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      All articles — page 11

      The full library in alphabetical order, across every area of law.

      Workplace Immigration

      What an Employer May Not Do While a Case Is Contested

      While a verification mismatch is being contested, an employer may not terminate, suspend, delay training, withhold or lower pay, or take any other adverse action against the worker because of the mismatch. The standstill lasts until the case reaches a final result. Ordinary personnel decisions unconnected to the mismatch remain available, but the employer carries the burden of showing that the decision had an independent basis.

      6 min readFederal law

      Workplace Immigration

      What Arrives With an Inspection Notice, and What It Demands

      Inspection of the verification forms requires no warrant or subpoena, and the regulation entitles the employer to at least three business days' notice. In practice the notice arrives with a subpoena listing supporting records the agency also wants: payroll, active and terminated employee lists, articles of incorporation and business licenses. The subpoena is the enforceable instrument, and its schedules define the true scope of the production.

      6 min readFederal law

      Public Finance

      What Bond Counsel Actually Opines On

      Bond counsel delivers an approving opinion covering due authorization, validity and enforceability of the obligations, and a separate conclusion on federal tax treatment. Each rests on stated assumptions about the accuracy of certificates and on the issuer's covenants to comply with continuing requirements. Enforceability is qualified by bankruptcy and equitable principles, and the opinion speaks only as of its date, with no undertaking to revisit later events.

      6 min readFederal law

      Campaign Finance

      What Counts as a Contribution

      A federal contribution is any gift, subscription, loan, advance or deposit of money or anything of value made to influence an election for federal office. The definition captures goods and services supplied at no charge or below the usual charge, loans and loan guarantees, and payments made to third parties on a committee's behalf. Narrow statutory exemptions remove volunteer time, certain uses of personal property and some vendor practices from the definition.

      6 min readFederal and state

      Utility Ratemaking

      What Enters the Rate Base

      Rate base is the net investment on which a utility is permitted to earn a return. Plant enters it when it is used and useful in rendering service, valued at original cost less accumulated depreciation, adjusted for working capital and reduced by deferred taxes and customer-supplied capital. Investment is also tested for prudence, judged on the information available when the commitment was made.

      6 min readState law

      Campaign Finance

      When a Group Becomes a Political Committee

      A group becomes a federal political committee when it receives contributions or makes expenditures above a statutory threshold in a calendar year. Courts have narrowed that trigger for groups engaged in other activity by requiring that federal campaign activity be the organization's major purpose. Crossing the line compels registration, a treasurer, segregated funds, contributor records and periodic reporting, and the duties run from the crossing rather than from registration.

      6 min readFederal and state

      Ethics & Lobbying

      When Contact With an Official Becomes Lobbying

      A lobbying contact is a communication to a covered legislative or executive branch official, made on behalf of a client, about legislation, rules, programs, contracts, or nominations. A long list of exceptions removes testimony, responses to written requests and public comments. An individual becomes a lobbyist by making more than one contact for a client while devoting a stated share of time to lobbying activities, and registration follows only once income or expense thresholds are met.

      6 min readFederal and state

      Professional Liability

      When the Limitation Period Starts to Run

      Limitation periods for professional liability claims are set by state law and vary in length, trigger and tolling. The traditional rule ran the period from the negligent act. Most states now apply a discovery rule keyed to when the claimant knew or should have known the facts constituting the wrong, and several also require actual injury before the claim accrues. Continuous representation, concealment and disability commonly suspend the running, subject to an outer limit.

      6 min readState law

      Surety & Payment

      Who May Claim, by Tier

      A payment bond protects persons who furnished labor or material in carrying out the bonded work, but the class is limited by contractual distance from the prime contractor. Persons in privity with the prime form the first tier and generally need give no notice. Persons in privity with a subcontractor form the second tier and must give notice. Suppliers to suppliers usually fall outside the class entirely, and whether a party is a subcontractor or a supplier decides the tier.

      6 min readFederal and state

      Workplace Immigration

      Who Must Use Electronic Verification and Who Chooses To

      The federal immigration statute requires document-based verification of every new hire but does not require electronic verification. Participation arises from a federal acquisition clause, from state laws enacted under the licensing exception to federal preemption, or from a voluntary memorandum of understanding. All three routes lead to the same operating rules, and an employer that joins voluntarily is held to them exactly as a mandated employer is.

      6 min readFederal law