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Alert: Reminder Alert: Incentive Stock Options and Employee Stock Purchase Plans—IRS Information Statements and Information...

This Alert serves as a reminder of certain year-end reporting requirements imposed under Section 6039 of the Internal Revenue Code of 1986, as amended, with respect to incentive stock option exercises and transfers of stock...more

California Sunshine Warms the Market: A Twist on Customer Non-Solicitation Provisions in the Golden State

Those of you reading our Employee Mobility blog posts are familiar with California’s unique approach to non-compete agreements: they are, except in a few limited circumstances, unenforceable in the Golden State. And that...more

2015 Economic Outlook. Blue Skies Ahead.

Renowned economist Hugh F. Kelly (PhD, CRE), Clinical Professor in New York University’s Schack Institute of Real Estate and the 2014 national Chairman of The Counselors of Real Estate, led a discussion at a CREW-Miami...more

Internal Revenue Code Section 162(m) Compliance Alert

As we start the New Year, publicly traded corporations should begin reviewing their compensation plans/arrangements to ensure that compensation that is intended to qualify as performance-based compensation satisfies the...more

Employment Law Alert: Parties Ordered to Arbitrate Despite Incomplete Arbitration Agreement

In Cruise v. Kroger Co., the Court of Appeal held a clear arbitration clause in an employment application, standing alone, was sufficient to establish the existence of an agreement between the employee and employer to...more

Divorce and Beneficiary Designations—Florida Law Changes

Introduction - This article discusses a significant change in Florida law regarding the effect of dissolution or annulment of marriage on designations of one former spouse as beneficiary upon death of the insured other...more

2015 Trends: #8 Top Whistleblowing Priorities for Compliance Professionals

Last November, the U.S. Securities and Exchange Commission issued its Annual Report to Congress on the Dodd-Frank Whistleblower Program. It is clear that the program is going strong. Following are five key ways compliance...more

10-K Conundrum: 7th Circuit Holds Corporate Filings Can Lead To Employment Claims

A recent Seventh Circuit decision provides a cautionary tale for employers deciding what level of detail about litigated matters to include in publicly disclosed Securities and Exchange Commission (“SEC”) filings. The court...more

Blog: The ABCs of PIIAAs: Protecting Employee-Generated IP

Companies seeking to avoid employment disputes and to secure intellectual property rights to their employees’ inventions should make sure that all employees have signed confidentiality and inventions assignment agreements. ...more

Supremes Leave PAGA Representative Claims Intact

On January 20, 2015, the U.S. Supreme Court denied review of CLS Transportation Los Angeles, LLC v. Iskanian ("Iskanian"), a case which would have determined whether employees in California could continue to bring...more

Employee Who Was Sued By Former Employer Collects $271,000 From Employer

PCGH sued its former employee, Thomas Keck, to collect on an unpaid promissory note. Keck defended against the action by claiming that any money he owed PCGH was offset by monies PCGH owed him for unpaid bonus and severance...more

New Workplace Harassment Training Challenges (And How to Tackle Them)

Workplace harassment is a decades-old problem that, frustratingly, takes on new forms and new life each year. Harassment and discrimination (including gender, age, disability, religion and racial workplace discrimination)...more

Five 2015 Corporate Compliance / Litigation Issues Manufacturers Need To Keep An Eye On

It is our annual tradition at the beginning of each year to report on significant issues that face manufacturers/distributors in the year ahead.  Two weeks ago, Matt reported on significant issues in the labor/employment...more

The Supreme Court’s denial of certiorari in Iskanian only hardens the federal-state divide over PAGA claims

The divide continues between California and federal law on whether an arbitration agreement can entirely waive an employee’s ability to seek classwide or multiparty representational relief. The Supreme Court on Tuesday denied...more

Fourth Circuit's Triple Canopy False Claims Act Decision

The decision unexpectedly expands potential liability. On January 8, the U.S. Court of Appeals for the Fourth Circuit issued a panel decision that established a new and potentially significant False Claims Act (FCA)...more

Anti-Discrimination and Anti-Retaliation Policies Save Employer from $3.5 Million Punitive Damages Award

On January 7, 2015, the U.S. District Court for the District of Puerto Rico issued an opinion overturning a jury’s $3.5 million punitive damages award for retaliation claims brought under Title VII and Puerto Rico law,...more

United Firefighters' Union of Australia v Country Fire Authority [2015]

In a landmark judgment with significant implications for the state public sector, the Full Court of the Federal Court of Australia (Full Court) has upheld an appeal by the United Firefighters' Union of Australia (UFU) against...more

SEC Finds Loan to Investment Adviser’s CEO a Conflict of Interest

Consulting Services Group, LLC, or CSG, was a registered investment adviser whose business included providing consulting services to public pension funds. These consulting services included recommending third-party investment...more

Contractors vs. Employees: The Benefits and Risks of Hiring Outsourced Workers

Alternatives to direct employment are flourishing, as businesses have come to believe they should keep in house only “core” functions and outsource other activities like IT and HR to specialized service providers. This...more

San Francisco Passes the “Retail Workers Bill of Rights”

San Francisco recently enacted two sweeping ordinances that are being referred to as the “Retail Workers Bill of Rights”. The new laws impose strict new requirements on retail employers and establishments in the City of San...more

Missouri Court Refuses to Enforce Non-Compete in Staffing Agency Fight Between Kforce and Beacon Hill

A recent case out of the Eastern District of Missouri provides a perfect example of what judges should do when evaluating non-compete agreements: That is to say that judges should conduct a thoughtful analysis that accounts...more

Business Law Newsletter - January 2015

In This Issue: - FirstPay Decision: IRS Bests Trustee in Local Tax Case - Privacy Policies for Mobile Apps: One Size Does Not Fit All - Trademark Fees are Decreasing - Excerpt from Trademark Fees are...more

Antitrust Class Actions Against Employers: A Silicon Valley Special?

One substitute for non-competes with employees is a no-hire agreement with competing employers. As the continuing litigation toll in the Silicon Valley illustrates, that option is illusory...more

California Employers Face Increased Liability When Using Staffing Agencies

A California state law that became effective January 1, 2015, substantially undermines the business decision to utilize temporary workers. A significant number of California employers who use temporary workers must now share...more

Post-termination restrictions in a nutshell - to what extent will they protect your global business?

United Kingdom - In the UK, a contractual term restricting an employee's activities after termination of employment will be void for being in restraint of trade and contrary to public policy, unless the employer can...more

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