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Attorney	Latest Publications
Philip Abelson	MNPI and NDAs: The Alphabet Soup of Getting Restricted Investors wanting to equip and position themselves to negotiate a debtor's restructuring may temporarily relinquish their ability to buy and sell securities in exchange for access to material nonpublic information ("MNPI"). This…more Commercial Bankruptcy, Creditors, Investors, Non-Disclosure Agreement, Restructuring	See All Updates »
Chandi Abeygunawardana	Learning from the Past: The FTC Bans Undisclosed History Sniffing It has been said that we must learn from the past to profit by the present. Taking this literally in this digital age of ours, one online advertising company has found this maxim to have some serious privacy implications as…more Behavioral Advertising, Browser History Sniffing, FTC	See All Updates »
Justin Alex	The ERISA Litigation Newsletter - May 2013 This month our articles focus on the availability of damages in complex ERISA class actions and withdrawal liability actions. Jackie Len first provides Proskauer's perspective on the implications for ERISA litigation arising out…more 403(b) Plans, Affordable Care Act, Class Action, Class Certification, Damages	See All Updates »
Julie Allen	The SEC Provides Guidance on the Use of Social Media for Public Company Disclosure On April 2, 2013, the Securities and Exchange Commission issued a "report of investigation" that provides important guidance for companies that wish to use social media outlets, such as Facebook and Twitter, to publicly disclose…more Facebook, Netflix, Public Disclosure, Reed Hastings, Regulation FD	See All Updates »
Ann Ashton	Delaware Supreme Court Issues Decision Upholding Collateral Estoppel in Shareholder Derivative Actions The Delaware Supreme Court issued a decision on April 4, 2013, in Pyott v. Louisiana Municipal Police Employees' Retirement System concerning duplicative shareholder derivative actions and the "race to the courthouse" that often…more Board of Directors, Collateral Estoppel, Derivative Suit, Full Faith and Credit, Pre-Suit Notice	See All Updates »
Erin Aures	Massachusetts Supreme Court Rules ZIP Codes Are Definitely “Personal Identification Information” In a recent ruling arising from certain certified questions in Tyler v. Michaels Stores, Inc., Civ. No. 11-10920-WGY (D. Mass. Jan. 6, 2012, the Massachusetts Supreme Court interpreted “personal identification information” under…more Credit Cards, Data Collection, Data Protection, Personally Identifiable Information, Retailers	See All Updates »
Noa Baddish	C.D. Cal. Greenlights SOX Claim, Analyzing Whether Scienter Must Be Shown Where Violation Of Internal Controls Is Alleged On April 24, 2013, the U.S. District Court for the Central District of California issued its final ruling that a SOX whistleblower complaint survived a Rule 12(b)(6) challenge. Zulfer v. Playboy Enterprises, Inc., No…more Anti-Retaliation Provisions, Internal Controls, Sarbanes-Oxley, Scienter, Whistleblowers	See All Updates »
Rebecca Barnes	Beware Deceptive Trademark Solicitations from Organizations Not Affiliated with the US Patent and Trademark Office Private organizations not affiliated with the United States Patent and Trademark Office (USPTO) often use the USPTO's publicly available trademark database to obtain applicant information, and then disseminate deceptive,…more Patents, Scams, Trademarks, USPTO	See All Updates »
Peta-Anne Barrow	A Month in UK Employment Law - April 2013 It has been a busy period for those involved in drafting employment legislation. In our January 2013 edition, we summarised various expected changes to employment law. Since then, these changes have been debated and…more Corporate Taxes, Enterprise and Regulatory Reform Act, EU, LLPs, Pensions	See All Updates »
Stacy H. Barrow	IRS Releases Guidance on Wellness Programs and “Affordability” under the Employer Mandate On May 3, 2013, the IRS released proposed regulations on certain provisions relating to the federal premium tax credits that eligible individuals will use to purchase subsidized health insurance coverage from public exchanges…more Affordable Care Act, Health Insurance Exchanges, Healthcare, IRS, Proposed Regulation	See All Updates »
John Barry	Third Circuit "Clarifies" Continuing Violation Doctrine In Mandel v. M & Q Packaging Corp., No. 11-3913, 2013 WL 141890 (3d Cir. Jan. 14, 2013), the U.S. Court of Appeals for the Third Circuit "clarified" the application of the continuing violation doctrine as defined by the U.S…more Appeals, Continuing Violation Doctrine, Discrimination, Hostile Environment, Laches	See All Updates »
Mark Batten	Second Circuit Mandates Arbitration For Title VII Class Action The editors wanted to share this analysis, by Proskauer’s Employment Litigation and Arbitration Group, of the Second Circuit’s interesting recent decision requiring a Title VII plaintiff, even in a class action, to arbitrate her…more Arbitration, Arbitration Agreements, Class Action, Discrimination, Federal Arbitration Act	See All Updates »
Alicia Batts	Federal Trade Commission Announces 2013 Threshold Revisions for HSR Act and for Clayton Act Section 8 Prohibition on Interlocking Directorates The Hart-Scott-Rodino Antitrust Improvements Act of 1976, commonly known as the HSR Act, requires parties to certain corporate transactions to notify the Federal Trade Commission and Department of Justice, and to observe a…more FTC, Hart-Scott-Rodino Act, Size of Persons Test, Size of Transaction Test, The Clayton Act	See All Updates »
Steven Bauer	Beware Deceptive Trademark Solicitations from Organizations Not Affiliated with the US Patent and Trademark Office Private organizations not affiliated with the United States Patent and Trademark Office (USPTO) often use the USPTO's publicly available trademark database to obtain applicant information, and then disseminate deceptive,…more Patents, Scams, Trademarks, USPTO	See All Updates »
Daniel J. Berger	New York Attorney General Issues Proposed Regulations to Require Nonprofits to Publicly Disclose Their Political Expenditures and Their Donors’ Identities New York Attorney General Eric T. Schneiderman has issued proposed regulations that would require many nonprofit organizations to annually disclose certain information about their political spending and their donors’ identities…more Disclosure Requirements, Donor Lists, Election Related Expenditures, Electioneering, Political Contributions	See All Updates »
Connie Bertram	NLRB’s General Counsel’s Division of Advice Issues Helpful Guidance on Banner Health Ban on Blanket Confidentiality Rules in Workplace Investigations As Proskauer previously reported here, in Banner Health System d/b/a Banner Estrella Medical Center, 358 NLRB No. 93 (July 30, 2012), the National Labor Relations Board (“NLRB”) reviewed an employer’s blanket policy of requiring…more Banner Health System, Confidential Employer Investigations, NLRA, NLRB, Protected Concerted Activity	See All Updates »
Martin Bienenstock	MNPI and NDAs: The Alphabet Soup of Getting Restricted Investors wanting to equip and position themselves to negotiate a debtor's restructuring may temporarily relinquish their ability to buy and sell securities in exchange for access to material nonpublic information ("MNPI"). This…more Commercial Bankruptcy, Creditors, Investors, Non-Disclosure Agreement, Restructuring	See All Updates »
Mark J. Biros	New Reporting Company Disclosure Requirements for Activities Relating to Iran On August 10, 2012, President Obama signed into law the Iran Threat Reduction and Syria Human Rights Act of 2012, or the TRA…more Iran Sanctions, Iran Threat Reduction and Syria Human Rights Act, Reporting Requirements, SEC	See All Updates »
Amy Blackwood	Kinetic Moves To Disqualify Counsel In False Claims Act Qui Tam Action For Improper Use Of Contractor’s Privileged Documents Arguing that relators’ counsel has retained and used, without authority, more than 800 of its attorney-client privileged and work product documents, Kinetic Concepts, Inc. (“KCI”) has asked the District Court for the Central…more Attorney-Client Privilege, Confidential Documents, False Claims Act, Qui Tam, Work Product Privilege	See All Updates »
Ryan Blaney	HHS Empowers Consumers to Know (and Enforce) their Rights Under HIPAA The U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) published on its website a series of factsheets designed to educate consumers unfamiliar with their rights under the Health Insurance…more Data Protection, Electronic Medical Records, HHS, HIPAA, OCR	See All Updates »
Gabrielle Blum	Agencies Issue Updated Summary of Benefits and Coverage On April 23rd, the DOL, HHS and IRS (the “Agencies”) released an updated template for the Summary of Benefits and Coverage (“SBC”) that group health plans and issuers are required to send to plan participants…more DOL, HHS, IRS, SBC	See All Updates »
Nicole Borofsky	International workplace dispute practices: key concepts for today’s global employers Increasingly, companies with operations or employees in more than one country are exposed to the risk of court proceedings in a foreign jurisdiction and the unfamiliar practices and procedures arising out of overseas litigation…more International Labor Laws	See All Updates »
