Commercial Law & Contracts, Labor & Employment Law

Law360 Quotes Lloyd Chinn on the U.S. Supreme Court’s Granting of Certiorari in Lawson

by Harris M. Mufson, Daniel Saperstein | Proskauer - Whistleblowing & Retaliation on 5/22/2013

In a Law360 article (subscription required) today, Lloyd Chinn, Co-head of Proskauer’s Whistleblower & Retaliation Group, commented on the U.S. Supreme Court’s decision to hear its first-ever whistleblower case under the...more

Texas Enacts Uniform Trade Secrets Act

by Erin Leu, Ronald Manthey, Paulo McKeeby | Morgan Lewis on 5/22/2013

New statute aims to promote favorable business climate and may provide broader protection of information under Texas law. On May 2, Texas Governor Rick Perry signed the Texas Uniform Trade Secrets Act (Texas UTSA) into...more

Exclusions: OIG Offers Relationship Counseling to Providers

by Summer Swallow | BakerHostetler on 5/22/2013

On May 8, 2013, the U.S. Department of Health and Human Services Office of Inspector General (OIG) issued an updated Special Advisory Bulletin on the Effect of Exclusion from Participation in Federal Health Care Programs...more

DUI Penalties for Commercial Drivers

by Hoffman DiMuzio on 5/22/2013

The consequences of driving under the influence of alcohol or drugs (DUI) in New Jersey are quite severe for every convicted offender. Commercial drivers such as bus and truck drivers face additional penalties including...more

What's Happening in Business Aviation? May 2013

by Burns & Levinson LLP on 5/22/2013

This edition of the Burns & Levinson Business Aviation Report covers new developments in the following areas of business aviation: • Rentals from leasing aircraft may be subject to the new 3.8 percent tax on net...more

A Catch to a Release

by Laura Buckingham | Field Law on 5/22/2013

A signed release provides peace of mind that all disputes are resolved and there will be no further claims, complaints, or legal action. Or does it? Two recent Ontario cases remind us that a signature alone is not a...more

New Jersey Bill Could Put An End To The Use Of Non-Compete Agreements As We Know It

by Kali Wellington-James | Pepper Hamilton LLP on 5/22/2013

Last month, the New Jersey Legislature introduced a bill that could drastically limit the enforceability of non-compete, non-solicitation, and non-disclosure agreements that New Jersey employers routinely enter into with...more

Retired County Employees Can Amend Their Complaint In An Attempt To Prove Existence Of A Contract for Health Benefits

by Laura Izon Powell, Bruce A. Scheidt, Kristianne Seargeant, David W. Tyra | Kronick, Moskovitz, Tiedemann & Girard on 5/22/2013

In 2008, the Sonoma County Board of Supervisors (“County”) acted to cap the county’s contributions for health care benefits for retired employees at $500 per month. The Sonoma County Association of Retired Employees...more

Do You Know the Seven Factors That Comprise "Just Cause"?

by David Froiland | Foley & Lardner LLP on 5/21/2013

The “just cause” standard has long been a cornerstone of traditional labor law (under many collective bargaining agreements, employees generally cannot be discharged except with “just cause”). However, the standard also has...more

U.S. Supreme Court to Decide Whether SOX’s Whistleblower Provision Protects Employees of Publicly Traded Company’s Contractors

by Noa Baddish, Lloyd B. Chinn, Harris M. Mufson | Proskauer - Whistleblowing & Retaliation on 5/21/2013

On May 20, 2013, the United States Supreme Court granted a petition for a writ of certiorari to review the United States Court of Appeals for the First Circuit’s decision holding that SOX’s whistleblower protection does not...more

The Board Plays On: The NLRB Clarifies Its Position on At-Will Disclaimers

by Alyesha Asghar Dotson | Spilman Thomas & Battle, PLLC on 5/21/2013

In 2012, the National Labor Relations Board (NLRB) set the business community atwitter when an administrative law judge in American Red Cross decided that an at-will disclaimer in an employee handbook violated the National...more

Whistleblower Law Firm Complains To SEC

by Jill Radloff | Leonard, Street and Deinard - Dodd-Frank and... on 5/20/2013

Two partners from a self-described law firm that specializes in the representation of whistleblowers have sent a letter to the SEC Commissioners complaining about the use of severance agreements to prevent employees from...more

McAfee & Taft Employer LINC: Oklahoma passes law confirming enforceability of employee non-solicitation agreements

by McAfee & Taft on 5/20/2013

While non-competition agreements remain unenforceable under Oklahoma law, a bill recently signed by Governor Fallin confirms by a new statute that Oklahoma employers may enforce agreements prohibiting a former employee from...more

Health Law Alert: OIG Issues Updated Special Advisory Bulletin On The Effect Of Exclusion From Participation In Federal Health...

by Jessica Kracl, Sheva J. Sanders | Leonard, Street and Deinard on 5/17/2013

On May 8, 2013, the U.S. Department of Health and Human Services Office of the Inspector General (OIG) issued an updated Special Advisory Bulletin on the effect of exclusion from participating in federal health care programs....more

Michigan Becomes the 24th “Right-To-Work” State

by Douglas Callander, Charles Oxender | Miller Canfield on 5/17/2013

On March 27, 2013, the “right-to-work” bills, SB 116, now known as Public Act 348 of 2012 and HB 4003, now known as Public Act 349 of 2012, became effective. Also called Michigan’s “Freedom-To-Work” laws, the statutes make it...more

Insights - Spring 2013: Developing Federal Common Law of Successor Liability

by Regina Joseph | Shumaker, Loop & Kendrick, LLP on 5/17/2013

When a purchaser acquires substantially all the assets of a seller, the purchase agreement typically provides that the purchaser does not assume seller’s liabilities except to the limited extent specifically set forth...more

Did You Know…Certain Businesses Are Now Required To Post Human Trafficking Notice

by Jennifer Reass | Nossaman LLP on 5/16/2013

As anticipated, Senate Bill 1193 went into effect on April 1, 2013, requiring a broad range of businesses in the transportation, hospitality, and health care sectors to post public notices regarding slavery and human...more

The 2013 Compliance Helpline Benchmark Report - STATISTICAL SNAPSHOT

by NAVEX Global on 5/16/2013

Please see full snapshot below for more information....more

International Dismissal Toolkit: Individual Employment Terminations and Reductions-in-Force Outside the United States

by Donald C. Dowling, Jr. | White & Case LLP on 5/16/2013

Firing an employee in the United States can be a challenge. Group firings—reductions in-force — can be an even bigger challenge. And from the point of view of a multinational headquartered in the United States, overseas...more

Four Keys To Compliance Leadership

by Thomas Fox on 5/16/2013

One of the most divisive moments in American history occurred on this date in 1868. On this day the US Senate voted against impeaching President Andrew Johnson thereby acquitting him of having committed “high crimes and...more

SuperVision Today - 2nd Quarter 2013

by Erin Jones Adams, R. Scott Adams, Alyesha Asghar Dotson, Carrie Harris, Eric W. Iskra, Eric E. Kinder, Richard Wallace | Spilman Thomas & Battle, PLLC on 5/16/2013

In This Issue: - Notes from the Chair & Executive Editor - The Board Plays On: The NLRB Clarifies Its Position on At-Will Disclaimers - Interns This Summer? Evaluating Your Unpaid Internship Programs...more

Proposed Non-Compete Legislation in Connecticut Follows Legislative Trend

by Kenneth Vanko | Clingen Callow & McLean, LLC on 5/16/2013

So far, 2013 has been active for proposed non-compete legislation. At the beginning of any calendar year, it's not surprising to see a number of bills introduced in state assemblies or legislatures - many of which have...more

Updated OIG Bulletin on Effect of Exclusion from Federal Health Care Programs

by Thompson Coburn LLP on 5/15/2013

On May 8, 2013, the U.S. Department of Health & Human Services, Office of Inspector General (“OIG”), issued an updated “Special Advisory Bulletin on the Effect of Exclusion from Participation in Federal Health Care Programs”...more

Fenwick Employment Brief - May 2013: Substantive Fairness Overcomes Elements of Procedural Unconscionability in Mandatory...

by Daniel J. McCoy, Dan Ko Obuhanych | Fenwick & West LLP on 5/15/2013

In yet another case addressing the enforceability of mandatory arbitration agreements in California, a Southern California federal district court in Williams v. Department of Fair Employment and Housing recently held that...more

Proposed Senate Bill Would Adversely Impact Outsourcing Companies

by Steve Semerdjian | Loeb & Loeb LLP on 5/15/2013

A comprehensive new Senate immigration bill includes provisions governing the award of nonimmigrant visas for highly skilled workers (H-1B visas) that are likely to adversely affect outsourcing companies that use a U.S.-based...more

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Commercial Law & Contracts › Labor & Employment Law