Diversity Lottery 2014 Opens

The U.S. Department of State opened entries for the Diversity Lottery 2014 (DV-2014) beginning Tuesday, October 2, 2012 at noon EDT, and ending Saturday, November 2, 2012, at noon EDT. All entries must be submitted via the Department of State's…
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Sick Times in Seattle: A New Ordinance Provides Generous Leave for Seattle Employees

Beginning on September 1, 2012, a new law in Seattle will require certain employers to offer paid sick and safe time ("PSST") to employees who work within Seattle city limits. The Seattle Paid Sick and Safe Time Ordinance applies to all companies…
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Employers Should Continue Using Current Form I-9 to Verify Employment Eligibility

The U.S. Citizenship and Immigration Services (USCIS) recently announced that employers should continue using the version of Form I-9 currently available on the USCIS website (dated 08/07/09) for purposes of verifying employment eligibility even…
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IRS Issues Guidance on $2,500 Health Flexible Spending Account Limit

The IRS recently issued helpful guidance in Notice 2012-40 on the $2,500 annual limitation on salary reduction contributions to health flexible spending accounts ("FSAs"), effective beginning in 2013.
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JOBS Act Directs SEC to Lift Ban on General Solicitation and General Advertising in Rule 506 Offerings

The recently enacted Jumpstart Our Business Startups Act (JOBS Act) directs the U.S. Securities and Exchange Commission (SEC) to adopt rules that remove the existing prohibition against general advertising and general solicitation in private…
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JOBS Act Amends Exchange Act Registration Thresholds (Part 3 of 3)

This Client Update is the third part of a three-part series on the new Jumpstart Our Business Startups Act of 2012. This update summarizes the amended thresholds for registration under the Securities Exchange Act of 1934 and related changes under the…
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IPO Streamlining and Reduced Reporting Requirements for Emerging Growth Companies, and Regulation A+ Offerings (Part 2 of 3)

This Client Update is the second segment in a three-part series on the new Jumpstart Our Business Startups Act of 2012. This update focuses on streamlined initial public offering and reporting requirements for a newly created category of "emerging…
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JOBS Act Eases Burden on Fundraising for Small Companies (Part 1 of 3)

On April 5, 2012, the President signed into law the Jumpstart Our Business Startups Act of 2012 (the "JOBS Act"), which is intended to ease capital raising for smaller businesses by relaxing regulatory requirements. This update is the first segment…
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SEC Adopts Final Rules on Performance-Based Fees

As discussed in a previous Tonkon Tip, the Securities and Exchange Commission issued an order raising the financial thresholds of Rule 205-3 under the Investment Advisers Act of 1940, which provides that only "qualified clients" may be charged a…
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Transfer on Death Deeds: A Good Tool for Estate Planning in Oregon?

Effective January 1, 2012, Oregon law provides for a new form of deed known as a transfer on death (TOD) deed. These deeds allow an owner of real property to designate a beneficiary who will obtain title to that real property when the owner dies…
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New H-1B Filings Begin April 2

April 2 through 6, 2012, is the initial filing window for new H-1B petitions to be filed against the USCIS FY2013 H-1B quota if the H-1B quota availability is immediately exhausted. Employers should determine as soon as possible whether they have any…
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Final ERISA Service Provider Fee Disclosure Rules Go Into Effect July 1, 2012

On February 2, 2012, the Department of Labor ("DOL") issued final regulations requiring service providers to ERISA retirement plans to disclose information about the service providers' compensation and potential conflicts of interest. The final rules…
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Preparing for the 2012 Proxy Season

This Client Update provides an overview of corporate governance and disclosure matters that U.S. public companies should note as they approach the 2012 proxy season. The matters addressed will not apply equally to all companies, and their…
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Washington Tax Nexus: Can You Afford to "Sleep Like a Baby?"

Mattress World, whose radio ads told listeners "it's not too late to sleep like a baby," recently announced that it owes the State of Washington approximately $1.7 million in uncollected sales taxes and will be shutting down its business.
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SEC Overhauls Form ADV Part 1A to Conform to New Dodd-Frank Requirements

The Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 has significantly changed how investment advisers are regulated. Among other things, the Act (a) increased the amount of assets under management required for SEC registration and…
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New Employment Laws Ring in the New Year

The Oregon legislature enacted a few employment laws this year which go into effect on January 1, 2012.
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Dodd-Frank Broadly Expands SEC Whistleblower Program (Part 2 of 2)

As discussed in a previous update, the Securities and Exchange Commission recently issued final rules implementing its new whistleblower program designed to encourage reporting of potential violations of the federal securities laws.
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Dodd-Frank Broadly Expands SEC Whistleblower Program (Part 1 of 2)

The Securities and Exchange Commission recently issued final rules implementing a whistleblower program designed to encourage reporting of potential violations of the federal securities laws to the SEC to enhance its success in enforcement actions.
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Current H-1B Cap Count for Fiscal Year 2012

As of October 14, 2011, U.S. Citizenship and Immigration Services (USCIS) reported that only approximately 21,700 of the regular 65,000 H-1B visas for Fiscal Year 2012 remain available. The quota provides for 65,000 H-1B visas and 20,000 additional H…
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Train Supervisors to Recognize Requests for Reasonable Accommodations

The Americans With Disabilities Act (and similar state statutes) places obligations on employers to provide reasonable accommodation to employees with disabilities. The sticky part is what exactly constitutes a request for a reasonable accommodation…
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