Jamie Bowles	Internet Fundraising for Tax-Exempt Organizations The IRS recently released an Information Letter, written in response to a congressman’s inquiry about an unidentified charity’s unidentified practices, confirming that Section 501(c)(3) organizations may use the internet to…more Charitable Donations, Fundraisers, Internet, IRS, Tax Exemptions	See All Updates »
Harold Brody	California Employment Law Notes - January 2013 In This Issue: - $1.347 Million Award To Former General Counsel For Breach Of Implied Contract Is Upheld - Faigin v. Signature Group Holdings, Inc., 211 Cal. App. 4th 726 (2012) - $114,000 Pregnancy Discrimination…more Breach of Implied Contract, Class Action, Class Certification, Disability, Discrimination	See All Updates »
Anthony Cacace	The ERISA Litigation Newsletter - May 2013 This month our articles focus on the availability of damages in complex ERISA class actions and withdrawal liability actions. Jackie Len first provides Proskauer's perspective on the implications for ERISA litigation arising out…more 403(b) Plans, Affordable Care Act, Class Action, Class Certification, Damages	See All Updates »
Joseph Capraro Jr	Beware Deceptive Trademark Solicitations from Organizations Not Affiliated with the US Patent and Trademark Office Private organizations not affiliated with the United States Patent and Trademark Office (USPTO) often use the USPTO's publicly available trademark database to obtain applicant information, and then disseminate deceptive,…more Patents, Scams, Trademarks, USPTO	See All Updates »
Peter Castellon	The SEC Provides Guidance on the Use of Social Media for Public Company Disclosure On April 2, 2013, the Securities and Exchange Commission issued a "report of investigation" that provides important guidance for companies that wish to use social media outlets, such as Facebook and Twitter, to publicly disclose…more Facebook, Netflix, Public Disclosure, Reed Hastings, Regulation FD	See All Updates »
Benjamin J. Catalano	SEC Rule 15a-6 Enforcement Last week the Securities and Exchange Commission ("SEC") charged four India-based financial services firms for providing brokerage services to U.S. institutional investors without operating under a 15a-6 chaperoning agreement or…more Issuer Exemption, Rule 15a-6, SEC	See All Updates »
Stacey Cerrone	The ERISA Litigation Newsletter - April 2013 Editor's Overview - The importance of clear and unambiguous plan language cannot be overstated. The Second Circuit recently applied this well-established principle to conclude that a plan's administrative claims process must…more Benefit Plan Sponsors, Claim Procedures, ERISA, Pensions	See All Updates »
Roberta Chevlowe	Proskauer’s DOMA Task Force Proskauer’s Employee Benefits Practice Center’s DOMA Task Force, which is comprised of lawyers from our offices nationwide, regularly advises employers and other plan sponsors on the myriad benefits issues that arise in the…more DOMA, Same-Sex Marriage	See All Updates »
Lloyd B. Chinn	Tyco Seeks En Banc Review of Controversial Third Circuit Wiest v. Lynch Decision Tyco Electronics Corporation filed a Petition for Rehearing En Banc with the Third Circuit on April 2, 2013 asking the court to reconsider its March 19 decision in Wiest v. Lynch, No. 11-cv-4257, 2013 U.S. App. LEXIS 5345 (3d…more Sarbanes-Oxley, Tyco, Whistleblowers, Wiest v Lynch	See All Updates »
Wai Choy	SEC Has Conditional “Like” for Social Media Disclosures by Securities Issuers—A Reason to Reevaluate Electronic Communications Policies and Practices The U.S. Securities and Exchange Commission gave disclosures made through social media platforms such as Facebook and Twitter a conditional “thumbs up” in a Report of Investigation it released on April 2, 2013. Issuers of…more Facebook, Netflix, Public Disclosure, Reed Hastings, Regulation FD	See All Updates »
Joseph Clark	State Senate Committee Considers Flexible Work Scheduling Bill California State Sen. Tom Berryhill (R-Modesto) recently introduced Senate Bill 607, reviving efforts to permit employers and employees to agree on flexible work schedules, such as four 10-hour days per week. Unionized…more Over-Time, Proposed Legislation, Unions, Work Schedules	See All Updates »
Hallie Cohen	USCIS Reaches FY 2014 H-1B Cap USCIS has announced that the H-1B Cap for FY 2014 has been reached and a lottery will conducted for H-1B cap petitions received between April 1 and April 5, 2013. USCIS issued the following statement..…more H-1B, USCIS, Visa Caps, Visas	See All Updates »
Nancy Sher Cohen	California Governor Proposes Reforms to Proposition 65, Seeks To Prevent Abuse of Statute by "Unscrupulous Lawyers" California Governor Edmund Brown has added his voice to a number of California legislators calling for an overhaul of the state's Safe Drinking Water and Toxic Enforcement Act of 1986 – better known as Proposition 65 (the number…more Jerry Brown, Proposition 65	See All Updates »
Roger Cohen	HHS Issues HIPAA/HITECH Omnibus Final Rule Ushering in Significant Changes to Existing Regulations "Sweeping changes" is how Leon Rodriquez, of the Department of Health and Human Services Office of Civil Rights (OCR), characterized the effect of the final omnibus Health Insurance Portability and Accountability Act (HIPAA)…more Business Associates, Data Protection, HHS, HIPAA, HIPAA Omnibus Rule	See All Updates »
Mary Consalvi	Beware Deceptive Trademark Solicitations from Organizations Not Affiliated with the US Patent and Trademark Office Private organizations not affiliated with the United States Patent and Trademark Office (USPTO) often use the USPTO's publicly available trademark database to obtain applicant information, and then disseminate deceptive,…more Patents, Scams, Trademarks, USPTO	See All Updates »
Amy Covert	The ERISA Litigation Newsletter - April 2013 Editor's Overview - The importance of clear and unambiguous plan language cannot be overstated. The Second Circuit recently applied this well-established principle to conclude that a plan's administrative claims process must…more Benefit Plan Sponsors, Claim Procedures, ERISA, Pensions	See All Updates »
Amy Crafts	Massachusetts AGO Enters Into Another Settlement For Data Security Violations For the fourth time since the Massachusetts data security regulations took effect in March 2010, the Massachusetts Attorney General’s Office (“AGO”) has settled allegations that Massachusetts-based entities violated the…more Data Protection, Goldthwait Associates, Medical Records, Patient Confidentiality Breaches, Personally Identifiable Information	See All Updates »
Doughlas Dahl	The ERISA Litigation Newsletter - May 2013 This month our articles focus on the availability of damages in complex ERISA class actions and withdrawal liability actions. Jackie Len first provides Proskauer's perspective on the implications for ERISA litigation arising out…more 403(b) Plans, Affordable Care Act, Class Action, Class Certification, Damages	See All Updates »
Daniel Davis	Will E-Verify Become Mandatory for All Employers? It Will if the Comprehensive Immigration Reform Bill Passes A critical component of the Comprehensive Immigration Reform package, put together by the so-called “Gang of Eight,” is a provision that would require all employers to participate in the E-Verify program…more E-Verify, I-9, Immigration Reform	See All Updates »
Bridgit M. DePietto	The ERISA Litigation Newsletter - December 2012 In This Issue: - Editors' Overview - Supreme Court Revisits Meaning of 'Appropriate Equitable Relief' in US Airways v. McCutchen - Rulings, Filings, and Settlements of Interest …more Appropriate Equitable Relief, Employer Group Health Plans, ERISA, Exhaustion Doctrine, Medical Reimbursement	See All Updates »
Enzo Der Boghossian	California Employment Law Notes - January 2013 In This Issue: - $1.347 Million Award To Former General Counsel For Breach Of Implied Contract Is Upheld - Faigin v. Signature Group Holdings, Inc., 211 Cal. App. 4th 726 (2012) - $114,000 Pregnancy Discrimination…more Breach of Implied Contract, Class Action, Class Certification, Disability, Discrimination	See All Updates »
Bradley Dillon	A Full Plate for the IRS: IRS Releases 2012 Exempt Organizations 2012 Annual Report and 2013 Workplan At the end of January, 2013, the IRS Exempt Organizations Group (“EO”) released its annual report, highlighting EO’s 2012 accomplishments and outlining its priorities for 2013. This year’s report was significantly more detailed…more Affordable Care Act, Charitable Organizations, Colleges, Community Foundations, Compliance	See All Updates »
Tanya Dmitronow	Delaware Supreme Court Issues Decision Upholding Collateral Estoppel in Shareholder Derivative Actions The Delaware Supreme Court issued a decision on April 4, 2013, in Pyott v. Louisiana Municipal Police Employees' Retirement System concerning duplicative shareholder derivative actions and the "race to the courthouse" that often…more Board of Directors, Collateral Estoppel, Derivative Suit, Full Faith and Credit, Pre-Suit Notice	See All Updates »
Monte Dube	Placing Limits on the State Action Doctrine, the Supreme Court Subjects Local Government Hospitals to Scrutiny under the Antitrust Laws Recent major regulatory and technological developments have brought forth historic changes to the health care market. Health care providers have responded to these developments in several ways. One such mechanism, hospital…more FTC, FTC v. Phoebe Putney Health System, Hospital Mergers, Hospitals, Immunity	See All Updates »
