The Department of State (DOS) released the July 2017 Visa Bulletin. The final action dates for Chinese and Indian nationals in the employment-based, first preference (EB-1) category remain unchanged with cutoff dates of Jan. 1, 2012. It is expected that this EB-1 retrogression for China and India will last until October 2017 when the new fiscal … Continue Reading
Last week, the National Indian Gaming Association (NIGA) held their annual Legislative Summit in Washington, D.C. The agenda was packed with Senate and House congressional members and officials from President Trump’s administration reporting on the state of current affairs. A highlight of the NIGA summit was an announcement by the chairman of the National Indian … Continue Reading
On June 19, 2017, the U.S. Supreme Court issued its decision in Matal v. Tam, affirming the Federal Circuit and holding that the Lanham Act’s prohibition against registering disparaging trademarks is unconstitutional because it “is not ‘narrowly drawn’ to drive out trademarks that support invidious discrimination.” Background The Lanham Act is a federal law that … Continue Reading
Barry Richard was quoted in an article in the Miami Herald entitled, “Florida hits $340 million jackpot by settling gambling dispute with Seminole Tribe.” Continue Reading.… Continue Reading
A Sixth Circuit opinion filed this week reaffirms what experienced Fair Labor Standards Act (FLSA) attorneys have known for some time: when it comes to employer arbitration programs, they are not always the panacea that employers (and their lawyers) believe them to be. In Taylor v. Pilot Corp. et al., Case No. 16-5326, a plaintiff-employee … Continue Reading
Employers in the gaming and hospitality arena are eagerly awaiting the results of the upcoming changes to the legal landscape that are expected to emerge from a business-oriented administration. These employers have long tried to reduce the costs and length of litigation, particularly in the context of wage and hour claims, by requiring employees to … Continue Reading
Danielle N. Garno and Erica L. Okerberg co-authored an article in Corporate Counsel entitled, “FTC Notifies Celebrities/Social Media Influencers of Its Endorsement Rules.” To read the full article, click here.… Continue Reading
According to U.S. copyright law, an original work of authorship receives copyright protection from the time the work is created in a fixed form. However, when can a copyright owner sue an alleged infringer for copyright infringement? Is it sufficient that a copyright owner merely filed an application for registration with the U.S. Copyright Office … Continue Reading
As you may have heard, a serious cyber security ransomware attack called WannaCry surfaced on Friday, May 12, and has spread across the globe. It has been described as a cyber pandemic. The initial attacks shut down hospitals in the U.K. and also Asia. Ransomware refers to malware that locks or threatens to lock a … Continue Reading
As the power of Instagram and other social media platforms as marketing tools rises, so does the dollar figure of contracts between brands and the social media influencers (celebrities, athletes, reality stars, etc.) they use to endorse their products – some contracts are reported to be in the seven-figures. Couple this with the influencers’ ability … Continue Reading
On May 2, 2017, the United States House of Representatives (the House) passed the Working Families Flexibility Act (the Act), which would give workers the option of receiving paid time off (PTO) instead of time-and-a-half pay currently mandated by the Fair Labor Standards Act (the FLSA). The Act passed 227-197, largely along party lines, with … Continue Reading
On June 7, 2017, the United States Department of Labor (DOL) reversed its previous guidance issued during the administration of President Barack Obama that broadened the circumstances in which employers could be held liable for misclassification of employees as independent contractors, and as a joint employer with a separate business. New Secretary of Labor Alex … Continue Reading
On April 25, 2017, the Occupational Safety and Health Administration (OSHA) rescinded a Feb. 21, 2013 letter from former Deputy Assistant Secretary Richard E. Fairfax to Mr. Steve Sallman (Fairfax Memo) that permitted workers at a worksite without a collective bargaining agreement to designate a person affiliated with a union or community organization to act … Continue Reading
The International Association of Gaming Advisors (IAGA) held its 36th annual International Gaming Summit May 30-June 1, 2017. The IAGA Summit brings leaders from all global gaming sectors together, providing a unique opportunity to discuss recent and significant issues and challenges facing the gaming industry. At the Summit, Greenberg Traurig’s Carl A. Fornaris, co-chair of … Continue Reading
Erica Okerberg, an associate in the Las Vegas office of international law firm Greenberg Traurig, LLP, is featured in Global Gaming Business (GGB) Magazine as one of its “40 Under 40.” To access the full article, please click here: “Hitting the Ground Running” (Global Gaming Business Magazine, June 2017) … Continue Reading
The Nevada Gaming Control Act (Act) requires an applicant for a gaming license or other approval to appear first before the Nevada Gaming Control Board (Board) on the application. The applicant has the burden of proof and must affirmatively seek the Board’s support and its recommendation to the Nevada Gaming Commission (Commission). The Board can … Continue Reading
Assembly Bill 75 was signed into law on May 23, 2017, by Nevada Governor Sandoval. As previously reported, Assembly Bill 75 would amend what is considered “manufactur[ing]” under the Nevada Gaming Control Act. The proposed amendment would narrow the scope of developers involved in the gaming device manufacturing process that would need to be licensed … Continue Reading
On April 7, 2017, the United States Citizenship and Immigration Service (USCIS) announced that it had received enough H-1B petitions to reach the annual statutory cap of 85,000 visas for fiscal year 2018. The H-1B classification is a non-immigrant visa which permits U.S. employers to sponsor highly-skilled foreign nationals for temporary work authorization in specialty … Continue Reading
“Our 2017 program agenda focuses on critical issues facing gaming, with the discussions benefitting from the deep experience of our international panelists,” said Mark Clayton, a shareholder with Greenberg Traurig and co-chair of the International Gaming Summit committee. “As gaming continues to expand globally, staying abreast of critical issues like the latest anti-money laundering and … Continue Reading
With Greenberg’s help, Hard Rock International and two partners closed on the joint-venture deal on March 31—a venture that local officials are hoping will lead to an economic rebirth in the region and give other investors a reason to return to Atlantic City. “This is the first significant investment in Atlantic City by a new … Continue Reading
Introduction On March 8, 2017, in Somers v. Digital Realty Trust Inc., No.15-cv-17352 (9th Cir., March 8, 2017), the Ninth Circuit Court of Appeals affirmed the district court’s denial of the defendant’s motion to dismiss a whistleblower claim brought under the Dodd-Frank Act’s (“DFA”)’s anti-retaliation provision. In a 2-1 decision, the majority endorsed the approach … Continue Reading
As previously reported, Assembly Bill 75 would amend what is considered “manufactur[ing]” under the Nevada Gaming Control Act. The proposed amendment would narrow the scope of developers involved in the gaming device manufacturing process that would need to be licensed by the Nevada Gaming Commission as “manufacturers.” Assembly Bill 75 has passed the Nevada Assembly … Continue Reading
On March 22, 2017, the Senate passed H.J. Resolution 83, a Congressional Review Act (CRA) resolution (Resolution) that cuts the Occupational Safety and Health Administration’s (OSHA) ability to cite an employer for failing to accurately record work-related injuries and illnesses from five years to six months.1 The resolution blocks and eliminates OSHA’s “Volks” final rule, … Continue Reading
In 2013, the Nevada Legislature authorized independent test labs (ITL) registered with the Nevada Gaming Commission to test gambling games and gaming technology that would be used in Nevada for compliance with the Nevada regulatory requirements. Effective April 1, 2017, manufacturers may request either the Nevada Gaming Control Board (Board) Technology Division or a registered … Continue Reading
