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PROFNET EXPERT ALERTS: Fracking / DOL App / Osama bin Laden
May 23, 2011
1. Building: Appeals Could Improve Arbitration Process
2. Building: Energy Star Certification Makes the Difference
3. Building: Low-Maintenance Ground Cover
4. Business: SEC May Require Disclosure of Data Breaches
5. Business: Verdict Showcases Dangers in Challenging the FCPA
6. Finance: Mortgage Rejected?
7. Real Estate: Meeting the Needs of Today's Buyer
8. Science: Methane Found in Water Near Fracking Sites
9. Workplace: Suing Over Wages? There's an App for That
10. Workplace: Talking About Osama bin Laden at Work
**1. BUILDING: APPEALS COULD IMPROVE ARBITRATION PROCESS. John Slates, Dallas attorney and head of the Construction Practice Group at Gardere Wynne Sewell: "The Supreme Court of Texas recently issued a ruling that could help solve one of the major complaints about the arbitration process -- the lack of any real right of appeal of a runaway award. The Nafta Traders Inc. v. Quinn ruling could have a significant impact on the construction industry, which historically has relied heavily on arbitration to solve disputes. Previously, once parties submitted a dispute to arbitration, that ruling was generally binding, with no opportunity for judicial appeal of the arbitrators' application of the facts or the law. Now, as long as both parties agree when the original contract is signed that it will be covered by the Texas Arbitration Act, the parties can provide for judicial review of arbitration awards on the terms provided for in their contract. In many ways, the Nafta Traders decision allows construction companies in Texas to get the best of both worlds." News Contact: Rhonda Reddick, rhonda@androvett.com Phone: +1-800-559-4534
**2. BUILDING: ENERGY STAR CERTIFICATION MAKES THE DIFFERENCE. Kerri Bonarrigo, residential sales director for The Mayo Group, developer of Gordon's Woods in West Roxbury, Mass.: "Gaining Energy Star certification has been extremely important to this project. The air quality and overall indoor environment within our buildings is much healthier compared to non-certified residences. In addition, our residents will save significantly on monthly utility bills and HOA fees, while the building itself will retain greater value over the long-term. Energy Star certification means that Gordon's Woods conforms to strict rules for energy-efficiency that make the condominiums at least 15 percent more efficient compared to homes built according to the 2004 International Residential Code. Energy Star-certified homes include additional features that conserve 20 to 30 percent more energy than the average home." News Contact: Lucia Scott, Lucia@exposeyourselfpr.com Phone: +1-617-797-9869
**3. BUILDING: LOW-MAINTENANCE GROUND COVER. Brian Kearney, owner of Neponset Valley Construction in Norwood, Mass.: "Historically, the American dream tends to involve a well-cared-for home situated in lush landscape with carpets of green grass. Unfortunately, the reality of that dream is that grass can be hard to manage and quite costly. Watering grass, especially during a drought, can be a huge waste of water and is sometimes not permitted through city and town ordinances. Fertilizers can be dangerous to pets and wildlife, often running off into local water supplies. To avoid these problems, consider alternatives, including creeping perennials, clover, ornamental grasses, and flowers and shrub beds. A traditional lawn can be beautiful, but there are other alternatives out there." News Contact: Lucia Scott, Lucia@exposeyourself.com Phone: +1-617-797-9869
**4. BUSINESS: SEC MAY REQUIRE DISCLOSURE OF DATA BREACHES. William Katz of the Dallas office of Thompson & Knight: "With identity theft and online fraud rapidly increasing, federal legislators are urging the SEC to require public companies to disclose any instances or attempts to breach corporate data. The Senate's Commerce Committee also wants corporations to regularly disclose corporate efforts to reduce security risks and prevent cyberattacks. Many companies are understandably reluctant to reveal failed data breaches, believing that disclosure will actually increase their vulnerability. There's also a healthy fear that disclosures can negatively affect the value of a company's stock. A 2009 study found that 38 percent of Fortune 500 companies did not mention privacy or data security exposures in their annual 10-K filings, and only 7 percent of public companies fully encrypted their confidential data. However, these requirements are likely to be politically and publicly popular, so companies should begin planning for their adoption." News Contact: Barry Pound, barry@androvett.com Phone: +1-800-559-4534
**5. BUSINESS: VERDICT SHOWCASES DANGERS IN CHALLENGING THE FCPA. Paul Cohen, an international litigator who recently joined the New York office of Thompson & Knight: "The recent criminal conviction of a California company marked the first jury verdict in 34 years involving the Foreign Corrupt Practices Act, and the first ever against a corporation. In the case, Lindsey Manufacturing and two top executives were found guilty of bribing officials of a Mexican utility company in order to win $19 million in contracts. Hundreds of entities have faced FCPA investigations during the past few years, but each targeted company has pleaded guilty or settled charges before trial. Companies find it very difficult to fight the FCPA, and indictments are generally viewed as a corporate death sentence. All the incentives in the DOJ prosecution guidelines are stacked in favor of making a quick and complete mea culpa. This verdict may well compel other corporate targets to think twice before putting up a fight." News Contact: Barry Pound, barry@androvett.com Phone: +1-800-559-4534
**6. FINANCE: MORTGAGE REJECTED? Chip Poli, CEO of Poli Mortgage Group based in Norwood, Mass.: "Finding financing can be tough, even for prospective home owners with great credit that are looking to purchase a home they are more than qualified for. Fannie Mae and Freddie Mac have increased their standards when it comes to backing the average mortgage, and banks are hesitant to fund a loan without that guarantee. Requirements, like a high credit score, do not guarantee loan approval. There are a number of factors that are considered. Each situation, each different property type demand different approval standards. In order for consumers to heighten their chances of homebuying success, it's important to work with an experienced loan officer." News Contact: Lucia Scott, Lucia@exposeyourselfpr.com Phone: +1-617-797-9869
**7. REAL ESTATE: MEETING THE NEEDS OF TODAY'S BUYER. Lisa Johnson Sevajian, vice president of Coldwell Banker in Andover, Mass.: "Buyers seeking move-in ready homes are really looking for the perfect house. Dated paint colors are enough to turn them off; the same goes for painted cabinets claiming to be updated, along with any countertops besides granite. Hardwood floors seem to be a must, and updated windows and modern bathrooms are two huge pluses. Buyers seem to get pickier each year and lately demands seem to increase by the month. These days, move-in ready means professionally cleaned, freshly painted and belonging-free." News Contact: Lucia Scott, Lucia@ExposeYourselfPR.com Phone: +1-617-797-9869
**8. SCIENCE: METHANE FOUND IN WATER NEAR FRACKING SITES. Cynthia Bishop, environmental group partner in the Dallas office of Gardere Wynne Sewell: "A recently released study from Duke University has linked potentially toxic levels of methane in drinking water to nearby natural gas drilling sites. While some have been quick to point fingers at the controversial process of hydraulic fracturing, or 'fracking,' the study does not necessarily support those conclusions. The Duke University study notes that although there is methane in the drinking water, there is no evidence of fracking chemicals. It may seem to be splitting hairs, but it is an important distinction to make that the study concluded that the elevated methane was more likely caused by leaky well casings than the actual fracking process." News Contact: Rhonda Reddick, rhonda@androvett.com Phone: +1-800-559-4534
**9. WORKPLACE: SUING OVER WAGES? THERE'S AN APP FOR THAT. Audrey Mross, labor and employment attorney at Dallas-based Munck Carter: "The U.S. Department of Labor has launched a smartphone app that allows workers to log their hours worked, including overtime. Since accurate records are often critical for both sides in wage-and-hour disputes, the emergence of the DOL's iPhone and iPad app serves as another reminder that employers are ultimately responsible for complete and accurate time-keeping records, even if the task is delegated to individual workers. Accurate records can make or break a wage-and-hour dispute. If an employer's records are nonexistent or in poor shape, labor department investigators are more likely to place more credibility upon the records kept by an employee using a smartphone." News Contact: Robert Tharp, robert@androvett.com Phone: +1-800-559-4534
**10. WORKPLACE: TALKING ABOUT OSAMA BIN LADEN AT WORK. Shanti Atkins, Esq., president and CEO of ELT, the leading specialists in ethics and compliance training: "With the recent death of 'the world's most wanted terrorist,' employees rejoicing over Osama bin Laden's death are sure to use the workplace as a forum for fiery political debates centering on the Muslim faith, the Middle East and what it means to be an American. These extremely risky discussions centering on national origin, ethnicity and religion often lead to severe workplace tensions, productivity problems, and potential claims of harassment and discrimination." As many Americans feel deeply protective of their indelible "American right" to express opinions and engage in conduct that can squarely violate workplace policies -- and potentially the law -- Atkins can discuss the boundaries of "free speech" when it comes to acceptable behavior in the workplace. Profile: http://www.profnetconnect.com/shanti_atkins News Contact: Laura Schlecht, schlecht@forumlapr.com Phone: +1-212-219-0321
PROFNET is an exclusive service of PR Newswire. To submit a request for experts: http://budurl.com/profnetquery To consult the ProfNet Experts Database: http://profnet.prnewswire.com To contact ProfNet by phone: +1-800-PROFNET, ext. 1 To share a thought on Expert Alerts: profnetalerts@prnewswire.com