Nicole Eichberger	The ERISA Litigation Newsletter - January 2013 In This Issue: - Editors' Overview - The Future Role of Experts in ERISA Class - View from Proskauer: Health Insurance Exchanges and Retiree Medical Exits--Five Ways To Make Sure It's Really a "Soft…more Affordable Care Act, Class Action, Class Certification, Employee Benefits, ERISA	See All Updates »
Wanda L. Ellert	New Jersey Department of Labor Proposes Rules to Implement New Pay Equality Poster and Notice Requirements On September 19, 2012, New Jersey Governor Chris Christie signed a law requiring employers in the State of New Jersey with more than 50 employees to post and distribute notification to employees detailing "the right to be free…more Discrimination, EEOC, Equal Pay, Gender Discrimination, Gender Pay Equity	See All Updates »
Emily Erstling	American Taxpayer Relief Act Affects Mass Transit Benefits and Other Employee Benefits On January 2, 2013, President Obama signed the American Taxpayer Relief Act of 2012 (“ATRA”) into law. ATRA, adopted as an alternative to stepping over the “fiscal cliff,” preserves most of the Bush-era tax cuts and reinstates…more	See All Updates »
Tracey Fagelbaum	Employee Was Properly Terminated For Lying And Failing To Cooperate During Company Investigation John McGrory sued his former employer, alleging he was unlawfully retaliated against for being uncooperative and deceptive during a company investigation into allegations that he had discriminated against a subordinate employee…more Applied Signal Tech, Discrimination, Gender Discrimination, Hiring & Firing, Internal Investigations	See All Updates »
John Failla	Illinois Appellate Court Examines Number of Occurrences and Limits Application of Time-and-Space Test On January 11, 2013, the Illinois Appellate Court for the First District in Chicago issued an important decision concerning the test for the number of occurrences under an insurance policy…more Cause Theory, Number of Occurences, Time and Space Test	See All Updates »
Peter Fass	The SEC Provides Guidance on the Use of Social Media for Public Company Disclosure On April 2, 2013, the Securities and Exchange Commission issued a "report of investigation" that provides important guidance for companies that wish to use social media outlets, such as Facebook and Twitter, to publicly disclose…more Facebook, Netflix, Public Disclosure, Reed Hastings, Regulation FD	See All Updates »
Scott Faust	DC Circuit Court of Appeals Invalidates NLRB Rights Poster Holding Regulation Violates NLRA A federal appeals court has rebuffed the NLRB's attempt to require employers to post in a "conspicuous" place in a workplace a poster that informs employees of their rights under the National Labor Relations Act. The NLRB's rule…more Free Speech, NLRA, NLRB, Notice Requirements, Posting Requirements	See All Updates »
Tzvia Feiertag	Fully-Insured Expatriate Health Plans Get Extra Time to Comply with PPACA Recognizing that expatriate group health plans may find it impossible, or nearly impossible, to comply with all of the relevant provisions of the Patient Protection and Affordable Care Act of 2010 (PPACA), the U.S. Labor…more Affordable Care Act, Expatriates, Health Insurance, Healthcare, HHS	See All Updates »
Ralph Ferrara	Delaware Supreme Court Issues Decision Upholding Collateral Estoppel in Shareholder Derivative Actions The Delaware Supreme Court issued a decision on April 4, 2013, in Pyott v. Louisiana Municipal Police Employees' Retirement System concerning duplicative shareholder derivative actions and the "race to the courthouse" that often…more Board of Directors, Collateral Estoppel, Derivative Suit, Full Faith and Credit, Pre-Suit Notice	See All Updates »
Jacquelyn Ferry	California Supreme Court Rules On Mixed Motive Defense To Discrimination Claims, But Large Verdicts Persist… Wynona Harris, a bus driver for the City of Santa Monica (the City), alleged that she was fired because of her pregnancy in violation of the prohibition against sex discrimination under the Fair Employment and Housing Act…more Appeals, Compensatory Damages, Discrimination, FEHA, Mixed Motive Cases	See All Updates »
Rachel Fischer	Recent Multi-Million Dollar Whistleblower Jury Awards — A Wake-Up Call For Employers In what might be an unsettling trend for employers, juries in Philadelphia and Anchorage have recently issued multi-million dollar jury awards in favor of whistleblowers. Specifically, on March 22, 2013, a Philadelphia Common…more Damages, False Claims Act, Jury Awards, Protected Activity, Whistleblower Protection Policies	See All Updates »
Robert Freeman	Three Point Shot - March 2013 In this Issue: - Reversal of Fishy Court Opinion Gives Boat Crew Another Chance to Reel in a Million-Dollar Prize - Don’t Eat the Yellow Snow - Grades for Football Prospects Copyrightable, But Sports Writer Not…more Athletes, Copyright, Fishing Industry, Licenses, NFL	See All Updates »
Jacob Friedman	IRS Issues Wake Up Call to Colleges and Universities — Congress to Hold Hearings The IRS released its Final Report on its five year study of the audit results of colleges and universities. Lois G. Lerner, Director of the Exempt Organizations division of the IRS announced the “long awaited” posting of the…more Colleges, Executive Compensation, Exempt Organizations, IRS, Universities	See All Updates »
Kathleen E. Gerber	Proposed Legislation Would Require Nonprofit Organizations Participating in California Political Campaigns to Disclose the Identity of Their Donors Two new bills recently introduced in the California State Legislature would increase the disclosure requirements applicable to certain nonprofit organizations participating in California political campaigns and would strengthen…more Disclosure Requirements, Donor Lists, Political Contributions	See All Updates »
Steven Gilford	Illinois Appellate Court Examines Number of Occurrences and Limits Application of Time-and-Space Test On January 11, 2013, the Illinois Appellate Court for the First District in Chicago issued an important decision concerning the test for the number of occurrences under an insurance policy…more Cause Theory, Number of Occurences, Time and Space Test	See All Updates »
Sarah Gold	Delaware Supreme Court Issues Decision Upholding Collateral Estoppel in Shareholder Derivative Actions The Delaware Supreme Court issued a decision on April 4, 2013, in Pyott v. Louisiana Municipal Police Employees' Retirement System concerning duplicative shareholder derivative actions and the "race to the courthouse" that often…more Board of Directors, Collateral Estoppel, Derivative Suit, Full Faith and Credit, Pre-Suit Notice	See All Updates »
Jessica Goldenberg	Protecting Privacy or Enabling Fraud? Employee Social Media Password Protection Laws May Clash with FINRA Rules As a growing number of states pass legislation which will protect individuals’ social media accounts from employer scrutiny, they have encountered a surprising adversary – FINRA and other securities regulators…more Conflicts of Laws, Facebook, FINRA, Fraud, Hiring & Firing	See All Updates »
Herschel Goldfield	OIG Issues Special Fraud Alert on Business Arrangements with Physician-Owned Entities On March 26, the HHS Office of Inspector General (OIG) issued a Special Fraud Alert (Fraud Alert) reiterating its long-standing concern that the opportunity for a referring physician to earn a profit by investing in a venture…more Anti-Kickback Statute, Fraud, Healthcare, Joint Venture, Medical Devices	See All Updates »
Michael Graham	Federal Sick Leave Law Reintroduced to Congress On March 20, 2013, Senator Tom Harkin (D-Iowa) and Representative Rosa DeLauro (D-Conn.) reintroduced the Healthy Families Act (“the Act”) to the United States Senate (S. 631) and House of Representative (bill number not yet…more Healthy Families Act, Paid Leave, Sick Leave	See All Updates »
Carolyn Doppelt Gray	OFCCP Directive Adopts EEOC Guidance and Outlines New Procedures and Existing Legal Obligations Regarding Criminal Background Checks On January 29, 2013, the Office of Federal Contract Compliance Programs ("OFCCP") adopted the Equal Employment Opportunity Commission's ("EEOC") April 25, 2012 Guidance regarding the use of criminal records in employment…more Criminal Background Checks, Discrimination, EEOC, FCRA, Hiring & Firing	See All Updates »
Keisha-Ann Gray	Second Circuit Orders Arbitration and Reverses District Court’s Decision in Parisi v. Goldman, Sachs & Co., Finding No Substantive Statutory Right To Pursue a Pattern or Practice Claim under Title VII On March 21, 2013, the Second Circuit issued its highly-anticipated decision enforcing an arbitration clause and holding that a Title VII plaintiff does not have a substantive right to proceed on a class-wide basis in…more Arbitration, Arbitration Agreements, Class Action, Discrimination, Gender Discrimination	See All Updates »
Page W. Griffin	The ERISA Litigation Newsletter - March 2013 In this Issue: - Editor's Overview - Risk of Addiction Relapse May Entitle Plan Participants to Disability Benefits - Rulings, Filings, and Settlements of Interest …more Disability, Disability Insurance, Drug & Alcohol Abuse, ERISA, Fiduciary Duty	See All Updates »
