Read need-to-know updates, commentary, and analysis on Labor & Employment issues written by leading professionals.
Global Immigration Solutions for Multinational Businesses
Navigating the New OFCCP Regulations on Affirmative Action Obligations: Make Sure Your Organization is Ready
What is at will employment law?
Structuring Compensation Programs – Interview with David Lagasse, Member, Mintz Levin
Executive Compensation Packages – Interview with David Lagasse, Member, Mintz Levin
What Employers Need to Know about Obesity in the Workplace
Is an Honor Vacation Policy Right for My Company?
Corporate Criminal Liability – Interview with Bridget Rohde, Member, Mintz Levin
The Affordable Care Act & the Impact on the C-Suite – Interview with Alden Bianchi, Member, Mintz Levin
The Affordable Care Act: The Structure of Health Plans – Interview with Alden Bianchi, Member, Mintz Levin
Employer Social Media Policies – Interview with Mitch Danzig, Member, Member, Mintz Levin
Employer Issues: Trade Secrets & Class Action Lawsuits – Interview with David Barmak, Member, Mintz Levin
Social Networking: New Risks & Opportunities at Work
PODCAST - Inside Law - Defense of Marriage Act
Unpaid Internships: Are They Legal?
Zimmermann: Law Firm Partner Layoffs Should Be Routine
Social Media At Work - What's Allowed and What Isn't? PODCAST - Inside Law
Businessweek Reporter: BigLaw Is "Crash Landing"
[Legal Perspective] When Is It NOT Okay to Delete Your Social Media Account?
Social Media Law Report - Who Owns Your LinkedIn Account, FTC Guidance on Social Ads, More...
The U.S. government, through a brief submitted by the Solicitor General, is urging the U.S. Supreme Court to consider clarifying when a plaintiff may state a claim against plan fiduciaries for the continued holding of...more
The Sixth Circuit recently published a case, Rochow v. Life Insurance Company of North America, clarifying several points of law as they relate to damages from a claim made under the Employment Retirement Income and Security...more
In a 2-1 decision, a Sixth Circuit panel, in an expansive view of the remedies available under ERISA, affirmed a district court decision allowing a plaintiff to both recover disability benefits under ERISA § 502(a)(1)(B) and...more
Federal district courts in Missouri and Vermont have come to opposite conclusions regarding a right to jury trial with respect to fiduciary breach claims brought under ERISA section 502(a)(2). Applying the Supreme Court’s...more
The Supreme Court of the United States granted certiorari in Fifth Third Bancorp v. Dudenhoeffer, suggesting that the Supreme Court will resolve the current division among U.S. circuit courts regarding the application of the...more
Wow—You need to know what happened last week in the Sixth Circuit:
Disgorgement of profits as a remedy in an ERISA long term disability case?
Rochow v. LINA, __ F.3d __, 2013 WL 6333440 (6th Cir. December 6,...more
The Affordable Care Act has dominated the headlines of employment newsletters (justifiably) for the last six months. It will continue to be an area of focus for all employers. But don’t lose sight of the fact that all the...more
The federal district court decision in Rochow v. Life Insurance Company of North America, No. 04-73628 (March 23, 2012) went unnoticed by most ERISA practitioners after it was issued in 2012, even though the court awarded...more
Amidst the flurry of Securities and Exchange Commission (SEC) cases involving improper employee stock option backdating several years ago, many commentators opined on the potential insider trading implications of companies'...more
Angelica Textile Services, Inc. v. Park, No. D062405 (October 15, 2013): A California Court of Appeal recently held that claims of breach of contract, breach of fiduciary duty, and unfair competition are not “displaced” or...more
Once again we are reminded that covenants not to compete given in connection with the sale of a business are an entirely different species from the employment kind. Last week, in Oros & Busch Application Technologies, Inc. v....more
Allegations that Bank of America has engaged in loan modification and foreclosure malpractice has landed the second-largest U.S. mortgage lender in court, protesting a potential class action lawsuit. The plaintiffs in this...more
This week’s announcement that SAC Capital Advisors will pay a record-breaking penalty of $1.8 billion (USD) for insider trading violations may not have been a surprise to anyone following the case - after all, the hedge...more
On October 30, 2013, the SEC announced that it rendered a $150K award to an anonymous whistleblower whose tips allegedly helped thwart a scheme to defraud investors. The bounty equals 30% of the proceeds the SEC collected in...more
In Yanez v. Plummer (Nov. 5, 2013, C07026), the Third Appellate District issued an opinion highlighting the perils for an in-house lawyer who simultaneously represents the company and an employee. Union Pacific fired Michael...more
Although using the revenue generated by the Plan’s investment funds to pay investment, advisory or recordkeeping fees may seem at first a “no-brainer”, this decision requires financial analysis, assessment of fiduciary...more
In a decision involving the “first contact” rule with respect to non-solicitation agreements, the First Circuit, in Corporate Technologies v. Harnett, rejected a bright line application and upheld a ruling of tortious...more
Recently, a federal district court in Georgia, on remand from an appellate court, dismissed a suit brought by participants of the SunTrust Bank 401(k) savings plan alleging fiduciary breaches based on defendants’ decision to...more
Indian tech giant Infosys has reached a $34 million civil settlement with the US government for allegedly misusing the US visa system. The company was accused of obtaining business visitor, B-1, visas instead of H-1B work...more
Courts continue to define the scope of the emerging trade secret displacement doctrine, (commonly referred to as preemption) which stems from California's Uniform Trade Secrets Act ("UTSA"). The UTSA contains a relatively...more
The SEC awarded more than $14 million to a whistleblower earlier this month in exchange for information that helped the SEC bring an enforcement action against the perpetrators of an investment fraud in less than six months...more
A federal district court in Georgia recently dismissed a suit brought by participants in the SunTrust Bank 401(k) savings plan alleging fiduciary breaches based on defendants’ decision to continue permitting investment in...more
Although the question presented in Prazen v. Shoop was limited to the field of public pensions, the case presented interesting aspects of fiduciary law and statutory construction as well. The question in Prazen was whether...more
I’ve written many times about Section 16600 of California’s Business & Professions Code which, with limited exceptions, voids covenants not to compete. See TRO Issued Enjoining Breach Of Non-Compete Agreement Clauses, No...more
The City of Bell (“City”) sued Robert Rizzo (“Rizzo”), its former chief administrative officer, for restitution after he allegedly looted the City’s coffers. Rizzo, who also faced criminal charges, asserted that the City was...more