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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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Diversity Lottery 2013 Opens

The U.S. Department of State opens entries for the Diversity Lottery 2013 beginning October 4, 2011 at noon EDT, and ending November 5, 2011, at noon EDT.
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New .xxx Domain Names - Opportunity to Safeguard your Trademarks

After many years of debate, the new sponsored top-level domain ("TLD") .xxx has been approved. The .xxx TLD is targeted at the adult entertainment industry.
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SEC Finalizes Dodd-Frank Rules Affecting Private Investment Fund Managers

The Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 makes significant changes to the current investment adviser regulatory regime.
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Federal Incentives for Commercial Buildings to Go Green

Cutting down on energy costs is beneficial for companies long term, but making the upfront investment to cut those costs can be significant. However, some little-known federal incentives may help with the cost of transitioning your building into an…
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SEC Raises "Qualified Client" Thresholds

On July 12, 2011, the Securities and Exchange Commission issued an order raising the financial thresholds under Rule 205-3 under the Investment Advisers Act of 1940, which permits registered investment advisers to charge certain clients a performance…
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SEC Extends Deadlines for Compliance with New Investment Adviser Registration Regime under Dodd-Frank

As we detailed in a previous Tonkon Tip, the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 ("Dodd-Frank") makes significant changes to the current investment adviser regulatory regime.
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New ERISA Participant-Directed Plan Disclosure Rules

A discussion of the new Department of Labor rules, enumerating the plan and investment-related information that employers must furnish to participants.
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From Aesop to the Supreme Court

In 1679, La Fontaine memorialized Aesop's famous Cat's Paw fable into verse as a metaphor for princes who do kings' dirty deeds and receive no reward. In the fable, a monkey convinces a cat to take roasting chestnuts out of a fire. After the cat…
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BlackBerry Use and Overtime Laws: the Lawsuits Have Started

Thinking about giving a BlackBerry or an iPhone to your employees? Think again. As the lines between business hours and private lives become blurred by always-there-technology, employers are facing new challenges in administering wage and hour laws…
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Get Ready Now to Comply with ERISA Service Provider Fee Disclosure Rules

On January 1, 2012, new rules go into effect that will require investment advisers, brokers and others who provide services to ERISA plans to disclose to plan fiduciaries information relating to the service provider's compensation. This disclosure is…
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City and County Income Tax Traps

The Multnomah County Business Income Tax and the Portland Business License Law (the City/County Tax) is a 3.65% combined tax on "business income" apportioned to the city and county under a single sales factor. The City/County Tax is loaded with…
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SEC Extends Deadline for Brochure Supplements for Certain RIAs

As discussed in a previous Tonkon Tip, the SEC recently amended the requirements of Form ADV Part 2 to require registered investment advisers to provide clients with a "brochure" under Part 2A of Form ADV and "brochure supplements" under Part 2B of…
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Oregon State Taxation of Nonqualified Deferred Compensation Plan Benefits

Hypothetical: Oregon executive will begin to receive payments from a nonqualified deferred compensation plan upon retirement. He plans to move to Washington state following retirement. Will the payments be subject to Oregon income tax?
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DOL Proposes Broader Definition of ERISA "Fiduciary" Applicable to Investment Advisers

On October 22, 2010, the Department of Labor ("DOL") published proposed regulations that would broaden the definition of when a person is an ERISA "fiduciary" by reason of giving investment advice to an employee benefit plan or a plan's participants…
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Tonkon Torp water law expert to address Portland City Club

Janet Neuman, senior counsel on water law at Tonkon Torp, will speak at the Portland City Club on Friday, December 3 at 12:15 p.m. on "The Politics of Water."
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