Allana Grinshteyn	ARB Says Equitable Modification of SOX Statute of Limitations Saves Untimely Complaint On March 29, 2013, the Department of Labor’s Administrative Review Board (“ARB”) ruled that a “standstill” agreement between an employer and employee that required both parties to provide notice before initiating legal…more Administrative Review Board, DOL, Equitable Modification, Sarbanes-Oxley, Standstill Agreements	See All Updates »
David Grunblatt	USCIS Reaches FY 2014 H-1B Cap USCIS has announced that the H-1B Cap for FY 2014 has been reached and a lottery will conducted for H-1B cap petitions received between April 1 and April 5, 2013. USCIS issued the following statement..…more H-1B, USCIS, Visa Caps, Visas	See All Updates »
Paul M. Hamburger	American Taxpayer Relief Act Affects Mass Transit Benefits and Other Employee Benefits On January 2, 2013, President Obama signed the American Taxpayer Relief Act of 2012 (“ATRA”) into law. ATRA, adopted as an alternative to stepping over the “fiscal cliff,” preserves most of the Bush-era tax cuts and reinstates…more	See All Updates »
Malcolm Harkins, III	OIG Issues Special Fraud Alert on Business Arrangements with Physician-Owned Entities On March 26, the HHS Office of Inspector General (OIG) issued a Special Fraud Alert (Fraud Alert) reiterating its long-standing concern that the opportunity for a referring physician to earn a profit by investing in a venture…more Anti-Kickback Statute, Fraud, Healthcare, Joint Venture, Medical Devices	See All Updates »
Lisa Berkowitz Herrnson	The ERISA Litigation Newsletter - May 2013 This month our articles focus on the availability of damages in complex ERISA class actions and withdrawal liability actions. Jackie Len first provides Proskauer's perspective on the implications for ERISA litigation arising out…more 403(b) Plans, Affordable Care Act, Class Action, Class Certification, Damages	See All Updates »
Jonathan Hershberg	Fifth Circuit: No Fee Shifting For Title VII Mixed-Motive Retaliation Claims On April 3, 2013, the Fifth Circuit affirmed a ruling from the U.S. District Court for the Northern District of Texas that a plaintiff was not entitled to attorney’s fees and costs under Title VII (42 U.S.C. § 2000 e-5(g)) where…more Discrimination, Fee-Shifting Statutes, Harassment, Mixed Motive Cases, Retaliation	See All Updates »
Russell Hirschhorn	U.S. Supreme Court Rules That Plan Terms Trump Equitable Defenses Today, the U.S. Supreme Court issued its ruling in U.S. Airways, Inc. v. McCutchen in which the Court unanimously ruled that a clearly drafted reimbursement clause will trump all equitable defenses…more McCutchen v. U.S. Airways, Reimbursements, SCOTUS, US Airways	See All Updates »
Jeffrey Horwitz	Hong Kong – Applying Securities Laws to Sales of Hotel Units In a move that represents a first in Hong Kong, one of the territory's largest listed property developers, Cheung Kong (Holdings) Limited and certain of its subsidiaries have entered into an agreement with the Securities and…more Hong Kong Securities and Futures Commission, Hotels, REIT	See All Updates »
Steven Hurd	Second Circuit Orders Arbitration and Reverses District Court’s Decision in Parisi v. Goldman, Sachs & Co., Finding No Substantive Statutory Right To Pursue a Pattern or Practice Claim under Title VII On March 21, 2013, the Second Circuit issued its highly-anticipated decision enforcing an arbitration clause and holding that a Title VII plaintiff does not have a substantive right to proceed on a class-wide basis in…more Arbitration, Arbitration Agreements, Class Action, Discrimination, Gender Discrimination	See All Updates »
Vincent Indelicato	MNPI and NDAs: The Alphabet Soup of Getting Restricted Investors wanting to equip and position themselves to negotiate a debtor's restructuring may temporarily relinquish their ability to buy and sell securities in exchange for access to material nonpublic information ("MNPI"). This…more Commercial Bankruptcy, Creditors, Investors, Non-Disclosure Agreement, Restructuring	See All Updates »
John Ingrassia	Federal Trade Commission Announces 2013 Threshold Revisions for HSR Act and for Clayton Act Section 8 Prohibition on Interlocking Directorates The Hart-Scott-Rodino Antitrust Improvements Act of 1976, commonly known as the HSR Act, requires parties to certain corporate transactions to notify the Federal Trade Commission and Department of Justice, and to observe a…more FTC, Hart-Scott-Rodino Act, Size of Persons Test, Size of Transaction Test, The Clayton Act	See All Updates »
Helene Jaffe	Placing Limits on the State Action Doctrine, the Supreme Court Subjects Local Government Hospitals to Scrutiny under the Antitrust Laws Recent major regulatory and technological developments have brought forth historic changes to the health care market. Health care providers have responded to these developments in several ways. One such mechanism, hospital…more FTC, FTC v. Phoebe Putney Health System, Hospital Mergers, Hospitals, Immunity	See All Updates »
Colin Kass	Federal Trade Commission Announces 2013 Threshold Revisions for HSR Act and for Clayton Act Section 8 Prohibition on Interlocking Directorates The Hart-Scott-Rodino Antitrust Improvements Act of 1976, commonly known as the HSR Act, requires parties to certain corporate transactions to notify the Federal Trade Commission and Department of Justice, and to observe a…more FTC, Hart-Scott-Rodino Act, Size of Persons Test, Size of Transaction Test, The Clayton Act	See All Updates »
Kevin Khurana	California Attorney General Issues Recommendations for Mobile Ecosystem Stakeholders Ever on the forefront of consumer privacy protection, California is again making news in the privacy world with the California Attorney General’s recent publication of “Privacy on the Go..…more Data Collection, Mobile Ad Networks, Mobile Apps, Mobile Devices, Privacy on the Go	See All Updates »
Edward Kornreich	OIG Issues Special Fraud Alert on Business Arrangements with Physician-Owned Entities On March 26, the HHS Office of Inspector General (OIG) issued a Special Fraud Alert (Fraud Alert) reiterating its long-standing concern that the opportunity for a referring physician to earn a profit by investing in a venture…more Anti-Kickback Statute, Fraud, Healthcare, Joint Venture, Medical Devices	See All Updates »
Rhett Krulla	Federal Trade Commission Announces 2013 Threshold Revisions for HSR Act and for Clayton Act Section 8 Prohibition on Interlocking Directorates The Hart-Scott-Rodino Antitrust Improvements Act of 1976, commonly known as the HSR Act, requires parties to certain corporate transactions to notify the Federal Trade Commission and Department of Justice, and to observe a…more FTC, Hart-Scott-Rodino Act, Size of Persons Test, Size of Transaction Test, The Clayton Act	See All Updates »
Alan Kusinitz	Clearance: Proskauer's Quarterly Antitrust Update - Winter 2013 In This Issue: - Watson and Reverse Payments: An Opportunity to Resolve the Competing Tension Between Antitrust and Patent Law Under the Hatch-Waxman Act - Judge Posner on the Limits of the Per Se Rule against Price…more	See All Updates »
Patrick Lamparello	FINRA: The FAA Requires Enforcement of Judicial Class Action Waiver in Pre-Dispute Arbitration Agreement But Does Not Preempt FINRA Rules Permitting Consolidation of Multiple Parties' Claims On February 21, 2013, the Financial Industry Regulatory Authority (FINRA) issued a written decision finding that the Federal Arbitration Act (FAA) bars FINRA from enforcing FINRA Rules intended to preserve judicial class actions…more Arbitration, Case Consolidation, Class Action, Federal Arbitration Act, FINRA	See All Updates »
Paul Langer	Illinois Appellate Court Examines Number of Occurrences and Limits Application of Time-and-Space Test On January 11, 2013, the Illinois Appellate Court for the First District in Chicago issued an important decision concerning the test for the number of occurrences under an insurance policy…more Cause Theory, Number of Occurences, Time and Space Test	See All Updates »
Marianne Le Moullec	Six European Data Protection Authorities Will Launch Legal Actions against Google Stemming from its Privacy Policy The French, Italian, British, German, Spanish and Dutch Data Protection Authorities announced on April 2, 2013 that each will launch investigations and enforcement actions against Google on the grounds that its privacy policy is…more Data Protection, EU, EU Data Protection Laws, Google	See All Updates »
Michael Lebowich	DC Circuit Court of Appeals Invalidates NLRB Rights Poster Holding Regulation Violates NLRA A federal appeals court has rebuffed the NLRB's attempt to require employers to post in a "conspicuous" place in a workplace a poster that informs employees of their rights under the National Labor Relations Act. The NLRB's rule…more Free Speech, NLRA, NLRB, Notice Requirements, Posting Requirements	See All Updates »
Shawn Ledingham, Jr	California Governor Proposes Reforms to Proposition 65, Seeks To Prevent Abuse of Statute by "Unscrupulous Lawyers" California Governor Edmund Brown has added his voice to a number of California legislators calling for an overhaul of the state's Safe Drinking Water and Toxic Enforcement Act of 1986 – better known as Proposition 65 (the number…more Jerry Brown, Proposition 65	See All Updates »
