Civil Remedies, Business Organization, Labor & Employment Law

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

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

A Month in UK Employment Law - January 2013

by Peta-Anne Barrow, Daniel Ornstein, Jennifer Wheater | Proskauer Rose LLP on 1/16/2013

In This Issue: - 2013 – What's On the Horizon - Changes Confirmed - Changes Expected In 2013 But No Implementation Date ...more

Beware of Hidden Pension Liabilities in Corporate Transactions

by Mark Newton | Heenan Blaikie LLP on 1/14/2013

In a recent court case in British Columbia, employees who transferred employment as part of a corporate transaction were awarded monetary damages on account of lost pension benefits: Kerfoot v. Weyerhaeuser Company 2012 BCSC...more

A New Whistleblower Retaliation Statute Grows Up: Dodd-Frank is the new Sarbanes-Oxley.

by Pullman & Comley, LLC on 10/10/2012

Reading the headline, I’m sure a few of you rolled your eyes. Dodd-Frank? Sarbanes-Oxley? Those statutes are seen as dull and tedious. But a new federal court decision in Connecticut should start to change that, and it has...more

How to Leverage SEC Whistleblower Rules: Seven Steps to Incentivizing Internal Reporting

by BuckleySandler LLP on 8/1/2012

The SEC whistleblower program, implemented under Section 922 of the Dodd-Frank Act, is primarily intended to reward individuals who act early to expose violations and who provide significant evidence that helps the SEC bring...more

It is Always Good to Follow the Plan’s Claims Procedure in Denying a Claim

by Leonard, Street and Deinard - Employee... on 7/31/2012

A recent Eighth Circuit Court of Appeals decision involved high ranking executives who participated in a company’s long-term incentive plan. Under the plan agreements, executives who did not continue employment for a three...more

Velo Holdings KEIP Approved by SDNY Bankruptcy Court

by Cadwalader, Wickersham & Taft LLP on 7/25/2012

On June 6, 2012, Bankruptcy Judge Martin Glenn of the U.S. Bankruptcy Court for the Southern District of New York approved a $2.875 million key employee incentive plan (“KEIP”) in the Velo Holdings bankruptcy cases over the...more

Who's in Charge Here? Recent Decision May Cause Headaches for California Franchisors

by Littler on 7/13/2012

California is the birthplace of the franchise business model. Today, there are approximately 62,000 independent franchisees operating in California, employing more than 1.1 million state residents. Historically,...more

PBGC Asks Bankruptcy Court to Treat Prior Sale of Interest in Debtor As Prohibited Attempt to Evade ERISA Pension Liability

by Duane Morris LLP on 6/22/2012

The Pension Benefit Guaranty Corporation (PBGC) filed an objection on June 14, 2012, in the Delaware bankruptcy court proceedings of RG Steel ("Debtor"), challenging a recent sale by RG Steel's parent entity ("Parent") of a...more

Tackling Internal Fraud: Weeding Out The Enemy Within

by Michael Diaz Jr. - Diaz Reus International... on 6/5/2012

Advancements in technology have made fraudulent schemes easier to perpetrate, and have allowed criminal activity to expand in both quantity and nature. Today, corporate fraud is limited only by the creativity of the...more

The New NRLB Rules: What is the Current Status?

by Davis Brown Law Firm on 5/18/2012

On May 15, 2012, the Federal District Court in Washington, D.C. enjoined effect of the new NLRB election rules, noting in the opinion that the the National Labor Relations Board did not have a legal quorum voting when the...more

Federal Court Invalidates NLRB’s ‘Ambush Election’ Rule

by Ballard Spahr LLP on 5/17/2012

Finding that no quorum existed to allow the National Labor Relations Board to take administrative action, a federal judge in Washington, D.C., has struck down the NLRB’s attempt to change the way it handled elections in the...more