/PRNewswire - May 23, 2011/
SOURCE ProfNet
ProfNet
Web Site: http://www.profnet.com
PROFNET EXPERT ALERTS: Fracking / DOL App / Osama bin Laden
May 23, 2011
1. Building: Appeals Could Improve Arbitration Process
2. Building: Energy Star Certification Makes the Difference
3. Building: Low-Maintenance Ground Cover
4. Business: SEC May Require Disclosure of Data Breaches
5. Business: Verdict Showcases Dangers in Challenging the FCPA
6. Finance: Mortgage Rejected?
7. Real Estate: Meeting the Needs of Today's Buyer
8. Science: Methane Found in Water Near Fracking Sites
9. Workplace: Suing Over Wages? There's an App for That
10. Workplace: Talking About Osama bin Laden at Work
**1. BUILDING: APPEALS COULD IMPROVE ARBITRATION PROCESS. John Slates, Dallas attorney and head of the Construction Practice Group at Gardere Wynne Sewell: "The Supreme Court of Texas recently issued a ruling that could help solve one of the major complaints about the arbitration process -- the lack of any real right of appeal of a runaway award. The Nafta Traders Inc. v. Quinn ruling could have a significant impact on the construction industry, which historically has relied heavily on arbitration to solve disputes. Previously, once parties submitted a dispute to arbitration, that ruling was generally binding, with no opportunity for judicial appeal of the arbitrators' application of the facts or the law. Now, as long as both parties agree when the original contract is signed that it will be covered by the Texas Arbitration Act, the parties can provide for judicial review of arbitration awards on the terms provided for in their contract. In many ways, the Nafta Traders decision allows construction companies in Texas to get the best of both worlds." News Contact: Rhonda Reddick, rhonda@androvett.com Phone: +1-800-559-4534
**2. BUILDING: ENERGY STAR CERTIFICATION MAKES THE DIFFERENCE. Kerri Bonarrigo, residential sales director for The Mayo Group, developer of Gordon's Woods in West Roxbury, Mass.: "Gaining Energy Star certification has been extremely important to this project. The air quality and overall indoor environment within our buildings is much healthier compared to non-certified residences. In addition, our residents will save significantly on monthly utility bills and HOA fees, while the building itself will retain greater value over the long-term. Energy Star certification means that Gordon's Woods conforms to strict rules for energy-efficiency that make the condominiums at least 15 percent more efficient compared to homes built according to the 2004 International Residential Code. Energy Star-certified homes include additional features that conserve 20 to 30 percent more energy than the average home." News Contact: Lucia Scott, Lucia@exposeyourselfpr.com Phone: +1-617-797-9869
**3. BUILDING: LOW-MAINTENANCE GROUND COVER. Brian Kearney, owner of Neponset Valley Construction in Norwood, Mass.: "Historically, the American dream tends to involve a well-cared-for home situated in lush landscape with carpets of green grass. Unfortunately, the reality of that dream is that grass can be hard to manage and quite costly. Watering grass, especially during a drought, can be a huge waste of water and is sometimes not permitted through city and town ordinances. Fertilizers can be dangerous to pets and wildlife, often running off into local water supplies. To avoid these problems, consider alternatives, including creeping perennials, clover, ornamental grasses, and flowers and shrub beds. A traditional lawn can be beautiful, but there are other alternatives out there." News Contact: Lucia Scott, Lucia@exposeyourself.com Phone: +1-617-797-9869
**4. BUSINESS: SEC MAY REQUIRE DISCLOSURE OF DATA BREACHES. William Katz of the Dallas office of Thompson & Knight: "With identity theft and online fraud rapidly increasing, federal legislators are urging the SEC to require public companies to disclose any instances or attempts to breach corporate data. The Senate's Commerce Committee also wants corporations to regularly disclose corporate efforts to reduce security risks and prevent cyberattacks. Many companies are understandably reluctant to reveal failed data breaches, believing that disclosure will actually increase their vulnerability. There's also a healthy fear that disclosures can negatively affect the value of a company's stock. A 2009 study found that 38 percent of Fortune 500 companies did not mention privacy or data security exposures in their annual 10-K filings, and only 7 percent of public companies fully encrypted their confidential data. However, these requirements are likely to be politically and publicly popular, so companies should begin planning for their adoption." News Contact: Barry Pound, barry@androvett.com Phone: +1-800-559-4534
**5. BUSINESS: VERDICT SHOWCASES DANGERS IN CHALLENGING THE FCPA. Paul Cohen, an international litigator who recently joined the New York office of Thompson & Knight: "The recent criminal conviction of a California company marked the first jury verdict in 34 years involving the Foreign Corrupt Practices Act, and the first ever against a corporation. In the case, Lindsey Manufacturing and two top executives were found guilty of bribing officials of a Mexican utility company in order to win $19 million in contracts. Hundreds