Civil Procedure, Business Organization, Labor & Employment Law

Another Business Owner Caught By Withdrawal Liability

by Angela Bohmann | Leonard, Street and Deinard - Employee... on 5/14/2013

I have blogged before [May 16, 2012, November 21, 2012, April 23, 2012, May 15, 2012, September 5, 2012] about the liability that can be imposed on businesses whose union employees participate in a multiemployer pension plan...more

The Force is Sometimes Against Us

by Kelly Scott | Ervin Cohen & Jessup LLP on 5/14/2013

Julie Gilman Veronese sued Lucasfilm Ltd. in 2009 after she was hired—and then fired—as an assistant to the estate manager at George Lucas’s San Anselmo estate. She claimed she was fired because she was pregnant....more

District Court Limits the Collection of Withdrawal Liability Against Private Equity Funds

by Anthony Cacace, Neal Schelberg | Proskauer - ERISA Practice Center on 5/9/2013

In Sun Capital Partners III, LP v. New England Teamsters and Trucking Industry Pension Fund, 2012 WL 5197117 (D. Mass. Oct. 18, 2012), a federal district court in Massachusetts concluded that a private equity fund was not a...more

Court Dismisses Another Say-On-Pay Disclosure Case

by Jill Radloff | Leonard, Street and Deinard - Dodd-Frank and... on 4/9/2013

The District Court for the Northeastern District of Illinois recently granted a Rule 12(b)(6) motion to dismiss an action styled Noble v. AAR Corp. The plaintiff alleged that the company failed to provide adequate...more

Employers Can Inherit The FLSA Liabilities Of Acquired Companies In 7th Circuit

by Michael Cardman | XpertHR - Partnered with LexisNexis on 4/8/2013

A new federal appeals court ruling on March 26, 2013, shows the old warning "buyer beware" applies not just to used cars but also to companies....more

Airline Management Newsletter - March 2013

by Lilia Bell, Linda Cavanna-Wilk, Doug Hall, Sarah Pierce Wimberly | FordHarrison on 3/29/2013

In This Issue: - NMB Announces Voting Procedures Changes - Second Circuit Weighs In On AIR21 Burden-Shifting Framework - DOL Issues Final FMLA Crewmember Regulations ..Flight Crew Eligibility Standards ...more

Contributions To Arbitrator’s Judicial Campaign Are Not Enough To Establish “Evident Partiality”

by Liz Kramer | Leonard, Street and Deinard - Arbitration... on 3/13/2013

The Third Circuit refused to vacate an arbitrator’s award, despite allegations that she failed to disclose contributions the defendant’s parent company had made to her judicial campaign and failed to disclose that she...more

Third Circuit Reinforces Limits to Directors' Exposure for Misconduct by Corporate Employees

by John Stigi | Sheppard Mullin Richter & Hampton LLP on 3/8/2013

In Belmont v. MB Investment Partners, Inc., No. 12-1580, 2013 WL 646344 (3d Cir. Feb. 22, 2013), the United States Court of Appeals for the Third Circuit held that a mere failure by corporate directors to oversee enforcement...more

Proxy Season Brings a Third Wave of “Gotcha” Shareholder Litigation

by Ana N. Damonte, Sarah A. Good, Cindy V. Schlaefer | Pillsbury Winthrop Shaw Pittman LLP on 2/22/2013

Proxy season is upon us and the plaintiffs’ bar is demonstrating its resourcefulness by bringing a third wave of shareholder litigation. This new wave, which has not crested yet, consists of a return to derivative shareholder...more

District Court Widens Split On Whether Complaints Of Alleged Future Misconduct Are Protected

by Noa Baddish, Harris M. Mufson, Steven J. Pearlman | Proskauer - Whistleblowing & Retaliation on 2/18/2013

The U.S. District Court for the Central District of California ruled that a SOX whistleblower complaint survived a Rule 12(b)(6) challenge on “reasonable belief” grounds and found that complaints of potential future...more

Quebec Court of Appeal Refuses to Authorize Pension Class Action

by Julien Ranger | Osler, Hoskin & Harcourt LLP on 2/12/2013

The recent Quebec Court of Appeal decision in Rousselet v. Corporation de l’École polytechnique confirmed some useful legal principles in its analysis...more

