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Second Circuit Allows Whistleblower Retaliation Protection Without Reporting to SEC

September 10, 2015, in a 2-1 decision in Berman v. Neo@Ogilvy LLC, the US Court of Appeals for the Second Circuit ruled that whistleblowers who report securities law violations internally but not to the US Securities and...more

Officers And The Internal Affairs Doctrine

My guess is that most attorneys would say that the duty of an officer to the corporation are governed by the law of the state of incorporation under the “internal affairs doctrine”.  As explained by the U.S. Supreme Court,...more

California Enacts Change-in-Control Benefits For Grocery Workers

Last week, Governor Jerry Brown signed AB 359 (Gonzalez) that will impose a worker retention requirement when there has been a change in ownership or control of grocery establishments.  In general, the bill will require the...more

ERISA: Clarity on When ERISA Applies to Working Owners of Small Companies

You probably already know that in small, wholly owned “mom and pop” businesses, benefits covering only the owners of the business may be exempt from ERISA....more

Assembly Bill 266 provides long-awaited medical marijuana regulatory framework in California

In 1996, California voters passed Proposition 215 and California became the first state to legalize medical marijuana. Now, 20 years later, AB 266 looks like the state’s best chance at regulating the cultivation and...more

Buyer Beware of Successor Liability For FLSA Claims

Businesses often acquire other businesses through an asset purchase, rather than a stock purchase, so that the buyer does not inherit the liabilities of the seller. Not all business owners realize that federal labor law...more

Asset Acquisition Comes With Unexpected FLSA Pain

Some bargains are not as they seem. An asset-acquiring Company discovered this the hard way in Teed v. Thomas & Betts Power Solutions. In the case, at an auction, Thomas & Betts purchased the assets of a company in...more

St. Paul, Problems with Being Human and Small Businesses Dealing with

Like many people with a standard Midwest religious upbringing I struggle to do the right thing and, sometimes, to know just what that is under the circumstances. But, as St. Paul discussed in Romans 7 “being good is not...more

Court of Appeal Rules That California Law Applies to Delaware Corporation's CEO's Wrongful Termination Claim

On May 23, 2012, the California Court of Appeal addressed a question of first impression: Does California law govern a corporate officer’s claim against an out-of-state corporation for constructive wrongful termination in...more

Arbeitsrecht - Neue Regelungen im Hinblick auf die Kündigung von Arbeitsverhältnissen ab dem 01.01.2012.pdf

Ab dem 1.1.2012 treten neue Kündigungsfristen in Kraft, die eine Angleichung der Regelungen in Bezug auf die Kündigungsfristen für Angestellte und Arbeiter beabsichtigen. Im Gegensatz zu den bisherigen Regelungen gelten ab...more

“One-in, one-out” System Aims to Reduce Red Tape

The Government has announced details of its new “one-in, one-out” approach to regulation as part of a ‘comprehensive package of measures’ designed to cut red tape and bureaucracy. As of 1 September 2010, Ministers will not...more

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