Fredric Leffler	EEOC's First GINA Suit Serves As Reminder of Pre-Employment Exam Pitfall On May 7, 2013, the U.S. Equal Employment Opportunity Commission ("EEOC") reached a milestone of sorts as it filed – and then settled – its first complaint ever alleging genetic discrimination under the Genetic Information…more	See All Updates »
Jeremy Leifer	Hong Kong – Applying Securities Laws to Sales of Hotel Units In a move that represents a first in Hong Kong, one of the territory's largest listed property developers, Cheung Kong (Holdings) Limited and certain of its subsidiaries have entered into an agreement with the Securities and…more Hong Kong Securities and Futures Commission, Hotels, REIT	See All Updates »
Jacklina Len	The ERISA Litigation Newsletter - May 2013 This month our articles focus on the availability of damages in complex ERISA class actions and withdrawal liability actions. Jackie Len first provides Proskauer's perspective on the implications for ERISA litigation arising out…more 403(b) Plans, Affordable Care Act, Class Action, Class Certification, Damages	See All Updates »
Kailing Li	New Reporting Company Disclosure Requirements for Activities Relating to Iran On August 10, 2012, President Obama signed into law the Iran Threat Reduction and Syria Human Rights Act of 2012, or the TRA…more Iran Sanctions, Iran Threat Reduction and Syria Human Rights Act, Reporting Requirements, SEC	See All Updates »
Ying Li	International workplace dispute practices: key concepts for today’s global employers Increasingly, companies with operations or employees in more than one country are exposed to the risk of court proceedings in a foreign jurisdiction and the unfamiliar practices and procedures arising out of overseas litigation…more International Labor Laws	See All Updates »
Kara L. Lincoln	District Court Permits ERISA Claim for Benefits of IRO Review, Holding Such Review Is Not an Arbitration In Yox v. Providence Health Plan, No. 12–cv–01348, 2013 WL 865968 (D. Or. Mar. 8, 2013), a federal district court held that the review of benefit denials by an independent review organization (IRO) is not akin to an arbitration…more Arbitration, Denial of Benefits, ERISA, Independent Review Organization	See All Updates »
Erica Loomba	USCIS Reaches FY 2014 H-1B Cap USCIS has announced that the H-1B Cap for FY 2014 has been reached and a lottery will conducted for H-1B cap petitions received between April 1 and April 5, 2013. USCIS issued the following statement..…more H-1B, USCIS, Visa Caps, Visas	See All Updates »
Lawrence Lorber	Employment Non-Discrimination Act Introduced Again The Employment Non-Discrimination Act (“ENDA”) was introduced on April 25 as S-815. A companion bill HR 1755 was introduced in the House. The legislation prohibits employment discrimination on the basis of sexual orientation…more Disparate Impact, EEOC, ENDA, Sexual Orientation, Sexual Orientation Discrimination	See All Updates »
Bradley Lorden	Illinois Appellate Court Examines Number of Occurrences and Limits Application of Time-and-Space Test On January 11, 2013, the Illinois Appellate Court for the First District in Chicago issued an important decision concerning the test for the number of occurrences under an insurance policy…more Cause Theory, Number of Occurences, Time and Space Test	See All Updates »
Charley Lozada	The SEC and CFTC Adopt Identity Theft Red Flag Rules The Securities and Exchange Commission (the “SEC”) and Commodity Futures Trading Commission (the “CFTC”) recently adopted rules requiring entities subject to their respective enforcement authorities to adopt and implement…more Broker-Dealer, CFTC, Commodity Trading Advisers, CPO, Dodd-Frank	See All Updates »
Adam Lupion	FINRA: The FAA Requires Enforcement of Judicial Class Action Waiver in Pre-Dispute Arbitration Agreement But Does Not Preempt FINRA Rules Permitting Consolidation of Multiple Parties' Claims On February 21, 2013, the Financial Industry Regulatory Authority (FINRA) issued a written decision finding that the Federal Arbitration Act (FAA) bars FINRA from enforcing FINRA Rules intended to preserve judicial class actions…more Arbitration, Case Consolidation, Class Action, Federal Arbitration Act, FINRA	See All Updates »
Sigal Mandelker	DOJ Recovers Up To $48 Million in False Claim Act Case Resulting From Whistleblower Report In yet another large recovery for the DOJ, on December 6, 2012, DFB Pharmaceuticals, and its subsidiary, Healthpoint Ltd., agreed as part of a settlement to pay up to $48 million to resolve allegations that Healthpoint caused…more DOJ, False Claims Act, Medicaid, Medicare, Pharmaceutical	See All Updates »
Marc Mandelman	EEOC's First GINA Suit Serves As Reminder of Pre-Employment Exam Pitfall On May 7, 2013, the U.S. Equal Employment Opportunity Commission ("EEOC") reached a milestone of sorts as it filed – and then settled – its first complaint ever alleging genetic discrimination under the Genetic Information…more	See All Updates »
Peter J. Marathas Jr	IRS Releases Guidance For Employers and Others on the 2013 Medicare Taxes under the Affordable Care Act On November 30, 2012, the Internal Revenue Service ("IRS") released proposed regulations and two sets of frequently asked questions implementing two new Medicare taxes under the Patient Protection and Affordable Care Act ("ACA")…more 3.8% Medicare Tax, Affordable Care Act, FICA Tax Rate, FICA Taxes, Medicare Taxes	See All Updates »
Lucas Markowitz	BNSF & OSHA Reach Significant Whistleblower-Related Accord In January 2013, after over 30 FRSA complaints were lodged by BNSF Railway Company (BNSF) employees, OSHA and BNSF reached an agreement (Accord), where BNSF agreed to modify certain policies and practices alleged to interfere…more Accord, Federal Railroad Safety Act, OSHA, Railways, Safety Violations	See All Updates »
Cecile Martin	Navigating the Patchwork: When Is European Data Privacy Law Applicable to US Companies? Are social media companies based in the United States subject to European data privacy laws? Two recent judicial decisions – one in France and the other in Germany – arrived at different answers. The Civil Court of Paris held…more EU, EU Data Protection Laws, Facebook, Privacy Laws, Social Media	See All Updates »
Jean-Baptiste Martin	International workplace dispute practices: key concepts for today’s global employers Increasingly, companies with operations or employees in more than one country are exposed to the risk of court proceedings in a foreign jurisdiction and the unfamiliar practices and procedures arising out of overseas litigation…more International Labor Laws	See All Updates »
Gregg Mashberg	Delaware Supreme Court Issues Decision Upholding Collateral Estoppel in Shareholder Derivative Actions The Delaware Supreme Court issued a decision on April 4, 2013, in Pyott v. Louisiana Municipal Police Employees' Retirement System concerning duplicative shareholder derivative actions and the "race to the courthouse" that often…more Board of Directors, Collateral Estoppel, Derivative Suit, Full Faith and Credit, Pre-Suit Notice	See All Updates »
Kristen Mathews	HHS Issues HIPAA/HITECH Omnibus Final Rule Ushering in Significant Changes to Existing Regulations "Sweeping changes" is how Leon Rodriquez, of the Department of Health and Human Services Office of Civil Rights (OCR), characterized the effect of the final omnibus Health Insurance Portability and Accountability Act (HIPAA)…more Business Associates, Data Protection, HHS, HIPAA, HIPAA Omnibus Rule	See All Updates »
Kathleen McKenna	Second Circuit Orders Arbitration and Reverses District Court’s Decision in Parisi v. Goldman, Sachs & Co., Finding No Substantive Statutory Right To Pursue a Pattern or Practice Claim under Title VII On March 21, 2013, the Second Circuit issued its highly-anticipated decision enforcing an arbitration clause and holding that a Title VII plaintiff does not have a substantive right to proceed on a class-wide basis in…more Arbitration, Arbitration Agreements, Class Action, Discrimination, Gender Discrimination	See All Updates »
Valarie McPherson	USCIS Reaches FY 2014 H-1B Cap USCIS has announced that the H-1B Cap for FY 2014 has been reached and a lottery will conducted for H-1B cap petitions received between April 1 and April 5, 2013. USCIS issued the following statement..…more H-1B, USCIS, Visa Caps, Visas	See All Updates »
Ronald Meisburg	No Surprises in Senate Committee Hearing on NLRB Nominees There were no real surprises at today’s Senate HELP Committee’s hearing on President Obama’s five NLRB member nominees. The Senate Committee members agreed that the nominees were well qualified for the jobs, and thanked them for…more NLRB, Nominations	See All Updates »
Andrew Merten	New York State Agencies Again Revise Proposed Regulations Limiting Use of State Funds for Administrative Expenses and Executive Compensation by Service Providers as of July 1, 2013 Implementing Executive Order 38 issued by Governor Cuomo early in 2012, thirteen New York State agencies have again released revised proposed regulations placing a limit on the funds that can be used for administrative expenses…more Administrative Expenses, Board of Directors, Compliance, Executive Compensation, Proposed Regulation	See All Updates »
Elizabeth Mills	OIG Issues Special Fraud Alert on Business Arrangements with Physician-Owned Entities On March 26, the HHS Office of Inspector General (OIG) issued a Special Fraud Alert (Fraud Alert) reiterating its long-standing concern that the opportunity for a referring physician to earn a profit by investing in a venture…more Anti-Kickback Statute, Fraud, Healthcare, Joint Venture, Medical Devices	See All Updates »
