Author: Modrall Sperling

The United States Supreme Court has agreed to review an appeal from a decision by the Eighth Circuit Court of Appeals that found that the Corps of Engineers’ Approved Jurisdictional Determinations (“JD”) are final agency actions and are immediately appealable under the…

Two federal courts have preliminarily halted the enforceability of the “Clean Water Rule”[1. 80 Fed. Reg. 37,054 (June 29, 2015), available here.]  promulgated jointly by the U.S. Environmental Protection Agency (“EPA”) and the U.S. Army Corps of Engineers (“Corps”) to define anew “waters…

Corporate trendsetters are moving in the direction of eliminating a historical function of human resource departments: the annual performance evaluation. Accenture recently declared its independence from the evaluation process, but it is certainly not alone in its departure from this time honored…

When defending against an employee’s claims, an initial step that every employer should take is to determine if the employee has filed a Chapter 7 Voluntary Petition for bankruptcy in the recent past. If an employee filed for bankruptcy and failed to…

On June 15, 2015, the New Mexico Supreme Court issued a decision that clarified the Indian country status of a certain parcel of land in New Mexico that had been the subject of conflicting state and federal court decisions.  In State of New…