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Archive by tag: Lane Powell PCReturn

USCIS Confirms Pre-Registration Process for H-1B Lottery FY2021

On Friday, December 6 the U.S. Citizenship and Immigration Service (USCIS) announced that it will implement a new pre-registration process for the upcoming H-1B lottery. Employers who want to sponsor an employee or candidate for an H-1B petition...By: Lane Powell PC
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Lane Powell PC | Dec 10,2019 |

ERISA: When Social Security Disability Benefit Decisions Do NOT Have to Be Considered

What happens when the Social Security Administration issues a disability finding after the ERISA administrator has issued the decision denying disability benefits? Is the ERISA administrator obligated to reevaluate the record based on this new...By: Lane Powell PC
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Lane Powell PC | Nov 18,2019 |

ERISA (10th Circuit): ACCIDENTAL DEATH BENEFIT – Death by Speeding Vehicle Excluded Under “Crime” Exclusion

You know that the standard of review applied by courts will significantly impact how courts view an ERISA Plan administrator’s interpretation of an undefined plan term....By: Lane Powell PC
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Lane Powell PC | Oct 07,2019 |

ICE I-9 Audits Have Hit Seattle: How to Minimize Exposure

Audits Are on the Rise - Immigration and Customs Enforcement (ICE) has always had the authority to request and review the Forms I-9 for any employer. ICE audits quadrupled in 2018 over the previous year, and the agency stated it “is carrying out its...By: Lane Powell PC
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Lane Powell PC | Sep 23,2019 |

ERISA: When Can Plan Administrators Get Into Trouble by Deciding a Disability Claim Too Quickly?

ERISA plan administrators are constantly pressured by claimants to render decisions quickly…. This is especially true with short term disability claims....By: Lane Powell PC
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Lane Powell PC | Aug 21,2019 |

ERISA: “I Only Missed It By That Much” — Why the “Substantial Compliance” Doctrine May NOT Excuse Late-Issued Benefit Decisions Anymore

You already know that ERISA regulations set specific timelines for the issuance of ERISA-governed long term disability decisions. See, e.g., 29 C.F.R. 2560.503-1(i)(1)(i) (45 days for disability claims and 60 days for others). In special...By: Lane Powell PC
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Lane Powell PC | Jul 23,2019 |

Maritime Law: Punitive Damages Are Not Available for an Unseaworthiness Claim

This week, the United States Supreme Court released its landmark opinion in Dutra Group v. Batterton, Dkt. No. 18-266 (June 24, 2019), resolving the question of whether punitive damages may be awarded to a Jones Act seaman in a personal injury...By: Lane Powell PC
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Lane Powell PC | Jun 26,2019 |

New Oregon Gross Receipts Tax Presents Special Challenges for Construction Projects Located in Oregon

Oregon has enacted a new gross receipts tax (the “Oregon CAT”), largely based on the Ohio commercial activity tax (“Ohio CAT”), but with significant differences.  We issued a legal update with a detailed summary of the Oregon CAT and its effect on...By: Lane Powell PC
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Lane Powell PC | Jun 10,2019 |
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