Jeremy M. Mittman	FTC Revamps COPPA Rule Two and a half years after initiating a review of the Children’s Online Privacy Protection Rule (the “Rule”), the Federal Trade Commission (FTC) announced on December 19, 2012 that the Rule will be amended to clarify perceived…more Applications, Consent, COPPA, Cybersecurity, Data Collection	See All Updates »
Ellen Moskowitz	OIG Issues Special Fraud Alert on Business Arrangements with Physician-Owned Entities On March 26, the HHS Office of Inspector General (OIG) issued a Special Fraud Alert (Fraud Alert) reiterating its long-standing concern that the opportunity for a referring physician to earn a profit by investing in a venture…more Anti-Kickback Statute, Fraud, Healthcare, Joint Venture, Medical Devices	See All Updates »
Maggie Mouradian	Wealth Management Update - May 2013 The May § 7520 rate for use with estate planning techniques such as CRTs, CLTs, QPRTs and GRATs is 1.2%, which is a slight decrease from April's rate of 1.4%. The applicable federal rate ("AFR") for use with a sale to a…more AFR, DING Trusts, GST, Interest Rates, IRS	See All Updates »
Harris M. Mufson	Law360 Quotes Steve Pearlman on Keeping Whistleblower Complaints In-House In a Law360 article (subscription required), Steve Pearlman, co-head of Proskauer’s Whistleblowing & Retaliation Group, offered ways for companies to minimize their potential whistleblower liability…more Compliance, Human Resources Professionals, Retaliation, Risk Management, Whistleblowers	See All Updates »
David Munkittrick	FTC Issues Recommendations on Mobile Data Disclosures, Urges Mobile Industry To Act Data use and sharing disclosures on mobile devices need work, the FTC said in a staff report released last week. The report recommends ways that actors in the mobile marketplace—such as mobile operating system providers,…more Advertising, App Developers, Dashboard, Data Collection, FTC	See All Updates »
James R. Napoli	The ERISA Litigation Newsletter - May 2013 This month our articles focus on the availability of damages in complex ERISA class actions and withdrawal liability actions. Jackie Len first provides Proskauer's perspective on the implications for ERISA litigation arising out…more 403(b) Plans, Affordable Care Act, Class Action, Class Certification, Damages	See All Updates »
Jeff Neuburger	Assignment of Copyright through Terms of Use: Does E-Sign Make It OK? A Tool for B2B Sites Dealing with Unauthorized Access to Their Content? It is a common practice for Web site providers who accept submissions of user-generated content to include a license provision in their “Terms of Use” to obtain rights to use the content…more Clickwrap Agreements, Copyright, E-SIGN, Infringement, License Agreements	See All Updates »
Brian S. Neulander	The ERISA Litigation Newsletter - May 2013 This month our articles focus on the availability of damages in complex ERISA class actions and withdrawal liability actions. Jackie Len first provides Proskauer's perspective on the implications for ERISA litigation arising out…more 403(b) Plans, Affordable Care Act, Class Action, Class Certification, Damages	See All Updates »
Lynda Noggle	IRS Releases Guidance on Wellness Programs and “Affordability” under the Employer Mandate On May 3, 2013, the IRS released proposed regulations on certain provisions relating to the federal premium tax credits that eligible individuals will use to purchase subsidized health insurance coverage from public exchanges…more Affordable Care Act, Health Insurance Exchanges, Healthcare, IRS, Proposed Regulation	See All Updates »
Lata P. Nott	HHS Releases First Round of Post-Election PPACA Guidance The Department of Health and Human Services (HHS) released the first guidance issued on the Patient Protection and Affordable Care Act (PPACA) since the 2012 presidential election…more Affordable Care Act, EHB, Essential Health Benefits, Health Insurance Exchanges	See All Updates »
Matt Nusbaum	Research Confirms OFCCP Compensation Settlements and Conciliations on the Rise Research published by the Center for Corporate Equality (CCE), a Washington, D.C. research organization, reveals that the number of OFCCP audits resulting in a conciliation agreement has risen sharply under the Obama…more Discrimination, Equal Pay, OFCCP, Settlement	See All Updates »
Joseph C. O'Keefe	Third Circuit "Clarifies" Continuing Violation Doctrine In Mandel v. M & Q Packaging Corp., No. 11-3913, 2013 WL 141890 (3d Cir. Jan. 14, 2013), the U.S. Court of Appeals for the Third Circuit "clarified" the application of the continuing violation doctrine as defined by the U.S…more Appeals, Continuing Violation Doctrine, Discrimination, Hostile Environment, Laches	See All Updates »
Brendan O'Rourke	How Much "Competition", If Any, Is Required to Establish Standing in Lanham Act False Advertising Cases—the Supreme Court May Be Interested in Resolving the Three-Way Circuit Split Lanham Act false advertising law is largely consistent among the various federal circuit courts. However, one area of Lanham Act jurisprudence where the federal appellate courts do not see eye-to-eye concerns who has standing to…more Competition, False Advertising, Lanham Act, SCOTUS, Split of Authority	See All Updates »
Benjamin R. Ogletree	New Reporting Company Disclosure Requirements for Activities Relating to Iran On August 10, 2012, President Obama signed into law the Iran Threat Reduction and Syria Human Rights Act of 2012, or the TRA…more Iran Sanctions, Iran Threat Reduction and Syria Human Rights Act, Reporting Requirements, SEC	See All Updates »
Anthony Oncidi	California Employment Law Notes - May 2013 Kenneth Hatai sued his employer (CalTrans) and his supervisor (Sameer Haddadeen), alleging discrimination based on his Japanese ancestry and the fact that he was not of Arab ancestry like Haddadeen. The case was tried to a jury,…more Class Action, Coerced Patronage, Collective Actions, Discrimination, Enforcement	See All Updates »
Daniel Ornstein	A Month in UK Employment Law - April 2013 It has been a busy period for those involved in drafting employment legislation. In our January 2013 edition, we summarised various expected changes to employment law. Since then, these changes have been debated and…more Corporate Taxes, Enterprise and Regulatory Reform Act, EU, LLPs, Pensions	See All Updates »
Jenifer deWolf Paine	Beware Deceptive Trademark Solicitations from Organizations Not Affiliated with the US Patent and Trademark Office Private organizations not affiliated with the United States Patent and Trademark Office (USPTO) often use the USPTO's publicly available trademark database to obtain applicant information, and then disseminate deceptive,…more Patents, Scams, Trademarks, USPTO	See All Updates »
Katharine Parker	New Colorado Law Prohibits Employer Access to Applicant and Employee Personal Social Media Accounts On May 12, 2013, Colorado’s governor signed H.B. 1046 into law to forbid employers from requiring or requesting that prospective and current employees disclose their username and password to their personal social media accounts…more New Legislation, Passwords, Social Media, Social Media Account Ownership	See All Updates »
Steven J. Pearlman	C.D. Cal. Greenlights SOX Claim, Analyzing Whether Scienter Must Be Shown Where Violation Of Internal Controls Is Alleged On April 24, 2013, the U.S. District Court for the Central District of California issued its final ruling that a SOX whistleblower complaint survived a Rule 12(b)(6) challenge. Zulfer v. Playboy Enterprises, Inc., No…more Anti-Retaliation Provisions, Internal Controls, Sarbanes-Oxley, Scienter, Whistleblowers	See All Updates »
Massiel Pedreira	SEC Inadvertently Produces Whistleblower Complaint, But Then Obtains Protective Relief During discovery in an SEC administrative and cease-and-desist proceeding instituted in December 2012 (pursuant to Sections 9(b) and 9(f) of the Investment Company Act of 1940)[1] the SEC Division of Enforcement (DOE)…more Attorney-Client Privilege, Discovery, SEC, Whistleblowers	See All Updates »
Antonio Piccirillo	Ten Questions Regarding Brazilian Labor and Employment law 1. What are the primary sources of labor and employment rights in Brazil? There are four major sources of labor and employment rights in Brazil: (i) the Federal Constitution; (ii) the Brazilian Labor Act (Consolidação das…more Brazilian Labor Act, Collective Bargaining, Employee Rights, Employment Contract, Hiring & Firing	See All Updates »
Betsy Plevan	ILG Blog Posting: Social Media Evolves Social media around the world continues to evolve and so does the International Labour Group at Proskauer. For a second year in a row, Proskauer and its global partners have conducted a survey of multinational businesses to find…more Social Media, Social Media Policy	See All Updates »
Bernard Plum	DC Circuit Court of Appeals Invalidates NLRB Rights Poster Holding Regulation Violates NLRA A federal appeals court has rebuffed the NLRB's attempt to require employers to post in a "conspicuous" place in a workplace a poster that informs employees of their rights under the National Labor Relations Act. The NLRB's rule…more Free Speech, NLRA, NLRB, Notice Requirements, Posting Requirements	See All Updates »
