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Scott Abeles

Better vs. Cheaper? – Court Says Cost Trumps Quality in Health Care – Orders Undoing of Physician Group Tie-up

The health care industry is in the midst of a revolution caused by demographic changes, advancements in medical understanding and, of course, Obamacare. As health care providers scramble to adjust to this brave new world, the…more

Affordable Care Act, FTC, Healthcare, Physicians

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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

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Andrew Aitchison

Court Recognizes Limitations on Relator’s Ability to Bring Multiple Suits in U.S. v. Cellco

A federal circuit court decision issued last week recognizes important limitations on a relator’s ability to bring multiple lawsuits against the same contractor or alleging related fraud. The U.S. Court of Appeals for the…more

First-to-File, GSA, Relators, Verizon

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Michael Album

Deadline Looming for Comments on SEC Proposed Rules on CEO Pay Ratio Disclosure

The Securities and Exchange Commission (SEC) recently released its proposed rules to amend Item 402 of Regulation S-K to implement the pay ratio disclosure requirement in accordance with Section 953(b) of the Dodd-Frank Wall…more

CEOs, Disclosure Requirements, Dodd-Frank, Executive Compensation, Pay Ratio

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Justin Alex

The ERISA Litigation Newsletter - April 2014

This month we discuss the evolving case law on the issue of whether unpaid employer contributions due under a collective bargaining agreement can be viewed as plan assets such that the individuals who decide to withhold such…more

Breach of Duty, Collective Bargaining, ERISA, Executive Compensation, Fiduciary Duty

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Julie Allen

Private Funds In Focus - Summer 2013

The Jumpstart Our Business Startups (JOBS) Act became law just over one year ago. The JOBS Act seeks to encourage capital formation and reduce burdensome regulations on smaller issuers of securities. Since its enactment on April…more

Advertising, Disclosure Requirements, EGCs, General Solicitation, Investment Funds

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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

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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

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Noa Baddish

SEC Scrutinizing Contractual Impediments to Whistleblower Complaints

Sean McKessy (“McKessy”), the Securities and Exchange Commission’s (“SEC”) whistleblower chief, cautioned in-house attorneys who draft contracts incentivizing employees to report securities fraud complaints in-house rather than…more

Corporate Counsel, Retaliation, SEC, Securities Fraud, Whistleblower Protection Policies

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Peta-Anne Barrow

UK Whistleblowing – tips on the rise and the possibility of bounty

Whistleblowing tips reported to the Financial Conduct Authority (the “FCA”), one of the UK bodies with responsibility for regulating the financial services industry, have increased 35 per cent in the past 12 months according to…more

Compliance, Employer Liability Issues, FCA, UK, Whistleblowers

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Stacy H. Barrow

ACA’s Deductible Limits for Small Groups Repealed

On April 1, 2014, President Obama signed into law the Protecting Access to Medicare Act of 2014. The primary purpose of the law is to provide a one-year delay of a 24% reduction in payment rates for physicians who participate in…more

Affordable Care Act, CMS, Deductibles, Healthcare, Medicare

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John Barry

New Jersey Employers Must Display Two Updated Posters

The New Jersey Department of Labor and Workforce Development ("Department") recently updated two of the posters that employers must conspicuously display in the workplace. The first updated poster—the New Jersey State Wage and…more

Employee Rights, NLRB, Wage and Hour

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Mark Batten

Massachusetts Paid Sick Time

Rhode Island recently has followed Connecticut in mandating paid sick time, and now bills pending in Massachusetts and Vermont may spread the requirement through New England. New York and the District of Columbia also recently…more

Employee Rights, Paid Leave, Sick Leave

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Robert Batterman

Three Point Shot, March 2014

D'oh! Simpsons Voice Actor Scores Big Win in Baseball Character Suit Popcorn, peanuts, character and voice rights in one jam-packed action for declaratory relief! Thank you for joining us on this sunny day at the…more

Breach of Contract, Copyright, Copyright Infringement, Unjust Enrichment

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Alicia Batts

Better vs. Cheaper? – Court Says Cost Trumps Quality in Health Care – Orders Undoing of Physician Group Tie-up

The health care industry is in the midst of a revolution caused by demographic changes, advancements in medical understanding and, of course, Obamacare. As health care providers scramble to adjust to this brave new world, the…more

Affordable Care Act, FTC, Healthcare, Physicians

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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

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Joseph Baumgarten

Supreme Court Adopts "But For" Causation Standard for Title VII Retaliation Claims

On June 24, 2013, the Supreme Court ruled that a plaintiff in a Title VII retaliation case must prove that the retaliation was the "but for" cause of the employer's adverse action. University of Texas S.W. Med. Ctr. v. Nassar,…more

But For Causation, Discrimination, Racial Discrimination, Religious Discrimination, Retaliation

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Nathan Bentley

The ERISA Litigation Newsletter - April 2014

This month we discuss the evolving case law on the issue of whether unpaid employer contributions due under a collective bargaining agreement can be viewed as plan assets such that the individuals who decide to withhold such…more

Breach of Duty, Collective Bargaining, ERISA, Executive Compensation, Fiduciary Duty

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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

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Connie Bertram

Court Recognizes Limitations on Relator’s Ability to Bring Multiple Suits in U.S. v. Cellco

A federal circuit court decision issued last week recognizes important limitations on a relator’s ability to bring multiple lawsuits against the same contractor or alleging related fraud. The U.S. Court of Appeals for the…more

First-to-File, GSA, Relators, Verizon

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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

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Mark J. Biros

Supreme Court Holds That Criminal Defendants Challenging Pre-Trial Asset Seizure Cannot Contest a Grand Jury’s Determination of Probable Cause

On February 25, 2014, in Kaley v. United States, the U.S. Supreme Court held 6-3 that criminal defendants challenging the legality of a §853(e)(1) pre-trial asset seizure may not contest a grand jury's determination of probable…more

Criminal Prosecution, Frozen Assets, Grand Juries, Kaley v. United States, Probable Cause

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Amy Blackwood

DOD Issues Proposed Rule Extending Limitations on Contractor Employee Personal Conflicts of Interest

The Department of Defense (DOD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA) have issued a proposed rule amending the Federal Acquisition Regulations (FAR) to extend the…more

Conflicts of Interest, Contractors, DOD, FAR, Federal Contractors

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Ryan Blaney

Better vs. Cheaper? – Court Says Cost Trumps Quality in Health Care – Orders Undoing of Physician Group Tie-up

The health care industry is in the midst of a revolution caused by demographic changes, advancements in medical understanding and, of course, Obamacare. As health care providers scramble to adjust to this brave new world, the…more

Affordable Care Act, FTC, Healthcare, Physicians

See All Updates »

Elise Bloom

New York Court of Appeals Clarifies Important Questions about Tip-sharing Statute

On June 26, 2013, New York's highest court for the first time weighed in and ruled on what types of employees are qualified to participate in tip-splitting or tip-pooling arrangements under the New York Labor Law, as well as the…more

DOL, Restaurant Industry, Tip-Pooling, Wages

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Gabrielle Blum

The Future of Domestic Partner Health Benefits

If the U.S. Supreme Court rules that the federal Defense of Marriage Act (“DOMA”) is unconstitutional in Windsor v. U.S., which is expected to be decided this month, will employers that offer health benefits to employees’…more

DOMA, Domestic Partnership, Essential Health Benefits, Same-Sex Marriage

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Ira Bogner

Deadlines Approaching for Employer Return Requirements for ISOs and ESPPs – Reporting Requirements for 2014

Section 6039 of the Internal Revenue Code of 1986, as amended (the "Code"), requires corporations to furnish information statements to their employees (including former employees) and to the Internal Revenue Service ("IRS") with…more

Deadlines, Employee Stock Purchase Plans, Incentive Stock Options, IRS, Reporting Requirements

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Jamie Bowles

IRS Issues Interim Guidance for Type III Supporting Organizations

The IRS recently issued Notice 2014-4 (the “Notice”), which provides interim guidance for Type III supporting organizations seeking to qualify as functionally integrated by supporting governmental organizations. In December…more

IRS, Pension Protection Act of 2006, Supporting Organizations

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Julia Brodsky

NLRB Takes D.R. Horton One Step Further While the Ninth Circuit Upholds Its Contrary Decision

On January 17, 2014, the National Labor Relations Board Judge Lisa D. Thompson concluded that an agreement that did not prohibit class or collective action still violated Section 8(a)(1) of the National Labor Relations Act…more

Arbitration, Arbitration Agreements, Class Action, Collective Actions, D.R. Horton

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Harold Brody

San Francisco Releases "Ban the Box" Notice for Posting and Distribution

San Francisco's new Fair Chance Ordinance ("FCO") "bans the box" and otherwise restricts private employers and City contractors from inquiring into or considering certain criminal offenses when making hiring and personnel…more

Background Checks, Ban the Box, Criminal Background Checks

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Alychia Lynn Buchan

First-Ever SEC Bounty Winner Receives Additional Payout

The SEC Office of the Whistleblower recently announced that the first-ever whistleblower award under the Dodd-Frank Whistleblower Program will be increased by $150,000 based on additional assets the SEC collected from one the…more

Dodd-Frank, SEC, Whistleblower Protection Policies, Whistleblowers

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Anthony Cacace

The ERISA Litigation Newsletter - April 2014

This month we discuss the evolving case law on the issue of whether unpaid employer contributions due under a collective bargaining agreement can be viewed as plan assets such that the individuals who decide to withhold such…more

Breach of Duty, Collective Bargaining, ERISA, Executive Compensation, Fiduciary Duty

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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

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Phillip Caraballo-Garrison

Private Fund Managers Be Aware: FCPA Enforcement Is Coming Your Way

The increased globalization of the private investment industry has given rise to an enhanced focus by U.S. prosecutors and regulators on rooting out corrupt business activities in private equity firms and hedge funds. As private…more

Compliance, Enforcement Actions, FCPA, Fund Managers

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Michael Cardozo

Three Point Shot, March 2014

D'oh! Simpsons Voice Actor Scores Big Win in Baseball Character Suit Popcorn, peanuts, character and voice rights in one jam-packed action for declaratory relief! Thank you for joining us on this sunny day at the…more

Breach of Contract, Copyright, Copyright Infringement, Unjust Enrichment

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

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Todd Castleton

The ERISA Litigation Newsletter; November 2013

In This Issue: - Labor and Employment and ERISA Class Actions After Wal-Mart and Comcast — Practice Points for Defendants (Part I – Commonality)* - Agencies Release Guidance on HRAs, FSAs, and Employer Payment Plans…more

Affordable Care Act, Class Action, Class Certification, Comcast, Competition

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Benjamin J. Catalano

Treatment of Foreign Banks under Section 716 of the Dodd-Frank Act and Related Push-Out Provisions

Last month, the Federal Reserve Board issued an Interim Final Rule that treats uninsured U.S. branches and agencies of foreign banks the same as insured depository institutions ("IDIs") for purposes of Section 716 of the…more

Banks, CFTC, Compliance, Dodd-Frank, Federal Reserve

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Stacey Cerrone

The ERISA Litigation Newsletter - January 2014

This month we look at part three of our three part series on Class Actions. In part three, Robert Rachal and M. Todd Mobley address the role of experts in class certification post Wal-Mart and Comcast and how to use and attack…more

Blue Cross, Burden of Proof, Cafeteria Plans, Class Action, Class Certification

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Roberta Chevlowe

New IRS Guidance Relating to Same-Sex Spouses and Qualified Retirement Plan Benefits

Shortly after the U.S. Supreme Court ruled (in U.S. v. Windsor) that Section 3 of the federal Defense of Marriage Act (DOMA) was unconstitutional, the IRS announced that same-sex marriages will be recognized for federal tax…more

DOMA, IRS, Qualified Retirement Plans, SCOTUS, US v Windsor

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Lloyd B. Chinn

$53 Million Paid To IRS Whistleblowers in 2013

As reported by The Washington Post, on April 4, 2014, the IRS issued its “Fiscal Year 2013 Report to the Congress on the Use of Section 7623” revealing that it paid whistleblowers $53 million in 2013. The agency said that it…more

IRS, Whistleblower Awards

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Tulio Chirinos

The ERISA Litigation Newsletter - March 2014

Our first article this month addresses the treatment of the attorney-client privilege in employee benefits matters. Pursuant to the so-called "fiduciary exception," communications between an attorney and a plan fiduciary are not…more

Attorney-Client Privilege, Confidential Communications, ERISA, Fiduciary Duty, Legal Advice Privilege

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Wai Choy

Sixth Circuit to Construe Scope of CDA Section 230 Immunity on Appeal of Unusual Jones v. Dirty World Decision

How can a website operator lose the broad immunity for liability associated with user-generated content conferred by Section 230 of the Communications Decency Act (CDA)? Section 230 has been consistently interpreted by most…more

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David Chu

Supreme Court Holds That Criminal Defendants Challenging Pre-Trial Asset Seizure Cannot Contest a Grand Jury’s Determination of Probable Cause

On February 25, 2014, in Kaley v. United States, the U.S. Supreme Court held 6-3 that criminal defendants challenging the legality of a §853(e)(1) pre-trial asset seizure may not contest a grand jury's determination of probable…more

Criminal Prosecution, Frozen Assets, Grand Juries, Kaley v. United States, Probable Cause

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Aliza Cinamon

US EPA Approves New Standard for Conducting Phase I Environmental Site Assessments

The United States Environmental Protection Agency (EPA) recently issued its final rule amending the standards and practices for conducting environmental "all appropriate inquiries" to include a new standard recently made…more

ASTM, CERCLA, Due Diligence, Environmental Assessments, Environmental Policies

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Joseph Clark

The ERISA Litigation Newsletter - April 2014

This month we discuss the evolving case law on the issue of whether unpaid employer contributions due under a collective bargaining agreement can be viewed as plan assets such that the individuals who decide to withhold such…more

Breach of Duty, Collective Bargaining, ERISA, Executive Compensation, Fiduciary Duty

See All Updates »

Robert Cleary

Supreme Court Holds That Criminal Defendants Challenging Pre-Trial Asset Seizure Cannot Contest a Grand Jury’s Determination of Probable Cause

On February 25, 2014, in Kaley v. United States, the U.S. Supreme Court held 6-3 that criminal defendants challenging the legality of a §853(e)(1) pre-trial asset seizure may not contest a grand jury's determination of probable…more

Criminal Prosecution, Frozen Assets, Grand Juries, Kaley v. United States, Probable Cause

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Celia Cohen

Petition for Certiorari Filed Regarding Preclusive Effect of Likelihood of Confusion Findings by the Trademark Trial and Appeal Board; Supreme Court Invites Solicitor General to Submit Views

In advising clients and making strategic decisions about whether to bring or defend inter partes proceedings before the Trademark Trial and Appeal Board ("TTAB"), trademark practitioners need to consider carefully whether they…more

Certiorari, Claim Preclusion, Likelihood of Confusion, Patent Trial and Appeal Board, SCOTUS

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Hallie Cohen

USCIS Reaches H-1B Cap for FY 2015 and Conducts Lottery

On Monday, April 7th, United States Citizenship and Immigration Services (USCIS) announced it had received enough H-1B petitions to reach the cap of 65,000 for Fiscal Year (FY) 2015, as well as the 20,000 limit for those…more

H-1B, Highly-Skilled Workers Visa, Hiring & Firing, Lottery, USCIS

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Nancy Sher Cohen

California Judiciary, not Governor, Leading Effort to Reign in Proposition 65 Abuse

Earlier this year, we reported on California Governor Edmund Brown's call for reform of the state's Safe Drinking Water and Toxic Enforcement Act of 1986 – better known as Proposition 65, the number of the ballot initiative that…more

Ballot Measures, Drinking Water, Jerry Brown, Proposed Amendments, Proposition 65

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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

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Guy Connell

Hong Kong SFC Continues To Step Up Its Enforcement Action amidst Enhanced Regulation of IPO Sponsors

With the date for the introduction of the new regulatory regime for IPO sponsors now just a matter of weeks away on October 1, 2013, the Hong Kong market has witnessed further action taken by the Securities and Futures…more

Compliance, Enforcement Actions, Futures, Hong Kong, Investors

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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

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Irina Constantin

California Employers Down, But Not Out, Concerning Class Certification Issues

Shortly after the California Supreme Court issued its 2012 decision in Brinker Restaurant Corp. v. Superior Court, employers saw an immediate uptick in appellate court decisions supporting the denial of class certification to…more

Brinker, Class Action, Class Certification, Compliance, Employer Liability Issues

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Scott Cooper

Clearance: Proskauer's Quarterly Antitrust Update - Fall 2013

In Federal Trade Commission v. Actavis, Inc., the Supreme Court, in a 5-3 decision written by Justice Breyer, reversed the Eleventh Circuit's dismissal of an FTC complaint under Section 5 of the Federal Trade Commission Act[1]…more

Actavis Inc., Anti-Competitive, Antitrust Investigations, Antitrust Litigation, Competition

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Amy Covert

The ERISA Litigation Newsletter - January 2014

This month we look at part three of our three part series on Class Actions. In part three, Robert Rachal and M. Todd Mobley address the role of experts in class certification post Wal-Mart and Comcast and how to use and attack…more

Blue Cross, Burden of Proof, Cafeteria Plans, Class Action, Class Certification

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Amy Crafts

Massachusetts Jury Finds Violation of Stored Communications Act and Massachusetts Privacy Laws

In January 2011, David Cheng (Plaintiff) filed a lawsuit against his former co-worker and fellow radiologist, Laura Romo (Defendant), alleging a violation of the Stored Communications Act (SCA) and Massachusetts privacy law…more

Email, Jury Trial, Privacy Laws, Stored Communications Act, Yahoo!

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Sandra Crawshaw-Sparks

New York State Amends Labor Law To Protect Child Models

On October 21, 2013, Governor Andrew M. Cuomo signed amendments to the New York Labor Law, Art. 4-A, §§ 150-154, the laws governing employment of child performers. The new law is effective on November 20, 2013, thirty (30) days…more

Child Labor, Compliance, DOL, Minors

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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, Comcast v. Behrend

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Mark Davidson

Supreme Court Holds That Criminal Defendants Challenging Pre-Trial Asset Seizure Cannot Contest a Grand Jury’s Determination of Probable Cause

On February 25, 2014, in Kaley v. United States, the U.S. Supreme Court held 6-3 that criminal defendants challenging the legality of a §853(e)(1) pre-trial asset seizure may not contest a grand jury's determination of probable…more

Criminal Prosecution, Frozen Assets, Grand Juries, Kaley v. United States, Probable Cause

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Daniel Davis

President Takes Executive Action Over Pay Equity By Federal Government Contractors

Yesterday, in connection with “Equal Pay Day” ceremonies at the White House, President Obama issued an Executive Order and a Presidential Memorandum aimed at ensuring that employees of Federal government contractors and…more

Discrimination, DOL, Equal Pay, Executive Orders, Federal Contractors

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Carolyn Dellatore

Connecticut Moves Toward Highest Minimum Wage of Any State in the Country

On March 27, 2014, Connecticut Governor Dannel Malloy signed a law that is poised to make Connecticut's minimum wage the highest of any state in the nation by 2017 (if no other state enacts a higher wage in the interim)…more

Minimum Wage, Over-Time

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Enzo Der Boghossian

San Francisco Releases "Ban the Box" Notice for Posting and Distribution

San Francisco's new Fair Chance Ordinance ("FCO") "bans the box" and otherwise restricts private employers and City contractors from inquiring into or considering certain criminal offenses when making hiring and personnel…more

Background Checks, Ban the Box, Criminal Background Checks

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Pietro Deserio

Supreme Court Holds That Criminal Defendants Challenging Pre-Trial Asset Seizure Cannot Contest a Grand Jury’s Determination of Probable Cause

On February 25, 2014, in Kaley v. United States, the U.S. Supreme Court held 6-3 that criminal defendants challenging the legality of a §853(e)(1) pre-trial asset seizure may not contest a grand jury's determination of probable…more

Criminal Prosecution, Frozen Assets, Grand Juries, Kaley v. United States, Probable Cause

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Anthony DiBenedetto

Governor Brown Signs New Laws Affecting California Employers

Gov. Brown has signed into law a measure that will increase California’s minimum wage from $8.00 per hour to $9.00 per hour on July 1, 2014, and to $10.00 per hour on January 1, 2016. So, California employers must prepare for a…more

Domestic Workers, Jerry Brown, Minimum Wage, Over-Time, Paid Leave

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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

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Karin Dulac

Tips For Setting Employees’ Salaries And Benefits For MultiNational Companies

Setting the correct salary is never easy and is more an art than a science. In the current economic climate the market fluctuates according to industry, geographical location, budgetary constraints and a whole host of other…more

Bonuses, Discrimination, Employee Benefits, Minimum Wage, Multinationals

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Nicole Eichberger

The ERISA Litigation Newsletter - October 2013

This month we return to the age-old question – "What makes someone a fiduciary?" As Nicole Eichberger explains, the Seventh Circuit reminded us that the meaning of a "functional fiduciary" depends on exercise/conduct in relation…more

DOL, DOMA, Employee Benefits, ERISA, Fiduciary Duty

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Wanda L. Ellert

New Jersey Employers Must Display Two Updated Posters

The New Jersey Department of Labor and Workforce Development ("Department") recently updated two of the posters that employers must conspicuously display in the workplace. The first updated poster—the New Jersey State Wage and…more

Employee Rights, NLRB, Wage and Hour

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Emily Erstling

IRS Says PCORI Fees Are Deductible

As employers plan for paying various health care reform fees, one question that arises is whether the fees owed are tax deductible. In particular, it has been unclear whether the fees paid pursuant the Affordable Care Act to…more

Affordable Care Act, Fees, Form 720, Healthcare, IRS

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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

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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

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Laura Fant

Fourth Circuit Finds District Court Erroneously Applied Wal-Mart Stores, Inc. v. Dukes In Denying Leave to Amend Complaint in Pay Discrimination Suit

In its recent decision in Scott v. Family Dollar Stores, Inc., No. 12-1610 (4th Cir. Oct. 16, 2013), the Fourth Circuit ruled that the district court abused its discretion by refusing to allow plaintiffs asserting claims of…more

Class Certification, Commonality, Dukes v Wal-Mart, Gender Discrimination, Gender-Based Pay Discrimination

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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

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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

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Ali Fawaz

The ERISA Litigation Newsletter - June 2013

Our articles this month focus on health care reform. First, Jim Napoli and Brian Neulander comment on the potential for litigation under the Affordable Care Act's (ACA's) whistleblower protections and ERISA Section 510 as a…more

Affordable Care Act, COBRA, Data Breach, Data Protection, DOL

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Chantel Febus

Supreme Court Holds That Criminal Defendants Challenging Pre-Trial Asset Seizure Cannot Contest a Grand Jury’s Determination of Probable Cause

On February 25, 2014, in Kaley v. United States, the U.S. Supreme Court held 6-3 that criminal defendants challenging the legality of a §853(e)(1) pre-trial asset seizure may not contest a grand jury's determination of probable…more

Criminal Prosecution, Frozen Assets, Grand Juries, Kaley v. United States, Probable Cause

See All Updates »

Tzvia Feiertag

The ERISA Litigation Newsletter - March 2014

Our first article this month addresses the treatment of the attorney-client privilege in employee benefits matters. Pursuant to the so-called "fiduciary exception," communications between an attorney and a plan fiduciary are not…more

Attorney-Client Privilege, Confidential Communications, ERISA, Fiduciary Duty, Legal Advice Privilege

See All Updates »

Robin Feiner

Private Funds In Focus - Summer 2013

The Jumpstart Our Business Startups (JOBS) Act became law just over one year ago. The JOBS Act seeks to encourage capital formation and reduce burdensome regulations on smaller issuers of securities. Since its enactment on April…more

Advertising, Disclosure Requirements, EGCs, General Solicitation, Investment Funds

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Mark Fennessy

UK Supreme Court rules on priority ranking of pension liabilities in company insolvencies

On 24th July the UK Supreme Court handed down its unanimous decision in relation to the LBIE/Nortel appeal, overturning the previous Court of Appeal and first instance judgments…more

Defined Benefit Plans, FSDC, Insolvency, Nortel, Pensions

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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

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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

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Aaron Feuer

Unpaid Employer Contributions as Plan Assets: Expansion Of Liability Under ERISA

The Employee Retirement Income Security Act of 1974, as amended (“ERISA”), requires trustees of multiemployer pension and benefit funds to collect contributions required to be made by contributing employers under their…more

CBAs, Commercial Bankruptcy, Employee Benefits, Employer Contributions, Employer Liability Issues

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Rachel Fischer

$53 Million Paid To IRS Whistleblowers in 2013

As reported by The Washington Post, on April 4, 2014, the IRS issued its “Fiscal Year 2013 Report to the Congress on the Use of Section 7623” revealing that it paid whistleblowers $53 million in 2013. The agency said that it…more

IRS, Whistleblower Awards

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Daniel Forman

Private Funds In Focus - Summer 2013

The Jumpstart Our Business Startups (JOBS) Act became law just over one year ago. The JOBS Act seeks to encourage capital formation and reduce burdensome regulations on smaller issuers of securities. Since its enactment on April…more

Advertising, Disclosure Requirements, EGCs, General Solicitation, Investment Funds

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Robert Freeman

FINRA Alerts Investors to Bitcoin Risks

Bitcoin remains fixed on the front pages of the business and technology news for both the salacious and the positive. Much attention has been paid to the collapse of the former top bitcoin exchange, Mt. Gox, stemming from the…more

Bitcoins, FINRA, Virtual Currency

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Susan Friedfel

Unemployment Laws Have New Teeth under the Integrity Act: Are You Ready?

In 2011, President Obama signed the Unemployment Insurance Integrity Act (the "Act") as part of the enactment of the Trade Adjustment Assistance Extension Act of 2011 (“TAAEA”). The Act, which is a subsection of the Federal…more

Compliance, FUTA, TAAEA, Unemployment Insurance, Unemployment Insurance Integrity Act

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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

Audits, Colleges, Executive Compensation, Exempt Organizations, IRS

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Howard Ganz

Three Point Shot, March 2014

D'oh! Simpsons Voice Actor Scores Big Win in Baseball Character Suit Popcorn, peanuts, character and voice rights in one jam-packed action for declaratory relief! Thank you for joining us on this sunny day at the…more

Breach of Contract, Copyright, Copyright Infringement, Unjust Enrichment

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Michell Gaswirth

Wealth Management Update - April 2014

April Interest Rates Hold Steady for GRATs, Sales to Defective Grantor Trusts, and Intra-Family Loans. The April applicable federal rate ("AFR") for use with estate planning techniques such as CRTs, CLTs, QPRTs and GRATs…more

Estate Planning, Estate Tax

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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

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Nathaniel Glasser

Mihalik v. Credit Agricole Cheuvreux: Second Circuit Clarifies Standard of Review of New York City Human Rights Law Claims

On April 26, 2013, the Second Circuit held that New York City Human Rights Law ("NYCHRL") claims must be analyzed separately from federal and state discrimination claims and that the severe or pervasive standard of liability no…more

Discrimination, Gender Discrimination, Hiring & Firing, Hostile Environment, NYCHRL

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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

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Jessica Goldenberg

Trade Dress Can Be Viable Means of Protecting Websites from Competitor’s Look-Alike Sites

Somewhere between a well-recognized website design like Google’s home page and a fledgling e-commerce venture built with free web building software lives most other websites. Depending on the investment in the development and…more

Infringement, Trade Dress, Trademarks, Website Design, Websites

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Herschel Goldfield

Appointment and Authority of Committees Under the New York Not-for-Profit Corporation Law

Under the Not-for-Profit Corporation Law (“NPCL”) it is relatively clear that (i) any committee with corporate authority must be comprised only of trustees, and (ii) committees must be appointed by the board, and not, for…more

Board of Directors, Committee Meetings, Corporate Governance, Non-Profits

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Ira Golub

The ERISA Litigation Newsletter - August 2013

In this month's newsletter we address ten important issues to consider when drafting and amending a summary plan description…more

ERISA, Litigation Strategies, Summary Plan Description

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Keith Goodwin

SEC’s Amicus Brief: Internal Whistleblower Reports Covered By Dodd-Frank Anti-Retaliation Provision

As we previously discussed, courts have struggled with determining the scope of the protections in Dodd-Frank’s anti-retaliation provisions. On the one hand, Dodd-Frank defines a “whistleblower” as any individual, or group of…more

Anti-Retaliation Provisions, Dodd-Frank, Retaliation, Sarbanes-Oxley, SEC

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Albert Gortz

Wealth Management Update - April 2014

April Interest Rates Hold Steady for GRATs, Sales to Defective Grantor Trusts, and Intra-Family Loans. The April applicable federal rate ("AFR") for use with estate planning techniques such as CRTs, CLTs, QPRTs and GRATs…more

Estate Planning, Estate Tax

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Michael Graham

OSHA Issues Substantial Award To SOX Whistleblower Claiming “Blacklisting”

According to a news release from OSHA, OSHA recently ordered DISH Network (the “Company”) to pay a former employee over $257,000 in back wages and compensatory damages, plus reasonable attorneys’ fees, and to expunge his…more

Blacklist, OSHA, Sarbanes-Oxley

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Carolyn Doppelt Gray

Broad Definition of "Disability" Endorsed By Fourth Circuit

In its recently published opinion in Summers v. Altarum Institute, Corp., No. 13-1645, decided January 23, 2014, the United States Court of Appeals for the Fourth Circuit became the first federal appellate court to hold that a…more

ADA, ADAAA, Disability

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Keisha-Ann Gray

Employers To Face More Concurrent EEOC and Tort Suits after Second Circuit Decision

Last week the U.S. Court of Appeals for the Second Circuit held that filing a charge of discrimination with the U.S. Equal Employment Opportunity Commission (EEOC) does not toll the statute of limitations for state-law tort…more

Discrimination, EEOC, Sex Discrimination, Statute of Limitations

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James Gregory

Tips For Setting Employees’ Salaries And Benefits For MultiNational Companies

Setting the correct salary is never easy and is more an art than a science. In the current economic climate the market fluctuates according to industry, geographical location, budgetary constraints and a whole host of other…more

Bonuses, Discrimination, Employee Benefits, Minimum Wage, Multinationals

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Allana Grinshteyn

SEC Announces Additional Whistleblower Award Based on Assets Seized by Justice Department

After awarding the second-ever whistleblower bounty award pursuant to Section 922 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank) in connection with SEC v. Andrey C. Hicks and Locust Offshore Mgmt.,…more

Dodd-Frank, DOJ, Enforcement Actions, Search & Seizure, SEC

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John Gross

New York's Highest Court Sends Strong Signal That Insurance Companies Will Be Held To Their Coverage Obligations

On June 11, 2013, the New York Court of Appeals decided two groundbreaking insurance coverage cases on public policy grounds…more

Bear Sterns, Disgorgement, Duty to Defend, Indemnification, Insurers

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Daryn Grossman

FINRA Alerts Investors to Bitcoin Risks

Bitcoin remains fixed on the front pages of the business and technology news for both the salacious and the positive. Much attention has been paid to the collapse of the former top bitcoin exchange, Mt. Gox, stemming from the…more

Bitcoins, FINRA, Virtual Currency

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David Grunblatt

USCIS Reaches H-1B Cap for FY 2015 and Conducts Lottery

On Monday, April 7th, United States Citizenship and Immigration Services (USCIS) announced it had received enough H-1B petitions to reach the cap of 65,000 for Fiscal Year (FY) 2015, as well as the 20,000 limit for those…more

H-1B, Highly-Skilled Workers Visa, Hiring & Firing, Lottery, USCIS

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Abraham Gutwein

The ERISA Litigation Newsletter; November 2013

In This Issue: - Labor and Employment and ERISA Class Actions After Wal-Mart and Comcast — Practice Points for Defendants (Part I – Commonality)* - Agencies Release Guidance on HRAs, FSAs, and Employer Payment Plans…more

Affordable Care Act, Class Action, Class Certification, Comcast, Competition

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Paul M. Hamburger

The ERISA Litigation Newsletter - March 2014

Our first article this month addresses the treatment of the attorney-client privilege in employee benefits matters. Pursuant to the so-called "fiduciary exception," communications between an attorney and a plan fiduciary are not…more

Attorney-Client Privilege, Confidential Communications, ERISA, Fiduciary Duty, Legal Advice Privilege

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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

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Mark Harris

Private Fund Managers Be Aware: FCPA Enforcement Is Coming Your Way

The increased globalization of the private investment industry has given rise to an enhanced focus by U.S. prosecutors and regulators on rooting out corrupt business activities in private equity firms and hedge funds. As private…more

Compliance, Enforcement Actions, FCPA, Fund Managers

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Scott Harshbarger

ACT Report on IRS and Small Exempt Organizations

The Advisory Committee on Tax Exempt and Government Entities (ACT) has released its annual report and recommendations to the IRS on selected issues concerning exempt organizations, employee benefit plans, tax-exempt financing,…more

Exempt Organizations, IRS

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Colleen Hart

The ERISA Litigation Newsletter; November 2013

In This Issue: - Labor and Employment and ERISA Class Actions After Wal-Mart and Comcast — Practice Points for Defendants (Part I – Commonality)* - Agencies Release Guidance on HRAs, FSAs, and Employer Payment Plans…more

Affordable Care Act, Class Action, Class Certification, Comcast, Competition

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Jenna Hayes

San Francisco "Bans the Box" for Private Employers and City Contractors

The Mayor of San Francisco recently signed an ordinance that prohibits private employers and city contractors and subcontractors (collectively "contractors") from asking job applicants about their criminal histories until after…more

Arrest and Conviction Records, Ban the Box, Criminal Background Checks, Employment Application, Hiring & Firing

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Lisa Berkowitz Herrnson

The ERISA Litigation Newsletter - January 2014

This month we look at part three of our three part series on Class Actions. In part three, Robert Rachal and M. Todd Mobley address the role of experts in class certification post Wal-Mart and Comcast and how to use and attack…more

Blue Cross, Burden of Proof, Cafeteria Plans, Class Action, Class Certification

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Russell Hirschhorn

The ERISA Litigation Newsletter - March 2014

Our first article this month addresses the treatment of the attorney-client privilege in employee benefits matters. Pursuant to the so-called "fiduciary exception," communications between an attorney and a plan fiduciary are not…more

Attorney-Client Privilege, Confidential Communications, ERISA, Fiduciary Duty, Legal Advice Privilege

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Jonathan Hoagland

Wealth Management Update - September 2013

The September §7520 rate for use with estate planning techniques such as CRTs, CLTs, QPRTs and GRATs is 2.0%, which is the same as the August rate and an increase from July's rate of 1.2%. The applicable federal rate ("AFR") for…more

Estate Planning, Grantor Trusts, IRS, Trusts

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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

China, Hong Kong, Hotels, REIT, SFC

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Harry Hudesman

A Woolley Situation: District of New Jersey Refuses to Enforce Arbitration Clause in Employee Handbook

New Jersey employers should consider the risks of including an arbitration agreement in a standard employment handbook in light of a recent decision by the United States District Court for the District of New Jersey. In Raymours…more

Arbitration, Employee Handbooks, Mandatory Arbitration Clauses

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Steven Hurd

Employers To Face More Concurrent EEOC and Tort Suits after Second Circuit Decision

Last week the U.S. Court of Appeals for the Second Circuit held that filing a charge of discrimination with the U.S. Equal Employment Opportunity Commission (EEOC) does not toll the statute of limitations for state-law tort…more

Discrimination, EEOC, Sex Discrimination, Statute of Limitations

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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

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John Ingrassia

Better vs. Cheaper? – Court Says Cost Trumps Quality in Health Care – Orders Undoing of Physician Group Tie-up

The health care industry is in the midst of a revolution caused by demographic changes, advancements in medical understanding and, of course, Obamacare. As health care providers scramble to adjust to this brave new world, the…more

Affordable Care Act, FTC, Healthcare, Physicians

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Helene Jaffe

Federal Trade Commission Announces 2014 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

Acquisitions, FTC, Hart-Scott-Rodino Act, Interlocking Directorate, Mergers

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George Karibjanian

Wealth Management Update - April 2014

April Interest Rates Hold Steady for GRATs, Sales to Defective Grantor Trusts, and Intra-Family Loans. The April applicable federal rate ("AFR") for use with estate planning techniques such as CRTs, CLTs, QPRTs and GRATs…more

Estate Planning, Estate Tax

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Colin Kass

Better vs. Cheaper? – Court Says Cost Trumps Quality in Health Care – Orders Undoing of Physician Group Tie-up

The health care industry is in the midst of a revolution caused by demographic changes, advancements in medical understanding and, of course, Obamacare. As health care providers scramble to adjust to this brave new world, the…more

Affordable Care Act, FTC, Healthcare, Physicians

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Wayne Katz

Three Point Shot, March 2014

D'oh! Simpsons Voice Actor Scores Big Win in Baseball Character Suit Popcorn, peanuts, character and voice rights in one jam-packed action for declaratory relief! Thank you for joining us on this sunny day at the…more

Breach of Contract, Copyright, Copyright Infringement, Unjust Enrichment

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Andrew Katzenstein

Wealth Management Update - April 2014

April Interest Rates Hold Steady for GRATs, Sales to Defective Grantor Trusts, and Intra-Family Loans. The April applicable federal rate ("AFR") for use with estate planning techniques such as CRTs, CLTs, QPRTs and GRATs…more

Estate Planning, Estate Tax

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William Komaroff

Supreme Court Holds That Criminal Defendants Challenging Pre-Trial Asset Seizure Cannot Contest a Grand Jury’s Determination of Probable Cause

On February 25, 2014, in Kaley v. United States, the U.S. Supreme Court held 6-3 that criminal defendants challenging the legality of a §853(e)(1) pre-trial asset seizure may not contest a grand jury's determination of probable…more

Criminal Prosecution, Frozen Assets, Grand Juries, Kaley v. United States, Probable Cause

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Joshua Kopple

SEC’s Amicus Brief: Internal Whistleblower Reports Covered By Dodd-Frank Anti-Retaliation Provision

As we previously discussed, courts have struggled with determining the scope of the protections in Dodd-Frank’s anti-retaliation provisions. On the one hand, Dodd-Frank defines a “whistleblower” as any individual, or group of…more

Anti-Retaliation Provisions, Dodd-Frank, Retaliation, Sarbanes-Oxley, SEC

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Edward Kornreich

New York Regulations Limiting the Use of State Funds for Administrative Expenses and Executive Compensation Go Into Effect

Implementing Executive Order 38, which was issued by Governor Andrew Cuomo early last year, thirteen New York State agencies have released final regulations placing limits on state funds that can be used for administrative…more

Administrative Expenses, Andrew Cuomo, Executive Compensation, Final Rules, New Legislation

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Sarah Kroll-Rosenbaum

California Judiciary, not Governor, Leading Effort to Reign in Proposition 65 Abuse

Earlier this year, we reported on California Governor Edmund Brown's call for reform of the state's Safe Drinking Water and Toxic Enforcement Act of 1986 – better known as Proposition 65, the number of the ballot initiative that…more

Ballot Measures, Drinking Water, Jerry Brown, Proposed Amendments, Proposition 65

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Rhett Krulla

Federal Trade Commission Announces 2014 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

Acquisitions, FTC, Hart-Scott-Rodino Act, Interlocking Directorate, Mergers

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Bali Kumar

Deadlines Approaching for Employer Return Requirements for ISOs and ESPPs – Reporting Requirements for 2014

Section 6039 of the Internal Revenue Code of 1986, as amended (the "Code"), requires corporations to furnish information statements to their employees (including former employees) and to the Internal Revenue Service ("IRS") with…more

Deadlines, Employee Stock Purchase Plans, Incentive Stock Options, IRS, Reporting Requirements

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Alan Kusinitz

Federal Trade Commission Announces 2014 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

Acquisitions, FTC, Hart-Scott-Rodino Act, Interlocking Directorate, Mergers

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Edward Kwalwasser

Treatment of Foreign Banks under Section 716 of the Dodd-Frank Act and Related Push-Out Provisions

Last month, the Federal Reserve Board issued an Interim Final Rule that treats uninsured U.S. branches and agencies of foreign banks the same as insured depository institutions ("IDIs") for purposes of Section 716 of the…more

Banks, CFTC, Compliance, Dodd-Frank, Federal Reserve

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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

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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

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Ashlie Lawton

Final Regulations for the Mental Health Parity and Addiction Equity Act of 2008

On November 8, 2013, the Departments of Treasury, Labor, and Health and Human Services (collectively, the "Departments") jointly issued final regulations under the Mental Health Parity and Addiction Equity Act of 2008 (the…more

DOL, Employee Benefits, Employer Group Health Plans, Healthcare, HHS

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Marianne Le Moullec

The French Data Protection Authority Fines Google for Breach of French Privacy Laws

After two years of investigation and proceedings regarding Google’s privacy policy, European Data Protection Authorities (DPAs) are now reaching their final decisions against Google. The French DPA (“CNIL”) issued, on January…more

Data Protection, EU, Fines, Google, Privacy Policy

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Michael Lebowich

Hail Mary: NLRB Regional Director Holds College Football Players are Employees

On March 26, 2014, Peter Sung Ohr, the Chicago Regional Director of the National Labor Relations Board (“NLRB”) ruled that members of the Northwestern University football team receiving athletic scholarships are employees, and…more

College Athletes, NLRB, Unions

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Joseph Leccese

Three Point Shot, March 2014

D'oh! Simpsons Voice Actor Scores Big Win in Baseball Character Suit Popcorn, peanuts, character and voice rights in one jam-packed action for declaratory relief! Thank you for joining us on this sunny day at the…more

Breach of Contract, Copyright, Copyright Infringement, Unjust Enrichment

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Shawn Ledingham, Jr

California Judiciary, not Governor, Leading Effort to Reign in Proposition 65 Abuse

Earlier this year, we reported on California Governor Edmund Brown's call for reform of the state's Safe Drinking Water and Toxic Enforcement Act of 1986 – better known as Proposition 65, the number of the ballot initiative that…more

Ballot Measures, Drinking Water, Jerry Brown, Proposed Amendments, Proposition 65

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Fredric Leffler

New Georgia Law Helps Protect Employers from Negligent Hiring and Retention Claims

On April 13, 2014, Georgia's governor signed SB 365 to, in part, protect employers that hire and retain employees with criminal convictions. Under the new law, if the Department of Corrections issues a "Program and Treatment…more

Criminal Records, Department of Corrections, Employee Retention, Hiring & Firing, Negligent Hiring

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Henry Leibowitz

Wealth Management Update - April 2014

April Interest Rates Hold Steady for GRATs, Sales to Defective Grantor Trusts, and Intra-Family Loans. The April applicable federal rate ("AFR") for use with estate planning techniques such as CRTs, CLTs, QPRTs and GRATs…more

Estate Planning, Estate Tax

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Jeremy Leifer

Hong Kong SFC Continues To Step Up Its Enforcement Action amidst Enhanced Regulation of IPO Sponsors

With the date for the introduction of the new regulatory regime for IPO sponsors now just a matter of weeks away on October 1, 2013, the Hong Kong market has witnessed further action taken by the Securities and Futures…more

Compliance, Enforcement Actions, Futures, Hong Kong, Investors

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Jacklina Len

Court Holds Arbitration Agreement Requiring Employee to Pay Half of Arbitration Costs is Unconscionable

In Chavarria v. Ralphs Grocery Co., No. 11-56673, 2013 WL 5779332 (9th Cir. Oct. 28, 2013), the plaintiff, a former deli clerk, brought a class action against Ralphs for various alleged wage and hour violations of the California…more

Arbitration, Arbitration Agreements, Employment Contract, Unconscionable Contracts

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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

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Erica Loomba

USCIS Reaches H-1B Cap for FY 2015 and Conducts Lottery

On Monday, April 7th, United States Citizenship and Immigration Services (USCIS) announced it had received enough H-1B petitions to reach the cap of 65,000 for Fiscal Year (FY) 2015, as well as the 20,000 limit for those…more

H-1B, Highly-Skilled Workers Visa, Hiring & Firing, Lottery, USCIS

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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

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Charley Lozada

Article 29 Working Party Provides Guidance on Obtaining Valid Cookie Consent in the EU

This past month, the European Union’s Article 29 Data Protection Working Party (the “Working Party”) issued the Working Document 02/2013 providing new guidance on obtaining consent for cookies (“Working Document”). The Working…more

Cookies, Data Protection, EU, Internet, Privacy Laws

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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

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Vanessa Maczko

Wealth Management Update - October 2013

The October § 7520 rate for use with estate planning techniques such as CRTs, CLTs, QPRTs and GRATs is 2.4%. This is up from September's 2.0% rate. The applicable federal rate ("AFR") for use with a sale to a defective grantor…more

Beneficiaries, Estate Planning, Generation-Skipping Transfer, Gift Tax, Grantor Retained Annuity Trust

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Sigal Mandelker

Supreme Court Holds That Criminal Defendants Challenging Pre-Trial Asset Seizure Cannot Contest a Grand Jury’s Determination of Probable Cause

On February 25, 2014, in Kaley v. United States, the U.S. Supreme Court held 6-3 that criminal defendants challenging the legality of a §853(e)(1) pre-trial asset seizure may not contest a grand jury's determination of probable…more

Criminal Prosecution, Frozen Assets, Grand Juries, Kaley v. United States, Probable Cause

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Marc Mandelman

Sixth Circuit Affirms Summary Judgment Against EEOC in Credit Check Suit

In Equal Employment Opportunity Commission ("EEOC") v. Kaplan Higher Education Corp., No. 13-3408 (6th Cir. Apr. 9, 2014), the U.S. Court of Appeals for the Sixth Circuit affirmed the award of summary judgment against the EEOC…more

Civil Rights Act, Credit Checks, EEOC, Summary Judgment, Title VII

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Peter J. Marathas Jr

The ERISA Litigation Newsletter - March 2014

Our first article this month addresses the treatment of the attorney-client privilege in employee benefits matters. Pursuant to the so-called "fiduciary exception," communications between an attorney and a plan fiduciary are not…more

Attorney-Client Privilege, Confidential Communications, ERISA, Fiduciary Duty, Legal Advice Privilege

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Lucas Markowitz

Watch Out for “Watchdogs”: The N.J. Appellate Division Expressly Expands CEPA Protection To a New Class of Employees

On September 4, 2013, the New Jersey Appellate Division in Lippman v. Ethicon, Inc., Docket No. L–9025–06, 2013 WL 4726834 (App. Div. September 04, 2013), reversed a ruling by the Superior Court, Law Division granting summary…more

CEPA, Hiring & Firing, Johnson & Johnson, Safety Precautions, Whistleblowers

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Allison Lynn Martin

Wisconsin Latest State to Provide Social Media Protections to Applicants and Employees

On April 8, 2014, Governor Scott Walker signed Wisconsin Act 208 to prohibit employers from requiring or requesting that prospective and current employees disclose usernames and passwords for their personal Internet accounts…more

Employee Rights, Employer Liability Issues, Hiring & Firing, Internet Privacy, Passwords

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Cecile Martin

In The Netherlands And France: Can You Get Away With Insulting Your Boss On Social Media?

In France, judges consider that the answer to this question depends on the parameters of the employee’s profile on Facebook. In a decision of April 10, 2013, the French Supreme Court ruled that when insulting comments are…more

Defamation, EU, Facebook, Social Media

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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

FINRA Alerts Investors to Bitcoin Risks

Bitcoin remains fixed on the front pages of the business and technology news for both the salacious and the positive. Much attention has been paid to the collapse of the former top bitcoin exchange, Mt. Gox, stemming from the…more

Bitcoins, FINRA, Virtual Currency

See All Updates »

Sean McGrath

The ERISA Litigation Newsletter; November 2013

In This Issue: - Labor and Employment and ERISA Class Actions After Wal-Mart and Comcast — Practice Points for Defendants (Part I – Commonality)* - Agencies Release Guidance on HRAs, FSAs, and Employer Payment Plans…more

Affordable Care Act, Class Action, Class Certification, Comcast, Competition

See All Updates »

Kathleen McKenna

Employers To Face More Concurrent EEOC and Tort Suits after Second Circuit Decision

Last week the U.S. Court of Appeals for the Second Circuit held that filing a charge of discrimination with the U.S. Equal Employment Opportunity Commission (EEOC) does not toll the statute of limitations for state-law tort…more

Discrimination, EEOC, Sex Discrimination, Statute of Limitations

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Valarie McPherson

USCIS Reaches H-1B Cap for FY 2015 and Conducts Lottery

On Monday, April 7th, United States Citizenship and Immigration Services (USCIS) announced it had received enough H-1B petitions to reach the cap of 65,000 for Fiscal Year (FY) 2015, as well as the 20,000 limit for those…more

H-1B, Highly-Skilled Workers Visa, Hiring & Firing, Lottery, USCIS

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Ronald Meisburg

Advice, Anyone?

The NLRB General Counsel has issued a memorandum setting out those cases and issues he wants sent from the regional offices to the Division of Advice in Washington, DC. The Division of Advice, as the name suggests, is the arm of…more

NLRB

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Amy Melican

NYSDOL Issues Proposed Wage Deduction Regulations

The New York State Department of Labor (NYSDOL) has now issued proposed Wage Deduction regulations with respect to Section 193 of the New York Labor Law (NYLL)…more

Department of Labor & Industry, Proposed Regulation, Wage Deductions, Wages

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Andrew Merten

Governor Cuomo Signs New York Non-Profit Revitalization Act of 2013

The New York Non-Profit Revitalization Act of 2013 (the “Act”), which was passed by the New York State legislature in June, was signed into law by Governor Andrew Cuomo last week. The Act seeks to modernize the New York…more

Andrew Cuomo, Non-Profits, NPCL

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Joshua Miller

The ERISA Litigation Newsletter - April 2014

This month we discuss the evolving case law on the issue of whether unpaid employer contributions due under a collective bargaining agreement can be viewed as plan assets such that the individuals who decide to withhold such…more

Breach of Duty, Collective Bargaining, ERISA, Executive Compensation, Fiduciary Duty

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Elizabeth Mills

The ERISA Litigation Newsletter - April 2014

This month we discuss the evolving case law on the issue of whether unpaid employer contributions due under a collective bargaining agreement can be viewed as plan assets such that the individuals who decide to withhold such…more

Breach of Duty, Collective Bargaining, ERISA, Executive Compensation, Fiduciary Duty

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Jeremy M. Mittman

What Are The Main Differences For Dismissing An Employee Between The US And France?

Contrary to the U.S., which has the concept of “at-will” termination, to dismiss an employee in France, an employer must have a “real and serious cause” and must comply with a specific procedure. The cause is not pre-determined…more

At-Will Employment, Employee Rights, Employment Contract, Termination

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Todd Mobley

The ERISA Litigation Newsletter - April 2014

This month we discuss the evolving case law on the issue of whether unpaid employer contributions due under a collective bargaining agreement can be viewed as plan assets such that the individuals who decide to withhold such…more

Breach of Duty, Collective Bargaining, ERISA, Executive Compensation, Fiduciary Duty

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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

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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

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Harris M. Mufson

OSHA Releases Interim Dodd-Frank Whistleblower Regulations

OSHA recently released the interim final text of regulations implementing the whistleblower protection provision (Section 1057) in Dodd-Frank. The interim final regulations establish the timing and processes for handling…more

Administrative Review Board, ALJ, Dodd-Frank, DOL, OSHA

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David Munkittrick

On the Horizon: FCC’s New Telemarketing Rules

On October 16, 2013, the Federal Communications Commission’s (“FCC”) new rule implementing the Telephone Consumer Protection Act (“TCPA”) will go into effect. These are rules with teeth, as the TCPA allows recovery of…more

FCC, FCPA, Marketing, Telemarketing

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Damian Myers

The ERISA Litigation Newsletter - March 2014

Our first article this month addresses the treatment of the attorney-client privilege in employee benefits matters. Pursuant to the so-called "fiduciary exception," communications between an attorney and a plan fiduciary are not…more

Attorney-Client Privilege, Confidential Communications, ERISA, Fiduciary Duty, Legal Advice Privilege

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Jeff Neuburger

FINRA Alerts Investors to Bitcoin Risks

Bitcoin remains fixed on the front pages of the business and technology news for both the salacious and the positive. Much attention has been paid to the collapse of the former top bitcoin exchange, Mt. Gox, stemming from the…more

Bitcoins, FINRA, Virtual Currency

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Amanda Nussbaum

Recaps from Proskauer’s 18th Annual Trick or Treat Tax Exempt Seminar

Proskauer’s 18th Annual Trick or Treat Seminar was held on Thursday, October 31. The Seminar discussed: - Statutory Authority of New York Attorney General’s Charities Bureau - Proposed Revisions to New…more

Exempt Organizations, Exemptions, Tax Exemptions

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Joseph C. O'Keefe

New Jersey Employers Must Display Two Updated Posters

The New Jersey Department of Labor and Workforce Development ("Department") recently updated two of the posters that employers must conspicuously display in the workplace. The first updated poster—the New Jersey State Wage and…more

Employee Rights, NLRB, Wage and Hour

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Brendan O'Rourke

Supreme Court Resolves Circuit Split on Standing in Lanham Act False Advertising Cases

Today, the U.S. Supreme Court resolved a circuit split on the crucial issue of who has standing to sue for false advertising under the Lanham Act. In a unanimous decision authored by Justice Scalia, the Court held that to have…more

False Advertising, Lanham Act, SCOTUS

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Thelma Ofori

The ERISA Litigation Newsletter; November 2013

In This Issue: - Labor and Employment and ERISA Class Actions After Wal-Mart and Comcast — Practice Points for Defendants (Part I – Commonality)* - Agencies Release Guidance on HRAs, FSAs, and Employer Payment Plans…more

Affordable Care Act, Class Action, Class Certification, Comcast, Competition

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Anthony Oncidi

San Francisco Releases "Ban the Box" Notice for Posting and Distribution

San Francisco's new Fair Chance Ordinance ("FCO") "bans the box" and otherwise restricts private employers and City contractors from inquiring into or considering certain criminal offenses when making hiring and personnel…more

Background Checks, Ban the Box, Criminal Background Checks

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Jon Oram

Three Point Shot, March 2014

D'oh! Simpsons Voice Actor Scores Big Win in Baseball Character Suit Popcorn, peanuts, character and voice rights in one jam-packed action for declaratory relief! Thank you for joining us on this sunny day at the…more

Breach of Contract, Copyright, Copyright Infringement, Unjust Enrichment

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Daniel Ornstein

UK Whistleblowing – tips on the rise and the possibility of bounty

Whistleblowing tips reported to the Financial Conduct Authority (the “FCA”), one of the UK bodies with responsibility for regulating the financial services industry, have increased 35 per cent in the past 12 months according to…more

Compliance, Employer Liability Issues, FCA, UK, Whistleblowers

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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

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Katharine Parker

New Georgia Law Helps Protect Employers from Negligent Hiring and Retention Claims

On April 13, 2014, Georgia's governor signed SB 365 to, in part, protect employers that hire and retain employees with criminal convictions. Under the new law, if the Department of Corrections issues a "Program and Treatment…more

Criminal Records, Department of Corrections, Employee Retention, Hiring & Firing, Negligent Hiring

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Steven J. Pearlman

OSHA Releases Interim Dodd-Frank Whistleblower Regulations

OSHA recently released the interim final text of regulations implementing the whistleblower protection provision (Section 1057) in Dodd-Frank. The interim final regulations establish the timing and processes for handling…more

Administrative Review Board, ALJ, Dodd-Frank, DOL, OSHA

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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

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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

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Betsy Plevan

New York Court of Appeals Clarifies Important Questions about Tip-sharing Statute

On June 26, 2013, New York's highest court for the first time weighed in and ruled on what types of employees are qualified to participate in tip-splitting or tip-pooling arrangements under the New York Labor Law, as well as the…more

DOL, Restaurant Industry, Tip-Pooling, Wages

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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

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Gail Port

US EPA Approves New Standard for Conducting Phase I Environmental Site Assessments

The United States Environmental Protection Agency (EPA) recently issued its final rule amending the standards and practices for conducting environmental "all appropriate inquiries" to include a new standard recently made…more

ASTM, CERCLA, Due Diligence, Environmental Assessments, Environmental Policies

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David Pratt

Wealth Management Update - April 2014

April Interest Rates Hold Steady for GRATs, Sales to Defective Grantor Trusts, and Intra-Family Loans. The April applicable federal rate ("AFR") for use with estate planning techniques such as CRTs, CLTs, QPRTs and GRATs…more

Estate Planning, Estate Tax

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Robert Projansky

The ERISA Litigation Newsletter - April 2014

This month we discuss the evolving case law on the issue of whether unpaid employer contributions due under a collective bargaining agreement can be viewed as plan assets such that the individuals who decide to withhold such…more

Breach of Duty, Collective Bargaining, ERISA, Executive Compensation, Fiduciary Duty

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Robert Rachal

The ERISA Litigation Newsletter - January 2014

This month we look at part three of our three part series on Class Actions. In part three, Robert Rachal and M. Todd Mobley address the role of experts in class certification post Wal-Mart and Comcast and how to use and attack…more

Blue Cross, Burden of Proof, Cafeteria Plans, Class Action, Class Certification

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Andrea Rattner

Deadlines Approaching for Employer Return Requirements for ISOs and ESPPs – Reporting Requirements for 2014

Section 6039 of the Internal Revenue Code of 1986, as amended (the "Code"), requires corporations to furnish information statements to their employees (including former employees) and to the Internal Revenue Service ("IRS") with…more

Deadlines, Employee Stock Purchase Plans, Incentive Stock Options, IRS, Reporting Requirements

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Brian S. Rauch

Oxford Health Plans v. Sutter

Arbitration clauses meant to prohibit class action arbitrations, whether in employment agreements or other documents, need to be reviewed after a recent Supreme Court decision…more

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Madeline Chimento Rea

Ninth Circuit Says Disability Plan Participant’s Claim Is Time-Barred

The Ninth Circuit in Gordon v. Deloitte & Touche, LLP Group Long Term Disability Plan, 2014 WL 1394962 (9th Cir. Apr. 11, 2014) affirmed summary judgment in favor of a long term disability plan on the ground that the…more

Denial of Benefits, Disability, Disability Discrimination

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Laura Reathaford

Ninth Circuit Clarifies CAFA Removal Requirements

In its recent per curiam opinion in Rea v. Michaels Stores, Inc., the U.S. Court of Appeals for the Ninth Circuit clarified rules and procedures relevant to defendants seeking to remove cases to federal court. In Rea, the…more

CAFA, Class Action, Exempt-Employees, Michaels, Misclassification

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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

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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

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Howard Robbins

Three Point Shot, March 2014

D'oh! Simpsons Voice Actor Scores Big Win in Baseball Character Suit Popcorn, peanuts, character and voice rights in one jam-packed action for declaratory relief! Thank you for joining us on this sunny day at the…more

Breach of Contract, Copyright, Copyright Infringement, Unjust Enrichment

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Kathy H. Rocklen

Treatment of Foreign Banks under Section 716 of the Dodd-Frank Act and Related Push-Out Provisions

Last month, the Federal Reserve Board issued an Interim Final Rule that treats uninsured U.S. branches and agencies of foreign banks the same as insured depository institutions ("IDIs") for purposes of Section 716 of the…more

Banks, CFTC, Compliance, Dodd-Frank, Federal Reserve

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Coralie Roos

What Are The Main Differences For Dismissing An Employee Between The US And France?

Contrary to the U.S., which has the concept of “at-will” termination, to dismiss an employee in France, an employer must have a “real and serious cause” and must comply with a specific procedure. The cause is not pre-determined…more

At-Will Employment, Employee Rights, Employment Contract, Termination

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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

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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

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Myron Rumeld

The ERISA Litigation Newsletter - July 2013

As Amy Covert and Aaron Feuer discuss below, the U.S. Supreme Court granted certiorari in Heimeshoff v. Hartford Life & Accident Insurance Co. where it is expected to rule next term on whether plan sponsors may dictate in the…more

Affordable Care Act, Certiorari, Compensation & Benefits, ERISA, Fees

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Bradley Ruskin

Three Point Shot, March 2014

D'oh! Simpsons Voice Actor Scores Big Win in Baseball Character Suit Popcorn, peanuts, character and voice rights in one jam-packed action for declaratory relief! Thank you for joining us on this sunny day at the…more

Breach of Contract, Copyright, Copyright Infringement, Unjust Enrichment

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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

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Lawrence Sandak

New Jersey Employers Must Display Two Updated Posters

The New Jersey Department of Labor and Workforce Development ("Department") recently updated two of the posters that employers must conspicuously display in the workplace. The first updated poster—the New Jersey State Wage and…more

Employee Rights, NLRB, Wage and Hour

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Daniel Saperstein

New Georgia Law Helps Protect Employers from Negligent Hiring and Retention Claims

On April 13, 2014, Georgia's governor signed SB 365 to, in part, protect employers that hire and retain employees with criminal convictions. Under the new law, if the Department of Corrections issues a "Program and Treatment…more

Criminal Records, Department of Corrections, Employee Retention, Hiring & Firing, Negligent Hiring

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Seth Schafler

New York's Highest Court Sends Strong Signal That Insurance Companies Will Be Held To Their Coverage Obligations

On June 11, 2013, the New York Court of Appeals decided two groundbreaking insurance coverage cases on public policy grounds…more

Bear Sterns, Disgorgement, Duty to Defend, Indemnification, Insurers

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Neal Schelberg

Unpaid Employer Contributions as Plan Assets: Expansion Of Liability Under ERISA

The Employee Retirement Income Security Act of 1974, as amended (“ERISA”), requires trustees of multiemployer pension and benefit funds to collect contributions required to be made by contributing employers under their…more

CBAs, Commercial Bankruptcy, Employee Benefits, Employer Contributions, Employer Liability Issues

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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

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Robert Schwartz

A Woolley Situation: District of New Jersey Refuses to Enforce Arbitration Clause in Employee Handbook

New Jersey employers should consider the risks of including an arbitration agreement in a standard employment handbook in light of a recent decision by the United States District Court for the District of New Jersey. In Raymours…more

Arbitration, Employee Handbooks, Mandatory Arbitration Clauses

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Adam Scoll

The ERISA Litigation Newsletter - August 2013

In this month's newsletter we address ten important issues to consider when drafting and amending a summary plan description…more

ERISA, Litigation Strategies, Summary Plan Description

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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

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Kevin Shah

The First Amendment Goes Digital – Clicking “Like” on Facebook is Speech

With around 1.15 billion members, Facebook is a massive, global forum for communicating with friends and the world. For many users, it often feels as if their news feeds are clogged with vapid comments about the weather, meal…more

Facebook, First Amendment, Free Speech

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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

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Howard Shapiro

The ERISA Litigation Newsletter - September 2013

Editor's Overview - