Mike Delikat

Mike Delikat

Orrick, Herrington & Sutcliffe LLP

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Vive la France! French Parent Company Potentially Liable on Alleged ADEA Claim on a Single-Employer Theory

With some exceptions, the ADEA applies to the U.S.-incorporated subsidiaries of foreign corporations. It remains unsettled whether employees can sue foreign parent companies of U.S. subsidiaries for age discrimination under...more

3/22/2017 - ADEA Age Discrimination Corporate Counsel Employer Liability Issues Hiring & Firing

Thinly Pled Allegations of Trade Secret Misappropriation under DTSA Are Vulnerable to Dismissal

A dismissal with prejudice is a plaintiff’s worst fear realized. When it comes to alleging a proper claim for trade secret misappropriation, the Western District of Kentucky recently reminded plaintiffs just how critical it...more

3/17/2017 - Defend Trade Secrets Act (DTSA) Dismissal With Prejudice Federal Rule 12(b)(6) Intellectual Property Protection Misappropriation Motion to Dismiss Trade Secrets

Circuit Split on Whistleblower Protections Widens

On March 8, 2017, a divided panel of the Ninth Circuit issued an opinion in Somers v. Digital Realty Trust Inc. that further widened a circuit split on the issue of whether the anti-retaliation provisions in the Dodd-Frank...more

3/15/2017 - Anti-Retaliation Provisions Disclosure Requirements Dodd-Frank Internal Reporting Rule 21F Sarbanes-Oxley SEC Securities Exchange Act Securities Violations Whistleblower Protection Policies Whistleblowers Wrongful Termination

Circuit Split on Whistleblower Protections Widens: Ninth Circuit Follows Second Circuit and Splits with Fifth Circuit in Holding...

On March 8, 2017, a divided panel of the Ninth Circuit issued an opinion in Somers v. Digital Realty Trust Inc. that further widened a circuit split on the issue of whether the anti-retaliation provisions in the Dodd-Frank...more

3/15/2017 - Anti-Retaliation Provisions Dodd-Frank Internal Reporting Rule 21F Sarbanes-Oxley SEC Whistleblower Protection Policies Whistleblowers

From Swimsuits to Grass Fed Beef: A New Direction for Labor?

The United States Senate is slated to consider Andrew (Andy) Puzder, CEO of CKE Restaurants, as the next Secretary of Labor (“DOL”). Although his confirmation hearing which was set for February 7, 2017 has been delayed...more

2/8/2017 - DOL Fiduciary Rule Joint Employers Minimum Wage Over-Time Secretary of Labor Wage and Hour

Hold the Phone! The Final Mandatory Gender Pay Gap Reporting Regulations Are Here

In February this year, draft gender pay gap reporting regulations were published and we were all invited to comment. There then followed an extended period of being 'on hold' listening to elevator music, while we waited for...more

12/9/2016 - Employer Liability Issues Equal Pay Gender Discrimination Gender Equity Gender-Based Pay Discrimination Pay Gap Reporting Requirements Sex Discrimination Wage and Hour

Whistle While You Work: SEC Whistleblower Office Releases Its 2016 Annual Report

The SEC released its Fiscal Year 2016 Annual Report (the “Report”) to Congress on the Dodd-Frank Whistleblower Program on November 15, 2016. The Report analyzes the tips received over the last twelve months by the SEC’s...more

12/9/2016 - Anti-Retaliation Provisions Dodd-Frank SEC Whistleblower Awards Whistleblowers

More Questions for Employers As DOL Appeals Preliminary Injunction of Overtime Rules

On December 1, 2016, the date that the Department of Labor regulations were set to become effective, the government filed a notice of appeal of the November 22, 2016 the United States District Court for the Eastern District...more

12/5/2016 - Appeals DOL FLSA Minimum Salary Over-Time Preliminary Injunctions Wage and Hour White-Collar Exemptions

Top Ten Employment Regulations or Initiatives Employers Want Trump to Dump or Fix

After the Obama administration’s employee friendly policies, employers will have a wish list of changes they believe a Trump administration would favor. Here are ten items that should be at the top and why employers want to...more

11/17/2016 - Arbitration DOL EEO-1 Fair Pay and Safe Workplaces Federal Contractors FLSA NLRA OFCCP OSHA Over-Time Trump Administration

Blacklist Regs Get a “Preliminary” Black Eye from the District Court in Texas

On October 24, 2016, U.S. District Court Judge Marcia Crone of the Eastern District of Texas granted a nationwide preliminary injunction enjoining implementation of the Fair Pay and Safe Workplaces regulations. In addition...more

10/27/2016 - Administrative Procedure Act Blacklist DOL Due Process Fair Pay and Safe Workplaces First Amendment Preliminary Injunctions Reporting Requirements

SEC Bounty Hunters Take Heart: SEC Fines Company $265,000 for Using Severance Agreements That Provided a Waiver of any Monetary...

Wednesday, the SEC announced that an Atlanta-based company, BlueLinx Holdings, is settling charges that its severance agreements contained provisions that in its view might impede employees from communicating directly with...more

8/12/2016 - Civil Monetary Penalty Confidential Information Dodd-Frank Employment Contract Rule 21F SEC Securities Exchange Act Securities Violations Severance Agreements Unfair Labor Practices Waivers Whistleblower Awards Whistleblower Protection Policies Whistleblowers

SEC Bounty Hunters Take Heart: SEC Fines Company $265,000 For Using Severance Agreements That Provided a Waiver of Any Monetary...

