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Labor & Employment Business Organization

Read need-to-know updates, commentary, and analysis on Labor & Employment issues written by leading professionals.

In Brief: Second Circuit Reaffirms Broad Scope of Bankruptcy Code’s Subordination of Shareholder Claims

by Jones Day on

Section 510(b) of the Bankruptcy Code provides a mechanism designed to preserve the creditor/shareholder risk allocation paradigm by categorically subordinating most types of claims asserted against a debtor by equityholders...more

S.D.N.Y. Dismisses Dodd-Frank Whistleblower Claim Because Retaliation Claims Were Already Arbitrated

The Southern District of New York recently dismissed Dodd-Frank whistleblower retaliation claims brought by an employer’s ex-President and an ex-Director pursuant to Rule 12(b)(6) on res judicata grounds, determining that...more

Attention Dental Offices - Are You Ready for TOSHA?

by Miller & Martin PLLC on

Tennessee OSHA (“TOSHA”) has announced a new Local Emphasis Program related to dental practices and facilities. Based upon data recorded by TOSHA over a ten year period covering 30 inspections performed at dental offices,...more

Texts and Message Apps Are Changing Internal Investigations

It almost goes without saying that these days not all pertinent business-related communications can be found on corporate email servers. As we have increasingly seen in recent internal investigations, some of the most...more

In Case You Missed It: Launch Links - August, 2017

by WilmerHale on

Some interesting links we found across the web this week: Congratulations, Your Startup Is Profitable! Now What? Becoming cashflow positive can be exciting and emboldening....more

Successful appeal against health and safety fine in the Court of Appeal

by Dentons on

Tata Steel UK recently secured a significant reduction of a health and safety fine by appealing the fine to the Court of Appeal. It is understood to be the first successful appeal by a large company of a Crown Court judge's...more

Mistakes An Employer Should Avoid Starting A 401(k) Plan

by Ary Rosenbaum on

I’m a firm believer that you need to get off on the right foot if we start something new. Otherwise, you have tough time recovering. When I talk about getting off on the wrong foot, I always remember wanting to get involved...more

Never a Dull Moment in Employment Law: Whistleblowing and More

by Dechert LLP on

The Supreme Court’s recent decision quashing the Employment Tribunal fee regime is not the only recent employment law news of which UK employers need to be aware. This OnPoint summarises some other recent developments....more

Scottish limited partnerships and pension scheme funding: action needed by trustees and employers?

by Hogan Lovells on

From 24 July 2017, Scottish limited partnerships are required to register details of "persons with significant control" (PSCs) over the partnership and "relevant legal entities" (RLEs) with Companies House. For this...more

Brace for 2018: The SEC’s Pay Ratio Rule

The SEC’s Pay Ratio Disclosure Rule is unlikely to be repealed — public companies should plan to comply. Takeaways - •The Financial CHOICE Act, which aims to repeal the CEO pay ratio disclosure rule, is unlikely to...more

DOJ Antitrust Corporate Dispositions May Protect Some Culpable Employees

by Jones Day on

Most companies under criminal investigation by the Antitrust Division, U.S. Department of Justice ("DOJ") eventually resolve their liability with the government short of going to trial, either by entering into a corporate...more

The Pull & Push of Compliance Policies & Training

by NAVEX Global on

“…companies used to bring in binders full of their policies….I really don’t care what the policy says….I’m more interested in how the policies actually operate.” That’s a quote from Hui Chen from an interview with...more

Tips for Drafting Executive Employment Agreements – Tip #4 – Beware of 409A

by Bryan Cave on

This article continues with another tip for drafting executive employment agreements and the importance of consulting counsel. For every well drafted executive employment agreement in the business world, there seem to be...more

In Case You Missed It: Launch Links - July, 2017 #5

by WilmerHale on

Some interesting links we found across the web this week: How to Successfully Go About Acquiring Another Startup - Sometimes your startup can achieve goals quicker through an acquisition. ...more

Popular Reads on JD Supra

by JD Supra Perspectives on

A recap of popular reads published on JD Supra last month, covering everything from FinTech to legal marijuana, from content marketing to tax reform....more

Marketing For Plan Providers: What It Can Do And What It Can’t

by Ary Rosenbaum on

For retirement plan providers, good marketing is essential. It’s so essential that there are marketing gurus out there that work in the retirement plan space to help providers out like Sheri Fitts and Rebecca Hourihan who do...more

Workplace Ethics & Culture: What the Uber Board Report Means for Compliance Officers

by Thomas Fox on

A compliance perspective on one of the most unique corporate documents you will ever see....more

The Costly Tax Consequences of ESOP Disqualification

by Davis Brown Law Firm on

Over the past several years, the IRS has renewed its focus on auditing Employee Stock Ownership Plans (ESOPs), in part because of allegedly abusive arrangements (for a quick overview, see Courtney’s ESOP post). Unfortunately,...more

Nutter Bank Report, July 2017

CFPB Arbitration Rule Will Prevent Firms From Blocking Class Action Lawsuits - The CFPB has approved a new rule that will prohibit banks and other covered providers of certain consumer financial products and services from...more

Building an Effective Compliance Program

We both recently returned from presenting to groups of health care providers on creating and implementing effective compliance programs. Although compliance plans and compliance programs are not new to the health care realm,...more

401(k) Plan Sponsors: It’s Time To Wake Up

by Ary Rosenbaum on

Anytime I travel, I ask for a wake up call even though my IPhone will blare “Eat the Rich” by Aerosmith at the same time because you can never be too careful. When I travel around the country to speak, I want to make sure I...more

Unexpected Risks of Early Exercise Incentive Stock Options

by Dorsey & Whitney LLP on

Canadian companies and their outside counsel occasionally ask about the ability to grant early exercise incentive stock options (“ISOs”) to limit the impact of the U.S. alternative minimum tax (“AMT”) to their U.S. employees....more

Back to Basics: A Review of Recent SCOTUS Personal Jurisdiction Jurisprudence

by Foley & Lardner LLP on

As its term drew to a close, the Supreme Court handed down its latest decision on personal jurisdiction in a case entitled Bristol-Myers Squibb Co. v. Superior Court of Cal., San Francisco Cty. Over the last six years, the...more

Gavel to Gavel: Preventing data breaches

by McAfee & Taft on

The risk data breaches and cyberattacks pose to small businesses cannot be overstated. Roughly half experienced a breach within the past year at an average cost of $665,000 and immeasurable lost revenue. Worse yet,...more

ESOPs in Iowa Gone Wrong

by Davis Brown Law Firm on

What is an ESOP? An Employee Stock Ownership Plan (ESOP) is an employee benefit plan designed to give company stock to its employees. ...more

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