The End is Nigh? MLB and Fairness in Administration of a FCPA Compliance Program by Thomas Fox on 5/18/2012 Less than three months after he ruled against Major League Baseball (MLB) in the Ryan Braun suspension, Arbitrator Shyman Das was fired by MLB. He had been an approved arbitrator under the MLB Collective Bargaining Agreement...more
The Value in Conducting Thorough Background Checks on Executives by Thomas Fox on 5/17/2012 Internet giant Yahoo! has now been forced to undertake another extensive search for a Chief Executive Officer to help salvage its underperforming business. Today it was announced that Scott Thompson would be stepping down...more
Mergers & Aggravations by Ford & Harrison LLP on 5/11/2012 My colleagues and I have written on this blog about all of the costly potential lawsuits the Scranton branch has spawned since Sabre acquired Dunder Mifflin. Let’s assume some of these incidents have become actual lawsuits...more
VeraSun: Claims Under “Change in Control” Agreements Subject to Cap Governing “Employment Contracts” by Cadwalader, Wickersham & Taft LLP on 4/13/2012 In a recent decision in the VeraSun bankruptcy cases, the U.S. Bankruptcy Court for the District of Delaware held that “change in control” agreements between former executives and the debtors are “employment contracts” under...more
Purchaser Need Not Duplicate Shut-Down Benefits When Mirroring Seller’s Pension Plans by Littler on 3/15/2012 In Shaver v. Siemens Corporation, 2012 U.S. App. LEXIS 4081 (3d Cir. Feb. 29, 2012), the U.S. Court of Appeals for the Third Circuit issued a precedent-setting opinion addressing the complex relationship between ERISA’s...more
Negotiating Executive Compesation: Will You Make The Ask You Know You Should Make? by Jotham S. Stein on 3/7/2012 Knowing what you or your client wants in terms of Executive Compensation is one thing. Asking for it is another. Is negotiationg your (or your client's) Executive Compensation keeping you up at night? If you are concerned...more
Multiple Employer Welfare Arrangements by Heidi Alessi on 3/6/2012 This installment addresses MEPs providing health and welfare benefits, particularly multiple employer welfare arrangements ("MEWAs"). In concept, MEWAs are designed to give employers access to low cost health coverage and...more
VLOG - Nachman & Phulwani's Trip to India and Investing in the U.S. by NPZ Law Group, P.C. (f/k/a Nachman &... on 2/29/2012 TRIP TO INDIA, VISA BULLETIN MARCH 2012, H-1B SEASON. http://www.youtube.com/watch?v=QVejVuCq-bw 1. TRIP TO INDIA 2. QUESTION ABOUT CONSULAR PROCESSING IN INDIA 3. PREFERENCE CATEGORY VISA NUMBERS 4. H-1B...more
Compliance Convergence: ICE Enforcement by Thomas Fox on 2/22/2012 Compliance convergence can take many forms. In an article entitled “Pass the ICE Test: Nine I-9 Record Keeping Tips” published in the February 6, 2012 edition of the Texas Lawyer, author Karen-Lee Pollak explores...more
The Players: Why Founders Need Protection Too by Jotham S. Stein on 1/16/2012 In today’s corporate environment few are invincible. Even founders get fired. Founders are the men and women who follow their dreams, build companies from the ground up, often forgoing paychecks for months or years on end....more
Can Solo Practitioners and Small Group Practices Survive in Today's Challenging Marketplace? by Abrams Fensterman Fensterman Eisman Formato... on 1/11/2012 The simple answer is "yes," but they will have to make substantial changes in the way they do business. This means that more than ever, they will need to think "outside the box." While practicing medicine has never been...more
Seventh Circuit Gives Guidance on McCaskill-Bond Amendment to Federal Aviation Act by Katten Muchin Rosenman LLP on 12/19/2011 The McCaskill-Bond Amendment to the Federal Aviation Act provides that a merger of air carriers requires the new entity to merge the seniority lists of the two carriers’ employees. Republic Airways acquired Midwest Airlines,...more
Turbervilles Business Newsletter - Winter 2011 by Turbervilles on 11/25/2011 Welcome to our Winter Newsletter. In this edition, we look at why it may be possible for firms to make a profit when pursuing payment of overdue invoices. A firm of surveyors must pay £18m after giving negligent...more
Personal Due Diligence and Protection for the C-Suite Executive by Jotham S. Stein on 11/7/2011 Whether you’ve been pounding the pavement for months looking for a job or were handed a top-tier position on a silver platter, there are many things to consider before signing on the dotted line. ...more
Leaving the Mothership - Employee Benefits for Spin-Offs by Peter Tobiason on 11/4/2011 When acquiring a spin-off from a corporate parent, benefits are key to post closing success and minimizing employee disruption. Employee benefits represent significant costs for middle market companies but are critical to...more