Today, the SEC announced that an Atlanta-based company, BlueLinx Holdings, is settling charges that its severance agreements contained provisions that it in its view might impede employees from communicating directly with the...more

8/11/2016 - Confidentiality Agreements Corporate Counsel Dodd-Frank Rule 21F SEC Severance Agreements Whistleblowers

Germany’s Financial Regulator Establishes New Whistleblower Platform

Last week, Germany’s Financial Supervisory Authority (BaFin) unveiled a centralized platform for receiving whistleblower complaints, including anonymous complaints, of alleged violations of supervisory provisions within the...more

7/11/2016 - Anonymity BaFin Corporate Counsel Financial Services Industry Germany Whistleblowers

Brexit: What Does it Mean for Employers in the U.K.?

We set out below our best guess on where this leaves employees, management and HR in the UK. Firstly as we have all heard repeatedly today, nothing is going to change immediately and that is the same for employment law. ...more

6/24/2016 - Consultation Holiday Pay Pay Gap Popular TUPE UK UK Brexit

Securities Industry Employment Arbitration

In the securities industry, the majority of all employment disputes are resolved through binding arbitration. This mandatory arbitration system is managed through a unique industry forum under the self-regulatory entity...more

5/27/2016 - Arbitration Arbitration Awards EEOC Employment Discrimination Financial Institutions Financial Sector FINRA Mandatory Arbitration Clauses Securities Whistleblowers

Digging Into the New Overtime Regulations

In 2015, the Department of Labor (“DOL”) proposed substantial changes to the minimum salary level requirements, sought input on whether bonuses and incentives should be included in meeting the salary level test and considered...more

5/23/2016 - DOL Exempt-Employees Final Rules FLSA Minimum Salary Over-Time Wage and Hour White-Collar Exemptions

There’s No Longer an “App for That” in Austin: Lyft and Uber Pull Out Over Driver Fingerprinting Requirements

Rideshare companies Lyft and Uber announced on May 9 that they were no longer offering their services in Austin, Texas, after voters there rejected a proposed ordinance that would have eliminated fingerprint-based background...more

5/20/2016 - Background Checks Fingerprints Hiring & Firing Lyft Uber

Maximizing Protections Under the Defend Trade Secrets Act: Confidentiality Agreements Need to be Changed

With President Barack Obama's signature on Wednesday, the Defend Trade Secrets Act ("DTSA" or "Act") has now become law. Where trade secrets were once protected only at the state level, the DTSA now federalizes trade secrets...more

5/16/2016 - Asset Seizure Confidentiality Agreements Defend Trade Secrets Act (DTSA) Economic Espionage Act Ex Parte Intellectual Property Protection Misappropriation New Legislation Private Right of Action Trade Secrets Whistleblower Protection Policies

Understanding The Defend Trade Secrets Act

With its passage by the House of Representatives, the Defend Trade Secrets Act ("DTSA" or "Act") has now cleared both houses of Congress and will be sent to President Obama for his approval. Where trade secrets were once...more

5/6/2016 - Asset Seizure Defend Trade Secrets Act (DTSA) Economic Espionage Act Ex Parte Intellectual Property Protection Misappropriation Pending Legislation Popular Private Right of Action Trade Secrets Whistleblower Protection Policies

“Mind the (Gender Pay Equity) Gap”: The EEOC Holds Hearings on its Proposal to Require Pay Data on the EEO-1 Form

On March 16, the Equal Employment Opportunity Commission heard testimony from a variety of advocacy groups, academics and employer representatives on with regard to its proposed revisions to the EEO-1 adding W-2 pay data....more

3/21/2016 - EEO-1 EEOC Gender-Based Pay Discrimination OMB Reporting Requirements W-2 Wage and Hour

Cross-Border Trends: UK to Follow US Attack on the Gender Pay Gap

Following months of waiting the UK Government has finally published its draft regulations on the new “gender pay gap reporting” requirements in the UK. On publication of the draft regulations, the UK Government has asked one...more

2/18/2016 - EEO-1 EEOC Equal Pay Act Fair Pay Act Gender-Based Pay Discrimination Reporting Requirements UK Wage and Hour

Financial Services and Technology Companies Beware: The U.S. Office of Federal Contract Compliance Has A Target on Your Back

The President released his 2017 budget this week. Budgets are aspirational documents that Congress rarely implements in full. The current acrimony between Congress and the Administration ensures that the President’s 2017...more

2/11/2016 - Employment Discrimination Federal Budget Federal Contractors Financial Services Industry OFCCP Regional Centers Technology Sector

Where Have You Gone Dennis Kozlowski? Third Circuit Dismisses Tyco Employee’s Whistleblower Claim Over Excessive Corporate...

On February 2, 2016, the Third Circuit affirmed the dismissal of a long-running SOX whistleblower suit filed by Jeffrey Wiest, a former accounts payable manager for Tyco Electronics. The decision is the first in which the...more

2/9/2016 - Corporate Counsel Dismissals Hiring & Firing Popular Retaliation Sarbanes-Oxley Tyco Whistleblowers

Not So Final WARNing: Sixth Circuit Finds That Employment Ends with Termination of Wages, Not Notice

In Morton v. Vanderbilt Univ., 2016 WL 52439 (6th Cir. Jan. 5, 2016), the Sixth Circuit recently held that, for purposes of the Worker Adjustment and Retraining Notification Act (“WARN Act”), employment does not end at notice...more

1/21/2016 - Class Action Hiring & Firing Layoffs Termination Wage and Hour WARN Act Written Notice

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