Tax Alert: FTB Disallows California Qualified Small Business Stock Benefits

by Adam Halpern, Andrew Kim, Ronald Schrotenboer | Fenwick & West LLP on 2/5/2013

The California Franchise Tax Board (FTB) recently issued FTB Notice 2012-03, stating that the FTB will disallow the exclusion or deferral of gain under California's qualified small business stock (QSBS) statute for all tax...more

The Virginia Supreme Court on Damages, Equity Valuation, and the Significance of Delaware Corporations Law in the Termination and...

by Linda Jackson | Littler on 2/4/2013

The Virginia Supreme Court has spoken again on the calculation of damages in a complex employment contract case. In Online Resources Corp. v. Lawlor, No. 120208 (Va. Jan. 10, 2013), the court addressed the expert...more

Delaware Supreme Court Affirms Denial of Attorneys' Fees Relating to Corporate Waste Claim Based on a Board's Decision to Forego...

by Michael D. Redondo | Holland & Knight LLP on 1/29/2013

On January 14, 2013, the Delaware Supreme Court affirmed a trial court's denial of attorneys' fees in connection with a corporate waste claim filed against corporate board members for the board's decision to pay certain...more

The Gathering Storm: Equity Compensation and 10b5-1 Plans Under Attack

by Christina Costley, Michael Diver, Bruce Vanyo | Katten Muchin Rosenman LLP on 1/24/2013

In this presentation: - The Genesis – Merger Objection Cases - The New Wave of Injunction Cases - Say-on-Pay Injunction Cases - Share Issuance Injunction Cases - Post-Vote Derivative Cases -...more

The First Circuit Court of Appeals Articulates a Stricter Independence Standard for Fund Directors When Evaluating Demand...

by Linda Goldstein, Galia Porat | Dechert LLP on 1/23/2013

The U.S. Court of Appeals for the First Circuit, in Unión de Empleados de Muelles de Puerto Rico PRSSA Welfare Plan, v. UBS Financial Services Inc. of Puerto Rico, No. 11-1605, --- F.3d ----, 2013 WL 49818 (1st Cir. Jan. 4,...more

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Civil Procedure › Business Organization › Labor & Employment Law

Another Business Owner Caught By Withdrawal Liability

The Force is Sometimes Against Us

District Court Limits the Collection of Withdrawal Liability Against Private Equity Funds

Court Dismisses Another Say-On-Pay Disclosure Case

Employers Can Inherit The FLSA Liabilities Of Acquired Companies In 7th Circuit

Airline Management Newsletter - March 2013

Contributions To Arbitrator’s Judicial Campaign Are Not Enough To Establish “Evident Partiality”

Third Circuit Reinforces Limits to Directors' Exposure for Misconduct by Corporate Employees

Proxy Season Brings a Third Wave of “Gotcha” Shareholder Litigation

District Court Widens Split On Whether Complaints Of Alleged Future Misconduct Are Protected

Quebec Court of Appeal Refuses to Authorize Pension Class Action

Tax Alert: FTB Disallows California Qualified Small Business Stock Benefits

The Virginia Supreme Court on Damages, Equity Valuation, and the Significance of Delaware Corporations Law in the Termination and...

Delaware Supreme Court Affirms Denial of Attorneys' Fees Relating to Corporate Waste Claim Based on a Board's Decision to Forego...

The Gathering Storm: Equity Compensation and 10b5-1 Plans Under Attack

The First Circuit Court of Appeals Articulates a Stricter Independence Standard for Fund Directors When Evaluating Demand...

Illinois Supreme Court to Resolve Municipal Pension Dispute

Business and Commercial Issues Will Dominate the Upcoming Calendar of California Supreme Court

Tomorrow U.S. Supreme Court Hears Whether Equitable Defenses Can Preclude ERISA Plan Subrogation Rights

Supreme Court Allows Favorable Employer Stock Ruling to Stand

Supreme Court Denies Review of Second Circuit Cases Adopting Moench Presumption for Fiduciaries of ERISA-Governed Plans

“For Now”, Hiring An Employee And Leasing An Office Doesn’t Necessarily Add Up To Transacting Intrastate Business

ESOP Legal News - August 2012 • Volume 1, Number 4

Approval of Key Employee Retention Plans: Did Global Aviation Get It Right?

NLRB's Efforts To Advance Ambush Election Rules Rebuffed, Again

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