Business Torts, Administrative Law, Commercial Law & Contracts

Employee Burnout

by Robert Freedman - Partner at Tharpe & Howell,... on 1/1/2013

Sometimes employers can’t see the forest from the trees. This is often the case when it comes to the work environment, including workplace policies, and their impact on employee productivity and retention. In the rush to...more

Employer Liability for Unreported Time

by Robert Freedman - Partner at Tharpe & Howell,... on 12/28/2012

A recent decision by the Sixth Circuit Court of Appeals held that a nurse’s claim for unpaid wages attributed to working during unpaid meal breaks, did not violate the Fair Labor Standards Act (“FLSA”). White v. Baptist...more

FTC. v. Wyndham Litigation

by Robert Freedman - Partner at Tharpe & Howell,... on 12/25/2012

The Federal Trade Commission (“FTC”) has been active in recent years pursuing companies that suffer data security breaches and arguably failed to live up to the data security standards promised in their privacy policies....more

Corporate Compliance with Licensing Requirements

by Robert Freedman - Partner at Tharpe & Howell,... on 12/18/2012

Software and technology licensing fees are often tied to the number of users or devices that access an application or database. More users, or more devices, will often mean higher licensing fees. The terms and conditions...more

SBA Rules Changes – Definition of a Small Business

by Robert Freedman - Partner at Tharpe & Howell,... on 12/13/2012

In the quest to compete and survive, small businesses should embrace all opportunities for revenue growth available to them. One of the largest potential customers in the world is the US Government. Small businesses have a...more

NLRB Cases Impact At-Will Employment Agreements

by Robert Freedman - Partner at Tharpe & Howell,... on 12/7/2012

Most employment agreements in California are for at-will employment. This means that the employer can terminate the employee at any time, with or without cause, so long as termination is not for a reason otherwise unlawful...more

Employer Liability for Unreported Time

by Peter Bauman - Senior Associate at Tharpe &... on 12/5/2012

A recent decision by the Sixth Circuit Court of Appeals held that a nurse’s claim for unpaid wages attributed to working during unpaid meal breaks, did not violate the Fair Labor Standards Act (“FLSA”). White v. Baptist...more

Notes For General Counsel

by Peter Bauman - Senior Associate at Tharpe &... on 12/4/2012

A recent article on the Practical Law website, identified major horizon issues for General Counsel. We highlight a selected sample of these issues by subject area below: Commercial: Green Guides The FTC issues revised...more

Securities Litigation Alert: 'Tis the Season: Proxy Statements and Litigation Challenges to Compensation Disclosures

by Marie C. Bafus, Dean Kristy, Kevin P. Muck | Fenwick & West LLP on 12/4/2012

Over the past several months, plaintiffs' lawyers have stepped up attacks on executive compensation disclosures in proxy statements. Although to date most of these attacks have been unsuccessful, the number of case filings is...more

Privacy Enforcement By California Attorney General’s Office

by Robert Freedman - Partner at Tharpe & Howell,... on 12/3/2012

California takes citizen privacy rights seriously. That’s the unmistakable message communicated by a recent announcement that the Office of the Attorney General of California is creating a Privacy Enforcement and...more

BNA Banking Report - A Practical Guide to CFPB Procedures for Investigation and Adjudication

by Richik Sarkar on 11/27/2012

A practical guide to CFPB investigations and adjudications. Available through Bloomberg BNA's Banking Report....more

Plaintiffs’ Firms Gaining Steam in New Wave of Say-On-Pay Shareholder Suits?

by Pillsbury Winthrop Shaw Pittman LLP on 11/20/2012

Over two years ago, Congress enacted Section 951 of the Dodd-Frank Act, which requires public companies to conduct an advisory shareholder vote on the company’s executive compensation plan – the so-called “say-on-pay vote.”...more

The Art of the New War - A Guide to Handling CFPB Examinations, Investigations, and Enforcement Actions

by Richik Sarkar on 11/13/2012

"The Art of the New War - A Guide to Handling CFPB Examinations, Investigations, and Enforcement Actions" is practical guidance for institutions governed by the Consumer Financial Protection Bureau on how to handle...more

Legal Alert: Ohio Court Holds No Insurer Duty to Search Death Master File

by Sutherland Asbill & Brennan LLP on 11/9/2012

Life insurance companies in Ohio have no affirmative duty to search the Social Security Death Master File (DMF) or otherwise seek out information on possible deaths, the Ohio Court of Appeals has held in Andrews v. Nationwide...more

NLRB Cases Impact At-Will Employment Agreements

by Peter Bauman - Senior Associate at Tharpe &... on 11/5/2012

Most employment agreements in California are for at-will employment. This means that the employer can terminate the employee at any time, with or without cause, so long as termination is not for a reason otherwise unlawful...more

DOJ Sues Mortgage Lender Over Alleged Fraudulent Certification of FHA Loans

by BuckleySandler LLP on 10/17/2012

On October 9, the U.S. Attorney for the Southern District of New York and the U.S. Department of Housing and Urban Development (HUD) announced a civil fraud suit against a mortgage lender alleged to have falsely certified...more

Corporate Social Media Policies Should Comply With Recent NLRB Decision

by Peter Bauman - Senior Associate at Tharpe &... on 10/17/2012

The National Labor Relations Board (NLRB) recently issued a decision with significant impact upon employer policies that apply to employee use of social media. [Costco Wholesale Corporation, 358 NLRB No. 106 (Sept. 7,...more

Déjà Vu All Over Again: FINRA to Focus on Conflicts of Interest Regarding the Sale of Complex Financial Products in the Wake of...

by Pepper Hamilton LLP on 10/16/2012

The Financial Industry Regulatory Authority (FINRA) has announced it will be looking closely at potential conflicts of interest and financial incentives tied to the sales of complex financial products by major brokerages. The...more

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Business Torts › Administrative Law › Commercial Law & Contracts

Employee Burnout

Employer Liability for Unreported Time

FTC. v. Wyndham Litigation

Corporate Compliance with Licensing Requirements

SBA Rules Changes – Definition of a Small Business

NLRB Cases Impact At-Will Employment Agreements

Employer Liability for Unreported Time

Notes For General Counsel

Securities Litigation Alert: 'Tis the Season: Proxy Statements and Litigation Challenges to Compensation Disclosures

Privacy Enforcement By California Attorney General’s Office

BNA Banking Report - A Practical Guide to CFPB Procedures for Investigation and Adjudication

Plaintiffs’ Firms Gaining Steam in New Wave of Say-On-Pay Shareholder Suits?

The Art of the New War - A Guide to Handling CFPB Examinations, Investigations, and Enforcement Actions

Legal Alert: Ohio Court Holds No Insurer Duty to Search Death Master File

NLRB Cases Impact At-Will Employment Agreements

DOJ Sues Mortgage Lender Over Alleged Fraudulent Certification of FHA Loans

Corporate Social Media Policies Should Comply With Recent NLRB Decision

Déjà Vu All Over Again: FINRA to Focus on Conflicts of Interest Regarding the Sale of Complex Financial Products in the Wake of...

Successful “Firing” Depends on Successful Hiring

Settlement Agreement Was Void Due to Trustee’s Conflict of Interest and Board’s Failure to Properly Approve

Governor Signs New Law On Disability Access Complaints

Lawsuit Against Airline Over Misleading Fees

Practical Guide to CFPB Investigations and Enforcement Actions

Choose wisely in classifying your independent contractors

Hiring Long Lasting Employees

Expand Your Reach