Federal Court Enjoins NLRB’s "Ambush Election" Rule on Procedural Grounds; Reprieve for Employers May Prove Short-Lived

by Saul Ewing LLP on 5/17/2012

On Monday, May 14, 2012 a federal court in Washington, D.C. issued an Order invalidating the NLRB's controversial "ambush election" rules which took effect on April 30, 2012, on grounds that the rules were not properly...more

Judge Blocks NLRB's Union Election Rules

by Pierce Atwood LLP on 5/17/2012

On Monday, a federal judge in Washington, D.C. blocked the National Labor Relations Board’s controversial new rules concerning the union representation election process that had gone into effect at the end of April 2012. The...more

Act Now Advisory: Court Strikes Down NLRB "Quickie Election" Rules .

by Epstein Becker & Green, P.C. on 5/17/2012

In a sharp setback for the National Labor Relations Board (the “Board”), a federal district court in Washington, D.C. (the “Court”), struck down the Board’s election rules, which took effect on April 30, 2012, on technical...more

NLRB Notice Posting Requirement and New Representation Election Rules

by Miller Canfield on 5/17/2012

On August 25, 2011, the National Labor Relations Board (NLRB) issued a rule requiring essentially all private employers to post a notice informing employees of their rights under the National Labor Relations Act (the Act). ...more

Judge Rules NLRB's Fast-Track Election Rule Invalid

by Bracewell & Giuliani LLP on 5/16/2012

On May 14, 2012, U.S. District Judge James Boasberg, a 2011 Obama appointee to the Washington, D.C. District Court, found invalid the National Labor Relations Board's recent rule that would speed up union elections, because...more

Forsythe, et al. v. ESC Fund Mgmt. Co. (U.S.) I, L.P., et al., C.A. No. 1091-VCL (Del. Ch. May 9, 2012) (Laster, V.C.)

by Potter Anderson & Corroon LLP on 5/16/2012

In this memorandum opinion concerning a proposed derivative settlement, the Court of Chancery determined that it would enter a final order approving the settlement and the plaintiffs’ fee award in 60 days unless the objectors...more

The Case Of The Board Member Who Didn’t Show Up – Or Did She?

by Allen Matkins Leck Gamble Mallory & Natsis... on 5/16/2012

Consider a board with a total of five authorized members but with only three members in office. The board is facing a various contentious decision on whether to engage in a transaction. Two of the board members favor...more

New Jersey Appeals Court Saves Wachovia from $3.6 Million Whistleblower Award

by Ramon Rivera on 5/3/2012

New Jersey Appeals Court Saves Wachovia from $3.6 Million Whistleblower Award by Ramon Rivera A New Jersey appeals court has overturned a $3.6 million whistleblower award against Wachovia after an employee alleged he...more

The Corporations Code Can Make Suing Your Former Employees Costly

by Allen Matkins Leck Gamble Mallory & Natsis... on 3/16/2012

Supreme Court Justice Felix Frankfurter once told the following story about Oliver Wendell Holmes, Jr. and Ralph Waldo Emerson. When Holmes at the urging of his father visited the great author, Emerson asked “Young man,...more

EEOC Meeting Suggests Increased Enforcement of “Caregiver” Discrimination

by Ramon Rivera on 3/8/2012

The Equal Employment Opportunity Commission recently held a public meeting to address discrimination against pregnant women and workers with caregiving responsibilities, characterizing these forms of disparate treatment as a...more

First Circuit Ruling Limits Whistleblower Protection Under Section 1514A(a) of the Sarbanes-Oxley Act to Employees of Public...

by Sutherland Asbill & Brennan LLP on 2/21/2012

As a matter of first impression, the United States Court of Appeals for the First Circuit recently considered whether § 1514A(a) of the Sarbanes-Oxley Act (SOX) applies to those employed by a contractor or...more

UK Court of Appeal: Fixed-Share LLP Member Was Not an Employee

by Dechert LLP on 2/16/2012

This DechertOnPoint reports on the Court of Appeal’s recent decision confirming that, on the particular facts of the case, a member of a fixed share Limited Liability Partnership (LLP) was not an employee and was...more

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Civil Remedies › Business Organization › Labor & Employment Law