Government Regulation

Native American Law: Know Your Commercial Rights and Obligations

Native America tribes and their holdings are exempt from many state and municipal regulations and taxes by virtue of the exclusivity clauses of several federal laws to which tribes and their lands are subject. A recent federal circuit court opinion held that the Indian Reorganization Act of 1934 prohibits state taxes on Indian land rights,

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U.S. Work Visa Clarifications: Will They Result in Increased Approvals?

The United States Citizenship and Immigration Service recently implemented a memo intended to clarify for USCIS officers how to apply the “specialized knowledge” requirement when reviewing petitions for the L-1B visa. The L-1 visa is a nonimmigrant visa classification allowing companies to transfer employees from a related foreign entity to a U.S. company.  Historically, the

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Defining “Waters” Subject to Federal Jurisdiction: Controversy in the United States

The U.S. Environmental Protection Agency (USEPA) recently promulgated the new Clean Water Rule for the stated purpose of protecting “the streams and wetlands that form the foundation of the nation’s water resources.” The Rule includes a definition of “waters” of the United States which has far-reaching effects on water use by businesses and municipalities. Various agencies

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New Teeth To United States Anti-Kickback Statute Enforcement

Health care anti-kickback statutes make it illegal to knowingly offer, pay, solicit, or receive any remuneration to induce or reward referrals subject to reimbursement by a U.S. federal health care program. Recently the Office of Inspector General released a Fraud Alert clarifying those transactions and arrangements it may deem questionable.  This Fraud Alert and recent activity

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Unofficial Government “Fees”: One Country Moves Towards Elimination

Doing business in some countries can involve payment of unofficial “fees” to government officials in order to obtain requisite permissions, licenses, etc. Aside from the unexpected cost these “fees” add to the expense of doing business, payment of such “fees” often violates corporate policies or other nations’ business laws, creating corporate compliance risk. In Thailand,

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