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Secretary of the Commonwealth Issues Notice of Three Proposed Constitutional Amendments

WE, the people of Pennsylvania, have been governed by five different iterations of the state constitution since December 12, 1787, the day of our statehood. Each of those versions is the product of a state constitutional...more

Affordable Care Act: Hobby Lobby Decision Limits Contraception Requirement

As widely reported, on June 30th, the United States Supreme Court held in Burwell v. Hobby Lobby Stores that certain methods of contraception under the preventive health services requirements of the Patient Protection and...more

What Does 'Noel Canning' Mean for the NLRB's Previously Decided Cases?

A comprehensive summary of the most significant previously-issued NLRB decisions up for reconsideration now that the U.S. Supreme Court has declared President Obama's recess NLRB appointments unconstitutional....more

The Impact of NLRB v. Canning - Q&A With Former NLRB Member Brian E. Hayes

The unconstitutionality of the appointments directly impacts all of the employees, employers, and unions that were involved in any of the now invalid decisions....more

SOX Whistleblower Protections Extend to Private Companies: Critical Steps to Take Now [Video]

The Supreme Court in Lawson vs FMR, LLC (delivered March 4, 2014 after a 6-3 vote) has ruled that employees of private companies engaged by public companies are covered by the whistleblower protections of Sarbanes-Oxley Act...more

Would Hobby Lobby Stores, Inc. Have A Stronger Case As A Flexible Purpose Corporation?

Steve Hazen alerted me to the fact that California Attorney General Kamala D. Harris has filed an amicus brief in Sebelius v. Hobby Lobby Stores, Inc., U.S. Supreme Court Docket No. 13-354. The question presented in that...more

The Supreme Court: Cases to Watch in the October 2013 Term

This week marks the first Monday in October, which for Supreme Court watchers is a holiday: the start of a new term. While not everyone gets that excited about the new term, there are several cases that the Court intends to...more

NFL Doctor’s Role in Concussion Lawsuit May Prompt More to Join Litigation

NFL Doctor’s Role in Concussion Lawsuit May Prompt More to Join Litigation by Anthony Caruso on August 21, 2013 NFL doctor, Elliot Pellman, has served players for several years and made critical decisions about whether...more

EEOC Cracking Down on Use of Criminal Background Checks

EEOC Cracking Down on Use of Criminal Background Checks by Robert Levy on August 13, 2013 The Equal Employment Opportunity Commission (EEOC) is cracking down on how employers use criminal background checks during the...more

Same-Sex Marriage Decision Leaves Questions for Employers

In United States v. Windsor, the U.S. Supreme Court definitively struck down the federal Defense of Marriage Act (DOMA), which defines “marriage” for all purposes under federal law as “only a legal union between one man and...more

Should NY State Be Able to Track Public Employees Via GPS?

While the country continues to debate the federal government's PRISM program, another government surveillance case is underway a little closer to home. New York State is accused of using a GPS device to track the movements of...more

Law Firm Fraternization Policy Leads to Lawsuit

Romantic relationships in the workplace can often wreak havoc. However, one law firm’s fraternization program is now the basis for an employment lawsuit. Kimberly A. Elkjer is suing her Texas law firm over its policy of...more

Using the Privilege: Fifth Amendment Fundamentals for Corporations

Most in-house lawyers, if they're fortunate, haven't bumped up against the Fifth Amendment and its related issues since the bar exam. After all, the so-called "nickel" typically arises solely in the criminal context, and...more

Law Mandates CalPERS/CalSTRS Support For Shareholder Resolutions Supporting Religious Minorities

In 1999, the legislature enacted SB 105 (Burton) which obligates CalPERS and CalSTRS to support, whenever feasible, shareholder resolutions at domestic and international corporations in which those funds have invested that...more

Canning v. National Labor Relations Board

Obama NLRB Recess Appointments Unconstitutional (Text Copy)

Full text copy of the District of Columbia Court of Appeals ruling in Canning v. National Labor Relations Board, which found President Obama’s recess appointments of three members to the NLRB in January 2012 to be...more

Rassegna Giurisprudenziale

Si riporta di seguito una breve rassegna dei provvedimenti maggiormente significativi emessi negli ultimi mesi in materia di responsabilità amministrativa degli enti ex D.Lsg. 231/2001. CORTE DI APPELLO DI BRESCIA –...more

For Corporations, a "Virtual Office" in New Jersey Can Lead to an Actual Tax

For out-of-state corporations that do business in New Jersey through the use of “virtual offices,” the recent decision by the Appellate Division of the Superior Court of New Jersey in Telebright Corporation, Inc. v. Director,...more

Governor Signs Bill Imposing New Requirements On In-State And Out-of-State Employers Who Pay Commissions

Two score and eight years ago, the California legislature enacted AB 836 (Frew), Stats. 1963, ch. 1088. That legislation requires employers who pay their employees for services in California through commissions to provide...more

Apparently, They Need To Swear More In North Dakota

Swearing Is Required By The California Constitution When I was appointed Commissioner of Corporations, I took an oath to support the U.S. and California constitutions. Although I don’t recall inquiring about the source...more

"Citizens United": The Supreme Court Decision One Year Later

The Supreme Court issued its landmark opinion in Citizens United v. FEC one year ago today. That case allowed corporations and labor unions to make independent expenditures for or against political candidates. An editorial in...more

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