Gail Port	California Governor Proposes Reforms to Proposition 65, Seeks To Prevent Abuse of Statute by "Unscrupulous Lawyers" California Governor Edmund Brown has added his voice to a number of California legislators calling for an overhaul of the state's Safe Drinking Water and Toxic Enforcement Act of 1986 – better known as Proposition 65 (the number…more Jerry Brown, Proposition 65	See All Updates »
Robert Projansky	IRS Clarifies Applicability of Pay or Play to Multiemployer Plans’ Contributing Employers Last Friday, employers contributing to multiemployer plans received some good news. As expected, the Internal Revenue Service amended the transition rule for 2014 originally set forth in its proposed regulations on the pay or…more Collective Bargaining, Healthcare, IRS, Multiemployer Plan, Statutory Waiting Period	See All Updates »
Robert Rachal	The ERISA Litigation Newsletter - April 2013 Editor's Overview - The importance of clear and unambiguous plan language cannot be overstated. The Second Circuit recently applied this well-established principle to conclude that a plan's administrative claims process must…more Benefit Plan Sponsors, Claim Procedures, ERISA, Pensions	See All Updates »
Andrea Rattner	Sixth Circuit Will Not Rehear Quality Stores Decision that Severance Pay in Connection with a Reduction in Force is not Subject to FICA; Supreme Court Next Step? On September 7, 2012, the Sixth Circuit Court of Appeals held in United States v. Quality Stores, Inc. that severance payments to former employees pursuant to an involuntary reduction in force are not taxable "wages" for…more FICA Taxes, Involuntary Reduction in Force, IRS, Payroll Taxes, Quality Stores	See All Updates »
Brian S. Rauch	New York City Council Passes the Earned Sick Time Act On Wednesday, May 8, the New York City Council passed the New York City Earned Sick Time Act (the "Act"), which requires most New York City employers to provide mandatory paid and unpaid sick leave to employees working in New…more City Councils, Local Ordinance, Medical Leave, Municipalities, Paid Leave	See All Updates »
Laura Reathaford	California Court Rejects Class Action Waivers In Employment Arbitration Agreements The California Court of Appeal has rejected a class action waiver in an employment agreement on the basis that the waiver (or agreement) was unconscionable. …more Arbitration, Arbitration Agreements, AT&T Mobility v Concepcion, Class Action Arbitration Waivers, Wage and Hour	See All Updates »
Kate B. Rhodes	Displaced Building Service Workers Protection Act Development: Federal Judge Holds That Any Successorship Analysis Must Be Performed After the Statutory Employee Retention Period Employers taking over unionized work covered by a statute mandating temporary retention of the existing workers may have assumed that they automatically have to recognize the existing union. In New York City, and possibly in…more Collective Bargaining, NLRB, Unions	See All Updates »
Jonathan Richman	Delaware Supreme Court Issues Decision Upholding Collateral Estoppel in Shareholder Derivative Actions The Delaware Supreme Court issued a decision on April 4, 2013, in Pyott v. Louisiana Municipal Police Employees' Retirement System concerning duplicative shareholder derivative actions and the "race to the courthouse" that often…more Board of Directors, Collateral Estoppel, Derivative Suit, Full Faith and Credit, Pre-Suit Notice	See All Updates »
Michael P. Richter	New Reporting Company Disclosure Requirements for Activities Relating to Iran On August 10, 2012, President Obama signed into law the Iran Threat Reduction and Syria Human Rights Act of 2012, or the TRA…more Iran Sanctions, Iran Threat Reduction and Syria Human Rights Act, Reporting Requirements, SEC	See All Updates »
Kathy H. Rocklen	SEC Rule 15a-6 Enforcement Last week the Securities and Exchange Commission ("SEC") charged four India-based financial services firms for providing brokerage services to U.S. institutional investors without operating under a 15a-6 chaperoning agreement or…more Issuer Exemption, Rule 15a-6, SEC	See All Updates »
Coralie Roos	ILG Blog Posting: Social Media Evolves Social media around the world continues to evolve and so does the International Labour Group at Proskauer. For a second year in a row, Proskauer and its global partners have conducted a survey of multinational businesses to find…more Social Media, Social Media Policy	See All Updates »
Marc Eric Rosenthal	Illinois Appellate Court Examines Number of Occurrences and Limits Application of Time-and-Space Test On January 11, 2013, the Illinois Appellate Court for the First District in Chicago issued an important decision concerning the test for the number of occurrences under an insurance policy…more Cause Theory, Number of Occurences, Time and Space Test	See All Updates »
Kenneth Rubenstein	Beware Deceptive Trademark Solicitations from Organizations Not Affiliated with the US Patent and Trademark Office Private organizations not affiliated with the United States Patent and Trademark Office (USPTO) often use the USPTO's publicly available trademark database to obtain applicant information, and then disseminate deceptive,…more Patents, Scams, Trademarks, USPTO	See All Updates »
Myron Rumeld	The ERISA Litigation Newsletter - May 2013 This month our articles focus on the availability of damages in complex ERISA class actions and withdrawal liability actions. Jackie Len first provides Proskauer's perspective on the implications for ERISA litigation arising out…more 403(b) Plans, Affordable Care Act, Class Action, Class Certification, Damages	See All Updates »
Paul Salvatore	Displaced Building Service Workers Protection Act Development: Federal Judge Holds That Any Successorship Analysis Must Be Performed After the Statutory Employee Retention Period Employers taking over unionized work covered by a statute mandating temporary retention of the existing workers may have assumed that they automatically have to recognize the existing union. In New York City, and possibly in…more Collective Bargaining, NLRB, Unions	See All Updates »
Lawrence Sandak	Third Circuit "Clarifies" Continuing Violation Doctrine In Mandel v. M & Q Packaging Corp., No. 11-3913, 2013 WL 141890 (3d Cir. Jan. 14, 2013), the U.S. Court of Appeals for the Third Circuit "clarified" the application of the continuing violation doctrine as defined by the U.S…more Appeals, Continuing Violation Doctrine, Discrimination, Hostile Environment, Laches	See All Updates »
Daniel Saperstein	New Colorado Law Prohibits Employer Access to Applicant and Employee Personal Social Media Accounts On May 12, 2013, Colorado’s governor signed H.B. 1046 into law to forbid employers from requiring or requesting that prospective and current employees disclose their username and password to their personal social media accounts…more New Legislation, Passwords, Social Media, Social Media Account Ownership	See All Updates »
Seth Schafler	Illinois Appellate Court Examines Number of Occurrences and Limits Application of Time-and-Space Test On January 11, 2013, the Illinois Appellate Court for the First District in Chicago issued an important decision concerning the test for the number of occurrences under an insurance policy…more Cause Theory, Number of Occurences, Time and Space Test	See All Updates »
Neal Schelberg	The ERISA Litigation Newsletter - May 2013 This month our articles focus on the availability of damages in complex ERISA class actions and withdrawal liability actions. Jackie Len first provides Proskauer's perspective on the implications for ERISA litigation arising out…more 403(b) Plans, Affordable Care Act, Class Action, Class Certification, Damages	See All Updates »
Jurate Schwartz	The FMLA – What's New as of its 20th Birthday The 1993 Family and Medical Leave Act ("FMLA" or the "Act") turned 20 in 2013. To mark its 20th birthday, the U.S. Department of Labor released the 2012 FMLA Survey Report and issued a final rule implementing important…more AFCTCA, Airline Employees, Flight Crews, FMLA, Military Caregiver Leave	See All Updates »
James Segroves	How U.S. Supreme Court Ruling On Title VII Retaliation Standard Case May Affect Claims Under Whistleblower & Other Anti-Retaliation Statutes “But-for” or “mixed motive” is a causation question not unknown to the U.S. Supreme Court. In Price Waterhouse v. Hopkins, 490 U.S. 228 (1989), a plurality held that the anti-discrimination provision of Title VII only requires a…more ADEA, False Claims Act, Mixed Motive Cases, Nassar, Retaliation	See All Updates »
Mira Serrill-Robins	California Chamber of Commerce Releases Its 2013 List of “Job Killer” Bills The California Chamber of Commerce has just released its annual list of “job killer” bills that have been proposed in the California Legislature. This year’s list identifies 32 proposed laws, including six new “Costly Workplace…more Chamber of Commerce, FHA, Homeless Person’s Bill of Rights and Fairness Act, Minimum Wage, Paid Leave	See All Updates »
James Shalek	Beware Deceptive Trademark Solicitations from Organizations Not Affiliated with the US Patent and Trademark Office Private organizations not affiliated with the United States Patent and Trademark Office (USPTO) often use the USPTO's publicly available trademark database to obtain applicant information, and then disseminate deceptive,…more Patents, Scams, Trademarks, USPTO	See All Updates »