of entities have faced FCPA investigations during the past few years, but each targeted company has pleaded guilty or settled charges before trial. Companies find it very difficult to fight the FCPA, and indictments are generally viewed as a corporate death sentence. All the incentives in the DOJ prosecution guidelines are stacked in favor of making a quick and complete mea culpa. This verdict may well compel other corporate targets to think twice before putting up a fight." News Contact: Barry Pound, barry@androvett.com Phone: +1-800-559-4534
**6. FINANCE: MORTGAGE REJECTED? Chip Poli, CEO of Poli Mortgage Group based in Norwood, Mass.: "Finding financing can be tough, even for prospective home owners with great credit that are looking to purchase a home they are more than qualified for. Fannie Mae and Freddie Mac have increased their standards when it comes to backing the average mortgage, and banks are hesitant to fund a loan without that guarantee. Requirements, like a high credit score, do not guarantee loan approval. There are a number of factors that are considered. Each situation, each different property type demand different approval standards. In order for consumers to heighten their chances of homebuying success, it's important to work with an experienced loan officer." News Contact: Lucia Scott, Lucia@exposeyourselfpr.com Phone: +1-617-797-9869
**7. REAL ESTATE: MEETING THE NEEDS OF TODAY'S BUYER. Lisa Johnson Sevajian, vice president of Coldwell Banker in Andover, Mass.: "Buyers seeking move-in ready homes are really looking for the perfect house. Dated paint colors are enough to turn them off; the same goes for painted cabinets claiming to be updated, along with any countertops besides granite. Hardwood floors seem to be a must, and updated windows and modern bathrooms are two huge pluses. Buyers seem to get pickier each year and lately demands seem to increase by the month. These days, move-in ready means professionally cleaned, freshly painted and belonging-free." News Contact: Lucia Scott, Lucia@ExposeYourselfPR.com Phone: +1-617-797-9869
**8. SCIENCE: METHANE FOUND IN WATER NEAR FRACKING SITES. Cynthia Bishop, environmental group partner in the Dallas office of Gardere Wynne Sewell: "A recently released study from Duke University has linked potentially toxic levels of methane in drinking water to nearby natural gas drilling sites. While some have been quick to point fingers at the controversial process of hydraulic fracturing, or 'fracking,' the study does not necessarily support those conclusions. The Duke University study notes that although there is methane in the drinking water, there is no evidence of fracking chemicals. It may seem to be splitting hairs, but it is an important distinction to make that the study concluded that the elevated methane was more likely caused by leaky well casings than the actual fracking process." News Contact: Rhonda Reddick, rhonda@androvett.com Phone: +1-800-559-4534
**9. WORKPLACE: SUING OVER WAGES? THERE'S AN APP FOR THAT. Audrey Mross, labor and employment attorney at Dallas-based Munck Carter: "The U.S. Department of Labor has launched a smartphone app that allows workers to log their hours worked, including overtime. Since accurate records are often critical for both sides in wage-and-hour disputes, the emergence of the DOL's iPhone and iPad app serves as another reminder that employers are ultimately responsible for complete and accurate time-keeping records, even if the task is delegated to individual workers. Accurate records can make or break a wage-and-hour dispute. If an employer's records are nonexistent or in poor shape, labor department investigators are more likely to place more credibility upon the records kept by an employee using a smartphone." News Contact: Robert Tharp, robert@androvett.com Phone: +1-800-559-4534
**10. WORKPLACE: TALKING ABOUT OSAMA BIN LADEN AT WORK. Shanti Atkins, Esq., president and CEO of ELT, the leading specialists in ethics and compliance training: "With the recent death of 'the world's most wanted terrorist,' employees rejoicing over Osama bin Laden's death are sure to use the workplace as a forum for fiery political debates centering on the Muslim faith, the Middle East and what it means to be an American. These extremely risky discussions centering on national origin, ethnicity and religion often lead to severe workplace tensions, productivity problems, and potential claims of harassment and discrimination." As many Americans feel deeply protective of their indelible "American right" to express opinions and engage in conduct that can squarely violate workplace policies -- and potentially the law -- Atkins can discuss the boundaries of "free speech" when it comes to acceptable behavior in the workplace. Profile: http://www.profnetconnect.com/shanti_atkins News Contact: Laura Schlecht, schlecht@forumlapr.com Phone: +1-212-219-0321
PROFNET is an exclusive service of PR Newswire. To submit a request for experts: http://budurl.com/profnetquery To consult the ProfNet Experts Database: http://profnet.prnewswire.com To contact ProfNet by phone: +1-800-PROFNET, ext. 1 To share a thought on Expert Alerts: profnetalerts@prnewswire.com
/PRNewswire - May 23, 2011/
SOURCE ProfNet
ProfNet
Web Site: http://www.profnet.com