Newsletters & Publications
Our attorneys are pleased to offer you leading industry knowledge on what's happening in the legal arena. Below, you will find information on publications and articles authored by MVA attorneys, as well as practice group newsletters such as: Employment Law News, Immigration Update and Impact IP.
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USCIS Releases New I-9 Form
Immigration Practice Team
November 8, 2007
Revisions to new I-9 form bring the form into compliance with latest immigration laws.
Immigration Update
USCIS Publishes Final Rule on Travel for H & L Nonimmigrants
Immigration Team
November 1, 2007
Global Solutions: Demanding Total Accountability For Climate Change
Tom Mullikin
Examines the problems surrounding the implementation of sound social policy to address global climate change.
Truck Stop Politics: Understanding the Emerging Force of Working Class America
Tom Mullikin
Examines the key voting block in America and looks at how the working class is coming to terms with the 21st century realities of globalization.
Community Participation in Environmental Protection, UCLA Journal of Environmental Law & Policy
Tom Mullikin, Nancy Smith
Provides an alternate model to citizen suit litigation by promoting a partnership between communities and industry that can effectively address and rectify communities' environmental concerns
Immigration Update
USCIS Raises Filing Fees as of July 30, 2007
Immigration Practice Team
U.S. Citizenship and Immigration Services (USCIS) increases fees for petitions and applications.
Inextricably Intertwined, Environmental Mangement and the Public, The Georgetown International Law Review
Tom Mullikin, Nancy Smith, Michael Champion
Contends that industry should see environmental public participation rights as a means of mitigating risk and allocating cost of development among a number of stakeholders
Immigration Update
H-1B Cap Reached for Fiscal Year 2008
Immigration Practice Team
U.S. Citizenship and Immigration Services (USCIS) announced today that it has received enough H-1B petitions to meet the congressionally mandated cap for fiscal year 2008 (FY 2008). As of late Monday afternoon (April 2), USCIS had received approximately 150,000 cap-subject H-1B petitions. Therefore no new H-1B petitions for FY2008 will be accepted as of Wednesday, April 4.
Immigration Update
H-1B Visa Cap
Immigration Practice Team
As of April 1, 2007, the United States Citizenship and Immigration Service ("CIS") will begin accepting H-1B Cap Subject Petitions for the new fiscal year beginning October 1, 2007. Unlike other visa types, H-1B Professional Worker visas are subject to a limitation – or "cap" – on the number of petitions that the CIS will grant each federal fiscal year.
Immigration Update
H-1B Cap Imminent for U.S. Masters Degree Holders
Immigration Practice Team
As of July 6, 2006, USCIS has received or granted more than 15,000 H-1B applications for foreign workers with a U.S. Advanced Degree. The cap of 20,000 will soon be reached.
Immigration Update
H-1B Cap Imminent
Immigration Practice Team
As of May 25, 2006, USCIS approved 7,718 H-1B beneficiaries (not holding a U.S. Advanced Degree) with an additional 41,316 applications pending, for a total of 49,034 applications either granted or pending.
impactIP - Knowledge Bulletin
The IP Team: Better decisions to build a stronger IP portfolio
impact IP - Knowledge Bulletin
Invention Capture: The Beginning of Intellectual Property Management
impact IP - Knowledge Bulletin
Intellectual Property Risks in the Global Innovation Economy
Intellectual Property Practice Team
impact IP - Knowledge Bulletin
Highlights from the 2005 "Special 301 Report" from the U.S. Trade Representative - A key source for global IP strategy information
Intellectual Property Practice Team
Employment Law News
Age Discrimination Based on a Neutral Policy — A New Threat
Employment & Labor Practice Team
In a significant case for employers, the U.S. Supreme Court recently ruled that the Age Discrimination in Employment Act (ADEA) allows current and former employees to prevail on claims for age discrimination even when an employer did not intentionally discriminate based on age.
Employment Law News
When Does an Employer Obtain a Background Check on an Applicant?
Employment & Labor Practice Team
Historically, employers in most circumstances have had no duty to investigate a prospective employee’s prior work history or background, unless the employer knew of circumstances indicating the applicant was unsuitable. Exceptions were made for jobs that could pose unusual danger if the wrong person were hired e.g., armed security guards. A recent decision by the federal Court of Appeals for North and South Carolina demonstrates the continuing evolution in the employer’s duty to make an appropriate investigation into an applicant’s background before extending an offer of employment.
Employment Law News
Fair Credit Reporting Act and Third Party Investigations
Employment & Labor Practice Team
An employee commits an alleged act of misconduct. You, the employer, decide to have an outside firm investigate. The investigation should be conducted in accordance with the safe harbor provisions of the Fair Credit Reporting Act (FCRA) to avoid the advance consent and disclosure requirements of FCRA.
Employment Law News
Workplace Violence Prevention Act
Employment & Labor Practice Team
An employee receives an actual threat of workplace violence—what do you do? Effective December 1, 2004, North Carolina employers have another tool to help prevent workplace violence. The recently enacted Workplace Violence Prevention Act allows employers to seek a civil no-contact order on behalf of an employee who has been threatened with or actually suffered physical harm as a result of an individual’s action.
Employment Law News
Non-Union Employees Have No Weingarten Right
Employment & Labor Practice Team
In an important decision affecting all non-union employers, the National Labor Relations Board (NLRB) recently reversed itself when it concluded that employees at non-union companies have no right to have a co-worker present during an investigatory interview.
Employment Law News
Another Step in the Trend Disfavoring Employee Noncompetes
Employment & Labor Practice Team
The North Carolina Court of Appeals, following a recent trend and joining what South Carolina courts have concluded, recently held a noncompete overbroad and unenforceable because it prohibited an employee from performing work after termination that was not related to the work that he did for the employer. VisionAIR, Inc. v. James.