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Act Now Advisory: Japanese Parent Company May Be Liable for Employment Decisions of Its US Subsidiary

The US Court of Appeals for the Second Circuit recently decided a case that should be taken into consideration when Japanese (and other foreign-based) companies determine the level of active involvement that their parent...more

UK Supreme Court Says Members of Limited Liability Partnerships are Workers

Ruling implies that additional protections will be afforded to members of LLPs. The UK Supreme Court recently ruled that members of a limited liability partnership (an LLP) are workers for the purpose of protections...more

Rogue CFO III – Background Checks

Perform Background Checks. It seems obvious. Why would a company not want as much information about a candidate for its CFO position that it can legally obtain? But this oversight is common. Too many smaller companies hire...more

Your Partners Are Not Your Employees: Supreme Court Of Canada Clarifies The Application Of The Control/Dependency Test

In 2009, John McCormick, an equity partner in the law firm Fasken Martineau DuMoulin LLP (the “Firm”) filed a complaint with the British Columbia Human Rights Tribunal, alleging the Firm’s requirement that equity partners...more

Mandatory Retirement in Professional Services Firms

On May 22, 2014, the Supreme Court of Canada released its decision in McCormick v Fasken Martineau DuMoulin LLP. The Court found that John McCormick, an equity partner in Faskens, was not an employee for the purposes of the...more

The Joint-Employer Standard: Like All Good Things, Is It About To Meet Its End?

On May 12, the National Labor Relations Board issued a notice and call for amicus briefs to address whether the Board should maintain its existing joint-employer standard or adopt a new one. Notice and Invitation to File...more

OSC Proposes Rule Amendments Regarding Disclosure of Women on Boards and in Senior Management

On January 16, 2014, the Ontario Securities Commission (OSC) released proposed amendments to enhance the disclosure of boards’ gender diversity....more

Women on Boards and in Senior Management- OSC Releases Proposed Amendments Regarding Incremental Disclosures of Corporate...

Women on Boards and in Senior Management - The Ontario Securities Commission (OSC) has published for comment proposed amendments to Form 58-101F1 of National Instrument 58-101 Disclosure of Corporate Governance...more

Push to Diversify Boards Picks Up Steam

In addition to heightened focus on director tenure, companies are facing increasing pressure to diversify their boards. The SEC requires companies to disclose whether and how the board or nominating committee considers...more

Recaps from Proskauer’s 18th Annual Trick or Treat Tax Exempt Seminar

Proskauer’s 18th Annual Trick or Treat Seminar was held on Thursday, October 31. The Seminar discussed: - Statutory Authority of New York Attorney General’s Charities Bureau - Proposed Revisions to New...more

Major Media Outlets Quote Lloyd Chinn On Sox Whistleblower Case Before Supreme Court

In a recent Wall Street Journal (“WSJ”) article (subscription required), Lloyd Chinn, Co-head of Proskauer’s Whistleblower & Retaliation Group, commented on Lawson v. FMR LLC, a case before the U.S. Supreme Court concerning...more

Women on Boards: Moving from Why to How?

Last week, New York Times OpEd columnist Nicholas Kristof joined the chorus of writers and academics calling for public companies to add women to their boards of directors in a piece called “Twitter, Women and Power.” Mr....more

OSHA Awards $1.9 Million To SOX Whistleblower

On September 30, 2013, OSHA awarded more than $1.9 million to a former CFO of Clean Diesel Technologies, Inc. (the Company) (based in Ventura, California) who is not identified in OSHA’s press release. This award is based on...more

Small Business Fire and Emergency Precautions: Tips for Before and After a Disaster

Small Business Fire and Emergency Precautions: Tips for Before and After a Disaster by Charles A. Yuen on October 7, 2013 For any New York or New Jersey small business owner, watching the devastation at the Seaside Park...more

Abercrombie Settles Employment Suit Over “Look Policy”

Abercrombie Settles Employment Suit Over “Look Policy” by Christina M. Michelson on October 4, 2013 Abercrombie & Fitch, which recently made headlines when CEO Mike Jeffries stated the company did not want overweight...more

EA Sports Enters Into Settlement Agreement With College Athletes

EA Sports Enters Into Settlement Agreement With College Athletes by Anthony Caruso on October 2, 2013 Video game producer Electronic Arts Sports and Collegiate Licensing Company have agreed to pay out roughly $40...more

October’s key changes in employment law

Nicholas Jew, a Partner in our Birmingham office comments: One of the less welcome employment law reforms implemented by the Coalition government has been the decision to do away with the practice that new employment law is...more

NCAA Lifts Certain Penn State Sanctions

NCAA Lifts Certain Penn State Sanctions by Anthony Caruso on September 30, 2013 The National Collegiate Athletic Association recently announced its decision to reduce several of the sanctions it levied against Penn...more

IRS to Count Automatic Gratuities as Wages

IRS to Count Automatic Gratuities as Wages by Joseph M. Donegan on September 27, 2013 The Internal Revenue Service has provided a great deal more guidance on how tips extended to waiters and waitresses, hair stylists,...more

Apple Offers Refunds in Response to “Breaking Bad” Lawsuit

Apple Offers Refunds in Response to “Breaking Bad” Lawsuit by Dan Brecher on September 27, 2013 Fans of AMC’s hit series “Breaking Bad” will not have to call in “attorney” Saul Goodman after all. Facing a class-action...more

Regulators Urge Businesses to Improve Business Continuity Plans in Wake of Superstorm Sandy

Regulators Urge Businesses to Improve Business Continuity Plans in Wake of Superstorm Sandy by Dennis C. Linken on September 26, 2013 Superstorm Sandy wreaked havoc on financial firms located in New York and New Jersey,...more

Report: IRS to Increase Audits of Prior- and Subsequent-Year Tax Returns

Report: IRS to Increase Audits of Prior- and Subsequent-Year Tax Returns by Joseph M. Donegan on September 25, 2013 The Internal Revenue Service announced its plans to conduct more correspondence audits of those with...more

Madison Square Garden Lawsuit May Have Far-Reaching Implications For Sports Industry

Madison Square Garden Lawsuit May Have Far-Reaching Implications For Sports Industry by Anthony Caruso on September 25, 2013 Several entertainment companies have been hit with lawsuits lately from unpaid interns...more

E-Cigarettes Test Workplace Smoking Policies

E-Cigarettes Test Workplace Smoking Policies by Donald M. Pepe on September 25, 2013 New York and New Jersey both prohibit “smoking” in the workplace. However, the growing popularity of electronic cigarettes poses new...more

Netherland Antilles Employee Allowed to Continue Gender Bias Suit against Employer’s U. S. Sister Company

In a case that will certainly be of interest to multi-national companies with subsidiaries and affiliates in numerous countries, a New York Federal Court recently allowed a U.S. company to be sued by an employee of its sister...more

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