Pakistan court charges Musharraf with high treason

[JURIST] A court in Pakistan on Monday charged former president Pervez Musharraf [JURIST news archive] with high treason. If convicted, the former leader could face the death penalty. Musharraf pleaded not guilty [BBC report] to each of the charges against him, including unlawfully suspending the constitution, firing Pakistan’s chief justice and instituting emergency rule in 2007. Musharraf called the charges politically motivated, maintained that the country had prospered [CNN report] under his 2001-2008 rule and insisting that his declaring a…

Source: http://jurist.org/paperchase/2014/03/pakistan-court-charges-musharraf-with-high-treason.php

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Taking Chances With Lottery For High-Skilled Workers’ Visas

The deadline for H-1B Visa applications is April 1. In the week after that deadline, a lottery system will determine which high-skilled workers are able to stay and work in the US. NPR’s Kelly McEvers talks with Bhavik Bhatt, who has already struck out once before in the lottery, but is taking his chances again.

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Source: http://www.npr.org/2014/03/30/296863466/taking-chances-with-lottery-for-high-skilled-workers-visas?ft=1&f=1070

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Professor Sues John Marshall Law Under ADA

A longtime professor at The John Marshall Law School in Chicago has filed suit, claiming administrators violated the Americans With Disabilities Act when they declined to accommodate his depression and Asperger’s syndrome.

Source: http://www.law.com/jsp/nlj/PubArticleNLJ.jsp?id=1202637008054&rss=rss_nlj

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Northwestern Football Players Get Approval to Unionize

Northwestern University football players receiving athletic scholarships are employees and therefore can unionize, according to a Wednesday ruling by a National Labor Relations Board regional director.

Source: http://blogs.wsj.com/law/2014/03/26/northwestern-football-players-get-approval-to-unionize/?mod=WSJBlog

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SMU’s Next Law Dean Has Administrative Background

Southern Methodist University has named Wake Forest University Vice Provost Jennifer Collins as the next dean of its Dedman School of Law. Collins, who has also taught law at Wake Forest since 2003, will assume the SMU deanship in July.

Source: http://www.law.com/jsp/nlj/PubArticleNLJ.jsp?id=1202634048159&rss=rss_nlj

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Egypt court sentences two Morsi supporters to death

[JURIST] An Egyptian court on Saturday sentenced two supporters of deposed president Mohammed Morsi [BBC profile; JURIST news archive] to death for murder. The charges stem from violence in Alexandria just after Morsi was ousted. Specifically, the two were convicted of killing Morsi opponents by throwing them off a building. Two of the youths suffered serious injuries while one was pronounced dead at the hospital. The sentences are part of a harsh crackdown on Morsi’s Muslim Brotherhood [JURIST news archive]…

Source: http://jurist.org/paperchase/2014/03/egypt-court-sentences-two-morsi-supporters-to-death.php

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LawBiz® Legal Pad On the Road!: Advertising

Ed is often asked how much a law firm should allocate for advertising. The first thing he asks back is, "What is advertising?" Watch this week’s clip to learn more.

Source: http://feeds.lexblog.com/~r/LawBizBlog/~3/0410gn-8c7U/

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SMU’s Next Law Dean Has Administrative Background

Southern Methodist University has named Wake Forest University Vice Provost Jennifer Collins as the next dean of its Dedman School of Law. Collins, who has also taught law at Wake Forest since 2003, will assume the SMU deanship in July.

Source: http://www.law.com/jsp/nlj/PubArticleNLJ.jsp?id=1202634048159&rss=rss_nlj

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Pharma sales reps are FLSA exempt as outside salesmen (5-4)

This morning the US Supreme Court decided – on a 5-4 vote – that pharmaceutical sales representatives are “outside salesmen” and therefore exempt from overtime under the Fair Labor Standards Act. The Court also unanimously held that the Department of Labor’s recently-announced contrary interpretation was entitled to exactly zero deference.

Christopher v. SmithKline Beacham (US Supreme Ct 06/18/2012)

Christopher, a pharmaceutical sales representative, sued the employer for violation of the Fair Labor Standards Act (FLSA) alleging failure to pay overtime. The trial court granted the employer’s motion for summary judgment and denied Christopher’s motion to amend the judgment based on the trial court’s failure to consider an amicus brief filed by the Secretary of the Department of Labor (DOL). The 9th Circuit affirmed. The US Supreme Court affirmed (5-4).

The job of a pharmaceutical sales representative is to try to persuade physicians to write prescriptions for products in appropriate cases. For over 70 years DOL acquiesced in an interpretation that they were “outside salesmen” who are exempt from FLSA overtime requirements. In amicus briefs filed in Circuit courts DOL took the position that a “sale” requires a “consummated transaction.” In Supreme Court briefing DOL’s position was that there is no “sale” unless the employee “actually transfers title.”

The Court said that the DOL’s new interpretation is entitled to no deference at all because it would impose massive liability for conduct that occurred before the interpretation was announced, there had been no enforcement actions suggesting the industry was acting unlawfully, DOL gave no opportunity for public comment, and the interpretation is “flatly inconsistent” with the FLSA.

The FLSA definition of “sale” includes consignments, which do not involve a transfer of title. Although DOL regulations say that sales include the transfer of title, that does not mean a sale must include a transfer of title. The regulations also use the phrase “other disposition” which – in this unique regulatory environment – includes the work of pharmaceutical sales representatives. The representatives also bear all the exterior indicia of salesmen (average salaries exceeding $70,000, work that is difficult to standardize to a particular time frame, etc.)

The DISSENT reasoned that sales of drugs are made by pharmacists, not pharmaceutical sales representatives. The pharmaceutical sales representative neither make sales nor promote “their own sales.” (The dissent agreed that the DOL’s current views expressed in briefs are not entitled to any weight.)

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Source: http://www.lawmemo.com/blog/2012/06/pharma_sales_re.html

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Out Of White House And Congress, Two Proposals To Change NSA Practices

House Republicans are proposing a limit on the National Security Agency’s phone records program. President Obama also repeated support for having phone companies keep the records, rather than the NSA.

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Source: http://www.npr.org/2014/03/25/294385125/out-of-white-house-and-congress-two-proposals-to-change-nsa-practices?ft=1&f=1070

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