Howard Shapiro	The ERISA Litigation Newsletter - April 2013 Editor's Overview - The importance of clear and unambiguous plan language cannot be overstated. The Second Circuit recently applied this well-established principle to conclude that a plan's administrative claims process must…more Benefit Plan Sponsors, Claim Procedures, ERISA, Pensions	See All Updates »
Adam Siegartel	Beware Deceptive Trademark Solicitations from Organizations Not Affiliated with the US Patent and Trademark Office Private organizations not affiliated with the United States Patent and Trademark Office (USPTO) often use the USPTO's publicly available trademark database to obtain applicant information, and then disseminate deceptive,…more Patents, Scams, Trademarks, USPTO	See All Updates »
Leslie Silverman	EEOC's First GINA Suit Serves As Reminder of Pre-Employment Exam Pitfall On May 7, 2013, the U.S. Equal Employment Opportunity Commission ("EEOC") reached a milestone of sorts as it filed – and then settled – its first complaint ever alleging genetic discrimination under the Genetic Information…more	See All Updates »
Michael Sirkin	New York State Agencies Again Revise Proposed Regulations Limiting Use of State Funds for Administrative Expenses and Executive Compensation by Service Providers as of July 1, 2013 Implementing Executive Order 38 issued by Governor Cuomo early in 2012, thirteen New York State agencies have again released revised proposed regulations placing a limit on the funds that can be used for administrative expenses…more Administrative Expenses, Board of Directors, Compliance, Executive Compensation, Proposed Regulation	See All Updates »
Michael Spencer	Third Circuit Lowers Bar For Determining Whether Internal Complaint Is SOX Protected Activity In Wiest v. Lynch, No. 11-cv-4257, 2013 U.S. App. LEXIS 5345 (3d Cir. March 19, 2013), the Third Circuit gave Chevron deference to U.S. Department of Labor Administrative Review Board’s (ARB) interpretation of “protected…more DOL, Protected Activity, Sarbanes-Oxley, SEC, Split of Authority	See All Updates »
Erika Stallings	How Much "Competition", If Any, Is Required to Establish Standing in Lanham Act False Advertising Cases—the Supreme Court May Be Interested in Resolving the Three-Way Circuit Split Lanham Act false advertising law is largely consistent among the various federal circuit courts. However, one area of Lanham Act jurisprudence where the federal appellate courts do not see eye-to-eye concerns who has standing to…more Competition, False Advertising, Lanham Act, SCOTUS, Split of Authority	See All Updates »
Joshua Stein	OFCCP Directive Adopts EEOC Guidance and Outlines New Procedures and Existing Legal Obligations Regarding Criminal Background Checks On January 29, 2013, the Office of Federal Contract Compliance Programs ("OFCCP") adopted the Equal Employment Opportunity Commission's ("EEOC") April 25, 2012 Guidance regarding the use of criminal records in employment…more Criminal Background Checks, Discrimination, EEOC, FCRA, Hiring & Firing	See All Updates »
Kenneth Sulzer	California Employment Law Notes - January 2013 In This Issue: - $1.347 Million Award To Former General Counsel For Breach Of Implied Contract Is Upheld - Faigin v. Signature Group Holdings, Inc., 211 Cal. App. 4th 726 (2012) - $114,000 Pregnancy Discrimination…more Breach of Implied Contract, Class Action, Class Certification, Disability, Discrimination	See All Updates »
Praveena Swanson	USCIS Reaches FY 2014 H-1B Cap USCIS has announced that the H-1B Cap for FY 2014 has been reached and a lottery will conducted for H-1B cap petitions received between April 1 and April 5, 2013. USCIS issued the following statement..…more H-1B, USCIS, Visa Caps, Visas	See All Updates »
Yuval Tal	Hong Kong – Applying Securities Laws to Sales of Hotel Units In a move that represents a first in Hong Kong, one of the territory's largest listed property developers, Cheung Kong (Holdings) Limited and certain of its subsidiaries have entered into an agreement with the Securities and…more Hong Kong Securities and Futures Commission, Hotels, REIT	See All Updates »
Yasmine Tarasewicz	New Labor and Employment Legislation in France - Is French Labor Law Becoming More Flexible? The combination of the economic crisis and the growth of emerging markets has led to many European governments announcing initiatives to reform employment legislation with the intent of making it simpler and more flexible so as…more EU, Hiring & Firing, Layoffs, Relocation, Settlement	See All Updates »
Mark Theodore	DC Circuit Court of Appeals Invalidates NLRB Rights Poster Holding Regulation Violates NLRA A federal appeals court has rebuffed the NLRB's attempt to require employers to post in a "conspicuous" place in a workplace a poster that informs employees of their rights under the National Labor Relations Act. The NLRB's rule…more Free Speech, NLRA, NLRB, Notice Requirements, Posting Requirements	See All Updates »
Austen Townsend	IRS Releases Guidance on Wellness Programs and “Affordability” under the Employer Mandate On May 3, 2013, the IRS released proposed regulations on certain provisions relating to the federal premium tax credits that eligible individuals will use to purchase subsidized health insurance coverage from public exchanges…more Affordable Care Act, Health Insurance Exchanges, Healthcare, IRS, Proposed Regulation	See All Updates »
Lawrence Weinstein	How Much "Competition", If Any, Is Required to Establish Standing in Lanham Act False Advertising Cases—the Supreme Court May Be Interested in Resolving the Three-Way Circuit Split Lanham Act false advertising law is largely consistent among the various federal circuit courts. However, one area of Lanham Act jurisprudence where the federal appellate courts do not see eye-to-eye concerns who has standing to…more Competition, False Advertising, Lanham Act, SCOTUS, Split of Authority	See All Updates »
Steven Weinstein	American Taxpayer Relief Act Affects Mass Transit Benefits and Other Employee Benefits On January 2, 2013, President Obama signed the American Taxpayer Relief Act of 2012 (“ATRA”) into law. ATRA, adopted as an alternative to stepping over the “fiscal cliff,” preserves most of the Bush-era tax cuts and reinstates…more	See All Updates »
Allan Weitzman	DC Circuit Court of Appeals Invalidates NLRB Rights Poster Holding Regulation Violates NLRA A federal appeals court has rebuffed the NLRB's attempt to require employers to post in a "conspicuous" place in a workplace a poster that informs employees of their rights under the National Labor Relations Act. The NLRB's rule…more Free Speech, NLRA, NLRB, Notice Requirements, Posting Requirements	See All Updates »
Andrew Wellin	Clearance: Proskauer's Quarterly Antitrust Update - Winter 2013 In This Issue: - Watson and Reverse Payments: An Opportunity to Resolve the Competing Tension Between Antitrust and Patent Law Under the Hatch-Waxman Act - Judge Posner on the Limits of the Per Se Rule against Price…more	See All Updates »
Jennifer Wexler	USCIS Reaches FY 2014 H-1B Cap USCIS has announced that the H-1B Cap for FY 2014 has been reached and a lottery will conducted for H-1B cap petitions received between April 1 and April 5, 2013. USCIS issued the following statement..…more H-1B, USCIS, Visa Caps, Visas	See All Updates »
Jennifer Wheater	A Month in UK Employment Law - April 2013 It has been a busy period for those involved in drafting employment legislation. In our January 2013 edition, we summarised various expected changes to employment law. Since then, these changes have been debated and…more Corporate Taxes, Enterprise and Regulatory Reform Act, EU, LLPs, Pensions	See All Updates »
Amanda Wiley	“Associational Retaliation” Actionable, But Claim Still Booted The U.S. District Court for the Northern District of Illinois granted a company summary judgment on an “associational retaliation” claim brought under Title VII by a temporary worker claiming the company ended her assignments…more Associational Retaliation, Discrimination, Retaliation, Title VII	See All Updates »
Richard Zall	OIG Issues Special Fraud Alert on Business Arrangements with Physician-Owned Entities On March 26, the HHS Office of Inspector General (OIG) issued a Special Fraud Alert (Fraud Alert) reiterating its long-standing concern that the opportunity for a referring physician to earn a profit by investing in a venture…more Anti-Kickback Statute, Fraud, Healthcare, Joint Venture, Medical Devices	See All Updates »
Frank Zarb	The SEC Provides Guidance on the Use of Social Media for Public Company Disclosure On April 2, 2013, the Securities and Exchange Commission issued a "report of investigation" that provides important guidance for companies that wish to use social media outlets, such as Facebook and Twitter, to publicly disclose…more Facebook, Netflix, Public Disclosure, Reed Hastings, Regulation FD	See All Updates »
K.M. Zouhary	Eleventh Circuit: Liquidated Damages For FLSA Retaliation Discretionary, Not Mandatory The Eleventh Circuit joined the Sixth and Eighth Circuits in holding that liquidated damages awards for FLSA retaliation claims are discretionary, not mandatory. Moore v. Appliance Direct, Inc., No. 11-cv-15227 (11th Cir. Feb…more Appliance Direct, Damages, FLSA, Hiring & Firing, Independent Contractors	See All Updates »

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