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Annual California Roundup - Another year and another round of legislative updates. California’s legislature continues to provide a rich source of law. This year the highlights include equal pay legislation, expanded Labor…more
Blog: Will The SEC Finally Provide Some Relief From The Nearly Incomprehensible Proxy Statement Requirement For A New Plan Benefits Table?
Keith Higgins, Director of Corp Fin, hinted that he might be giving us a welcome gift in the future: a revision of Item 10 of Schedule 14A, the proxy statement – in my view, a component of the disclosure rules that has too long been…more
On November 17, 2015, the Federal Energy Regulatory Commission (FERC) issued an order terminating its inquiry on potentially requiring jurisdictional sellers to submit quarterly reports on natural gas transactions…more
That five-category structure has now appeared in a judicial opinion for the first time, thanks to a recent opinion from Judge Louise Flanagan of the U.S. District Court for the Eastern District of North Carolina…more
In a new order issued on November 13, 2015 in Brand, et al. v. Comcast Corp., Case No. 11-CV-8471 (N.D. Ill. Nov. 13, 2015), a matter we have previously blogged on here, Judge Matthew F. Kennelly of the U.S. District Court for the…more
Many commentators consider that the growing trend of financial sponsor investment in financial services is limited to a handful of countries in Europe. Deal data, however, show that investors with an appetite for banks and other…more
Federal Court Requires “Meeting of the Minds” To Enforce Arbitration Agreement Included in Employment Application
Last month, a federal court in Maryland denied an employer’s motion to compel arbitration even though the plaintiff executed an arbitration agreement the employer had included in the plaintiff’s employment application. The court found…more
On October 29, 2015, DOD renewed the DFARS deviation implemented in February, which prohibits contracting with entities that require employees or subcontractors to sign internal confidentiality agreements or statements that prohibit…more
On November 16, 2015, the Centers for Medicare & Medicaid Services (CMS) released final regulations implementing the Comprehensive Care for Joint Replacement Model, its five-year mandatory bundled payment program for hip and knee…more
We’ve long known that California law does not treat Labor Code Section 203 penalties as “wages.” Earlier this year, the IRS published its view on how to treat those penalties (often referred to as “waiting time penalties” or WTPs) for…more
Baby You Can Drive My Car… Or Corporate Jet: SEC Scrutiny of Executive Compensation Perks Disclosures
The SEC continues to focus on accounting and disclosure violations, including in the area of executive perks disclosure in corporate proxy statements. In the past year, the SEC brought two enforcement cases against executives and…more
In copyright infringement suit targeting Taylor Swift’s hit song “Shake It Off,” magistrate judge recommends dismissal of pro se plaintiff’s claim, finding plaintiff failed to plausibly allege that Swift’s repeating phrases “Haters…more