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EB-2 category for China and India is no longer unavailable; cutoff dates remain for Rest of the World EB-2 category

H-1B visas for this fiscal year are being used at a significantly increased rate from previous years.

Employers should begin to use the new version of the Form I-9, "(Rev. 03/08/13)N," immediately.

In Wellman, Inc. v. Eastman Chemical Co., No. 2010-1249 (Fed. Cir. Apr. 29, 2011), the Federal Circuit affirmed the U.S. District Court for the District of Delaware’s grant of summary judgment on invalidity of Wellman’s patent claims for failure to disclose the best mode.

On October 9, California Governor Jerry Brown signed into law Senate Bill 459, which prohibits employers from willfully misclassifying workers as independent contractors.

On January 19, 2012, FERC granted a request for jurisdictional determination filed by Kenai Pipe Line Company (Kenai), Tesoro Alaska Company (Tesoro Alaska), and Tesoro Logistics Operations, LLC (collectively, Tesoro).

Countering an earlier remand from the Seventh Circuit, the Commission explains why a regional transmission organization should use a postage stamp methodology to allocate the costs of its new high-voltage transmission lines.

On March 28, the U.S. Environmental Protection Agency (EPA) issued proposed regulations under section 316(b) of the Clean Water Act that set standards applicable to cooling water intake structures for the protection of aquatic organisms.

The Food and Drug Administration's (FDA's) Center for Devices and Radiological Health (CDRH) today announced its plan of action for implementation of its 510(k) and science recommendations.

Discovery, in this age of cheap data storage and voluminous communication, can be a daunting and expensive prospect. As deadlines loom and hours accumulate, it is tempting to settle for "good enough" and hope for leniency.

The state continues to lead the United States in the data privacy and security field by giving minors an Internet "delete" option and requiring disclosures about "do not track" practices.

Though limited to the D.C. Circuit, Stephens v. US Airways now stands as a warning that delayed payouts of ERISA benefits may draw claims for interest—unless those delays are tied to administrative processes.

This highly anticipated decision strikes down the NLRB's new election procedures in their entirety, finding the Board did not act with the required three-member quorum when it approved the final rules in December 2011.

On September 27, President Obama signed into law the Small Business Jobs Act (H.R. 5297) (SBJA). Hidden in this legislation is much-needed relief to all businesses (small or large) and their employees concerning the business and personal use of employer-provided cell phones, including personal digital assistants (PDAs) with mobile communication features and smartphones (collectively, cell phones).

Amendment to New York Labor Law allows previously prohibited deductions, including those for overpayment and advances on salary and vacation.

In George Grigos and Aramingo Diner, Inc. v. Certain Underwriters at Lloyds, London, Case No. 10- 3684 (Common Pleas, Phila., Dec. 21, 2010), the Commonwealth Court of Pennsylvania ruled that an insurance company’s failure to properly and timely handle a claim violated the requirements of Pennsylvania’s Unfair Insurance Practices Act (UIPA).

On September 7, the Third Circuit Court of Appeals affirmed a district court grant of summary judgment on behalf of NutriSystem, Inc. (NutriSystem) in Parker v. NutriSystem, Inc.