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News & Analysis as of May 18, 2013

Governor Signs New Law On Disability Access Complaints

by Robert Freedman - Partner at Tharpe & Howell,... on 11/20/2012

California has been a haven for plaintiffs’ attorneys suing for ADA (American With Disabilities Act) violations because of existing law that provided up to $4000 in statutory damages, along with attorneys fees for every...more

Court Upholds Chargeback Provision in Employee Sales Commission Contract

by Robert Freedman - Partner at Tharpe & Howell,... on 8/1/2012

Salespeople often work on a straight commission, or a compensation plan that includes both base pay and commission. Employers often find it useful or necessary to advance commissions to salespeople after a sale is made, but...more

Waiting Period Deleted From Bill Aimed At Predatory ADA Litigation Practices

by Robert Freedman - Partner at Tharpe & Howell,... on 7/24/2012

A requirement to wait 30 days before filing lawsuits for construction-related accessibility claims under the Americans with Disabilities Act has been deleted from the latest version of a bill (SB 1186) winding its way through...more

Joint Venture In Japan: "What to Look For in Due Diligence"

by Naoko Shatz on 10/7/2011

This article highlights(i) Japan's Personal Information Protection Act; and (ii) Japan’s Labor and Employment Laws....more

I Prezzi di Benzina e Gasolio: l'Anomalia dell'Italia e Cinque Proposte di Policy

by Nicola Carmine Salerno on 5/5/2011

 Alleggerire i vincoli amministrativi sull’apertura dei punti vendita e sui comportamenti dei distributori al dettaglio (delle pompe di rifornimento), mantenendo solo quelli effettivamente necessari a perseguire...more

SEC Proposes Say-on-Pay Rules

by Mintz Levin - Corporate & Securities on 11/24/2010

Advisory Votes on Executive Compensation and “Golden Parachute” Compensation, and Frequency of the Executive Compensation Vote The Securities and Exchange Commission (SEC) has proposed rules regarding shareholder advisory...more

New Whistleblower Protections for Financial Service Employees

by Sutherland Asbill & Brennan LLP on 10/1/2010

Much attention has been given to the whistleblower protections of Section 922 of the Dodd-Frank Wall Street Reform and Consumer Protection Act. That section, effective immediately on enactment, expanded whistleblower...more

The Encryption “Magic Bullet”

by Poyner Spruill LLP on 9/23/2010

Every organization in business today is holding personal information about individuals. Whether they are consumers, customers, clients, patients, employees, or business partners, you collect a mass of personal information...more

Corporate Governance and Executive Compensation Provisions of the Financial Reform Act

by Miller & Martin PLLC on 8/12/2010

On July 21, 2010, President Obama signed the Dodd-Frank Wall Street Reform and Consumer Protection Act (the “Act”). The Act was passed largely in response to the 2008 financial crisis with the goals of restoring stability...more

Advantages of Bankruptcy When Closing a Business

by Christine Wilton on 11/30/2009

When closing a small business, there are advantages to using Bankruptcy as a means to winding up your small business. ...more

Simple NDA and Non-Compete

by Bambi Faivre Walters, PC on 12/19/2008

Is someone going to create a website for you? Are you talking with a manufacturer to make your product? How much work are sending out and how can you protect your business? this simple non-disclosure (NDA) provides insight...more

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