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Update: Stage Now Set for DOL to Adopt More Modest Salary Level for Overtime Exemptions
After the September issue of The Corporate Counselor went to press, Texas Federal Judge Amos Mazzant issued a final ruling striking down the Obama-era overtime rule. An extensive discussion of the rule can be found in the January 2017 edition of this newsletter, when I wrote about Judge Mazzant's previous issuance of a preliminary injunction of the overtime rule, until he could review the case in detail and issue a final ruling. The preliminary injunction halted enforcement of the overtime rule on a nationwide basis. Enforcement of the rule would have more than doubled the minimum salary level that employers would have been required to pay in order for employees to meet the so-called “white-collar” exemptions from overtime pay requirements.
Before President Trump took office, President Obama's Department of Labor (DOL) appealed Judge Mazzant's preliminary injunction to the U.S. Court of Appeals for the Fifth Circuit. President Obama's DOL clearly wanted to save the overtime rule, asked for an expedited appeal, and was challenging Judge Mazzant's preliminary ruling as improper.
After President Trump took office, however, the DOL was in a quandary of sorts — which I discussed in last month's issue.
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Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
The Anti-Assignment Override Provisions
UCC Sections 9406(d) and 9408(a) are one of the most powerful, yet least understood, sections of the Uniform Commercial Code. On their face, they appear to override anti-assignment provisions in agreements that would limit the grant of a security interest. But do these sections really work?