213(a)(1).  These three exemptions have often been collectively referred to as the “white collar” exemptions.  Read More

New Rule: The Fight Against Corruption Speaks French

On November 8, France adopted its new framework legislation against corruption, the Law on Transparency, the Fight against Corruption and Modernization of Economic Life, otherwise called the “Sapin II Law” from the name of its sponsor, Michel Sapin, the French Minister of Finance.  The Sapin II Law elevates French standards to those of the UK, the U.S. and other countries in the international fight for transparency and against corruption; it also represents a strong response to much criticism from the international community for weak domestic enforcement at a time when French companies have received gigantic penalties by U.S. authorities.[1]  Companies with operations in France (as well as French companies operating abroad) will now have to adjust their compliance efforts to take into consideration these new standards. Read More

USCIS Publishes Final Rule For Certain Employment-Based Immigrant and Nonimmigrant Visa Programs

On Friday, November 18, 2016, U.S. Citizenship and Immigration Services (USCIS) released the press release below. Read More

EU and Canada Signed Landmark Trade Agreement

While the U.S. was fully immersed in its presidential elections and took distance from the T.T.I.P. (the long-negotiated international trade agreement between the U.S. and the European Union), and while Great Britain was consumed with its Brexit, the EU responded by creating a free-trade zone with another powerful G7 member, Canada. On Sunday, October 30th, the EU and Canada signed the Comprehensive Economic and Trade Agreement (CETA), a free-trade agreement that, when in force, will eliminate 98% of the tariffs between Canada and the EU and allegedly allow for a half-billion Euros in savings in export taxes.

On Sunday, October 30th
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Privacy Shield: The New Safe Harbor

In the aftermath of the Safe Harbor invalidation, the European Commission and the U.S. Department of Commerce have agreed to a new draft of the “Privacy Shield”. Read More