Choate Hall & Stewart LLP

Private Equity Funds Liable for Withdrawal Liability of Portfolio Company

What you need to know: On March 28, 2016, the US District Court for the District of Massachusetts held, on remand from the First Circuit, that two related private equity funds were jointly and severally liable for…more
| Business Torts, Civil Procedure, Finance & Banking, Labor & Employment Law, Securities Law

New Reporting Requirements for Property Received from an Estate

What you need to know: On March 2, 2016, the Treasury Department released proposed regulations (REG-127923-15) implementing a new law that requires consistent reporting of value of certain assets received from an estate. In…more
| Taxation, Wills, Trusts, & Estate Planning

Congress to Consider New Bill Aimed at Increasing Whistleblower Rewards and Enhancing Company Liability

Leading members of the House Oversight and Government Reform Committee propose legislation to increase whistleblower rewards and expand companies’ liability for whistleblower claims. …more
| Business Organizations, Elections & Politics, Labor & Employment Law

FTC Annnounces New HSR and Section 8 Thresholds

What you need to know: - HSR filing thresholds will be adjusted upward effective February 25, 2016. What you need to do: - Parties involved in a merger or acquisition should analyze whether it will exceed the new…more
| Antitrust & Trade Regulation, Business Organizations, Mergers & Acquisitions

SEC Gives First Whistleblower Award to a Company Outsider: The SEC has increased the scope of its whistleblower award program in a significant way, by issuing a $700,000 award to a “company outsider.”

What you need to know: The SEC recently awarded $700,000 to an outside industry expert whose “detailed analysis” of a company’s alleged misconduct helped the SEC bring a successful enforcement action. Although the identity…more
| Labor & Employment Law, Securities Law

Potential Year-End Amendment Required for Cafeteria Plans

What you need to know: The IRS, in response to this summer’s US Supreme Court marriage-equality decision, Obergefell v. Hodges, issued guidance last week concerning the impact of Obergefell on qualified retirement plans and…more
| Labor & Employment Law, Taxation

New SEC Report Sheds Light on Key Trends in Whistleblower Activity and Anti-Retaliation Law - The SEC’s Office of the Whistleblower Reports Major Increases in Whistleblower Activity and Important Shifts in the SEC’s Approach to Anti-Retaliation Enforcement

What you need to know: The SEC recently released its 2015 annual report cataloguing the year’s most important trends in whistleblower activity and anti-retaliation law. The report provides a useful look at how Dodd-Frank’s…more
| Civil Rights, Commercial Law & Contracts, Labor & Employment Law, Securities Law

New OSHA Best Practices for Whistleblower Compliance Programs: Guidelines Can Help Organizations Design Effective Compliance Programs that Avoid Major Whistleblower Lawsuits

What you need to know: OSHA recently released for public comment a set of draft guidelines designed to help organizations design effective compliance programs that protect whistleblower rights and, by doing so, make it…more
| Labor & Employment Law

California Federal Court Expands Whistleblower Protections

What you need to know: Last week, the Northern District of California held in Wadler v. Bio-Rad Laboratories, a case of first impression, that members of a company’s Board of Directors can be held individually liable under…more
| Business Organizations, Civil Procedure, Civil Rights, Labor & Employment Law, Securities Law

Connecticut’s Highest Court Expands Whistleblower Protections for Employees

What you need to know: Last Monday, the Connecticut Supreme Court ruled in Trusz v. UBS Realty Investors that private sector employees who make whistleblower statements pursuant to their official job duties are protected…more
| Civil Procedure, Constitutional Law, Labor & Employment Law, Securities Law

Second Circuit Rules Internal Whistleblowers Are Protected under Dodd-Frank, Rejecting Asadi

What you need to know: In a divided 2-1 decision, the United States Court of Appeals for the Second Circuit ruled today in Berman v. Neo@Ogilvy that employees who complain only internally, rather than complaining to the…more
| Civil Procedure, Civil Rights, Labor & Employment Law, Finance & Banking, Securities Law

SEC Adopts Final CEO Pay Ratio Disclosure

What you need to know: On August 5, 2015, the SEC adopted a final rule pursuant to the Dodd-Frank Act requiring SEC reporting companies (other than emerging growth companies, smaller reporting companies, foreign private…more
| Business Organizations, Labor & Employment Law, Securities Law

DOL Proposes New FLSA Test for Employee Exemptions and Issues New Guidance for Independent Contractor Classifications

What you need to know: The Department of Labor recently proposed an important change to the Fair Labor Standards Act that would significantly reduce the number of employees who are properly deemed “exempt” from the FLSA’s…more
| Labor & Employment Law

SEC Proposes Rules on Clawback Policies

What you need to know: On July 1, 2015, the SEC proposed rules, provided for as part of the Dodd-Frank Act, that will require companies listed on US stock exchanges to adopt, enforce and disclose policies with respect to…more
| Business Organizations, Commercial Law & Contracts, Finance & Banking, Labor & Employment Law, Securities Law

SEC Regulation of Private Equity Funds

What you need to know: The Securities and Exchange Commission’s Office of Compliance Inspections and Examinations recently issued its examination priorities for 2015, many of which impact the private equity…more
| Commercial Law & Contracts, Finance & Banking, Securities Law
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