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Transfer to Multiple New Employers Can Amount to TUPE Transfer

In Hyde Housing Association Ltd and another v Layton UKEAT/0124/15, the Employment Appeal Tribunal (EAT) considered whether a transfer to multiple new employers could amount to a TUPE transfer. Mr Layton was employed as...more

PilieroMazza Legal Advisor - First Quarter 2016

Business & Corporate Law - REGULATORY ISSUES FOR ACQUISITIONS OF GOVERNMENT CONTRACTS BY NON-U.S. BUYERS - With the uptick in M&A transactions for government contractors, we have seen an increase in cross border...more

Securities Law and Corporate Governance Developments: A Look Back at 2015 and a Preview of 2016

Initiatives by Congress, the Securities and Exchange Commission (SEC), activist shareholders, and federal and state courts from 2015 will reshape public company disclosure and policies, and offer new avenues for private...more

How well do you know your compliance program? 6 simple tools

In light of DOJ’s recent guidance, most companies understand that “paper” compliance programs are no longer enough to protect a company when a regulator comes knocking. Companies are under increasing pressure to demonstrate...more

Locke Lord Article: Enforcing US Stock and Bonus Plan Provisions Against UK Executives

Summary - Key UK Court of Appeal decision highlights the difficulty in enforcing US choice of law provisions within stock or bonus plans against UK based executives. The Issue - It is not unusual for US...more

Corporate Communicator - Winter 2016: 2016 Annual Meeting Season

Dear clients and friends, We present our traditional year-end issue of Snell & Wilmer’s Corporate Communicator to help you prepare for the upcoming annual report and proxy season. This issue highlights SEC reporting and...more

The Meritas Guide To Employment Law On A Business Sale In Europe, Middle East And Africa - April 2015: UK

1. DO EMPLOYEES AUTOMATICALLY TRANSFER TO THE BUYER WHEN A BUSINESS IS SOLD? Where there is a business transfer or a service provision change (outsourcing or insourcing or a change of provider) which is within the scope...more

The Meritas Guide To Employment Law On A Business Sale In Europe, Middle East And Africa - April 2015: UAE

1. DO EMPLOYEES AUTOMATICALLY TRANSFER TO THE BUYER WHEN A BUSINESS IS SOLD? Except in cases where there is a complete transfer of ownership of a company, there is no automatic transfer of employees and their rights when...more

Saudi Arabia Update - December 2015

Legal Developments - MoCI warns unlicensed real estate valuators - The MoCI warned practitioners of real estate valuation from carrying on their profession without obtaining a temporary membership from the Saudi...more

The Meritas Guide To Employment Law On A Business Sale In Europe, Middle East And Africa - April 2015: Switzerland

1. DO EMPLOYEES AUTOMATICALLY TRANSFER TO THE BUYER WHEN A BUSINESS IS SOLD? When an employer transfers their business or part of the business to a third party transferee, all rights and obligations arising out of the...more

Why Parting Company with Executives Needs Careful Management

UK Employers need to avoid post-exit bad-mouthing, spurious reasons for leaving, and poor handovers. There are a number of practical issues which employers need to consider when planning and implementing an executive’s...more

California Court Confirms No Absolute Public Policy Against Non-Competes Entered into by Partners

California’s prohibition on non-competition agreements is less than absolute. For example, non-compete agreements may be enforced against partners or sellers of businesses. Additionally, in SingerLewak LLP v. Andrew Gantman...more

The Meritas Guide To Employment Law On A Business Sale In Europe, Middle East And Africa - April 2015: Spain

1. DO EMPLOYEES AUTOMATICALLY TRANSFER TO THE BUYER WHEN A BUSINESS IS SOLD? According to Spanish Law, in the event of a transfer of undertaking the new employer shall subrogate in the transferor´s rights and...more

ISS Ignores Contrary Studies In Adopting Overboarding Policy Change

ISS released its 2016 Benchmark Policy Recommendations last Friday. I had previously criticized ISS for its proposal to change its recommendation on withholding votes with respect to directors who sit on too many boards...more

The Meritas Guide To Employment Law On A Business Sale In Europe, Middle East And Africa - April 2015: Portugal

1. DO EMPLOYEES AUTOMATICALLY TRANSFER TO THE BUYER WHEN A BUSINESS IS SOLD? Pursuant to the Portuguese Employment Code, there is a transfer of an undertaking when there is a change of ownership of an undertaking or...more

Proxy Access Update—Preparing for the 2016 Proxy Season

Proxy access predominated corporate governance issues for the 2015 proxy season, with over 100 proposals submitted on the topic, compared to 18 in 2014. Shareholder proponents achieved significant success in 2015, with an...more

The Meritas Guide To Employment Law On A Business Sale In Europe, Middle East And Africa - April 2015: Poland

1. DO EMPLOYEES AUTOMATICALLY TRANSFER TO THE BUYER WHEN A BUSINESS IS SOLD? Upon a transfer of (or part of) an undertaking to another employer, employees are automatically transferred thereto. Consequently, the...more

What 19 Eminent Law Professors Would Have You Believe

UCLA Law School Professor Stephen Bainbridge yesterday highlighted an amicus curiae brief filed recently by 19 law professors in Freidrichs v. California Teachers Ass’n. That case, which is now pending before the U.S....more

Securities and Corporate Governance Litigation Quarterly

Welcome to the fifth issue of Securities and Corporate Governance Litigation Quarterly, Seyfarth’s quarterly publication of the Securities & Financial Litigation Group focusing on decisions or other items of interest for...more

Goldman Sachs Cheating Scandal: Lessons for Your Compliance Training Program

The recent Goldman Sachs and JPMorgan cheating scandals teach us some valuable lessons about compliance training. In these headline cases, newly hired junior analysts were caught cheating on internal compliance-related tests...more

Severance Payments May be Recoverable in a Company’s Bankruptcy

Working for the Queen of Hearts is a tough gig. A disappointing quarter and she’s quick to the chopping block. And the ‘severance’ she offers – “Off with their heads!” – no thanks....more

Constructive dismissal in Canada

Several jurisdictions around the world permit claims for what is known as “constructive dismissal” or “constructive discharge”. In some cases those claims arise from statute and in others they arise under common law. This...more

Department of Labor Reissues Rules on Fiduciaries Investing in “Economically Targeted Investments”

The Department of Labor (DOL) has clarified the fiduciary implications of an employee benefit plan investing in so-called “socially responsible investments,” sometimes referred to as “impact investments” or “economically...more

Alert: Final FSCO Guidance on Environmental, Social and Governance Factors Released

On October 21, 2015, the Financial Services Commission of Ontario (FSCO) released its investment guidance note on environmental, social and governance (ESG) factors (Guidance Note) in final form. A draft version of the...more

The Meritas Guide To Employment Law On A Business Sale In Europe, Middle East And Africa - April 2015: Italy

1. DO EMPLOYEES AUTOMATICALLY TRANSFER TO THE BUYER WHEN A BUSINESS IS SOLD? According to Article 2112 of the Italian Civil Code it is considered as a transfer of business any operation or transaction, leading to a...more

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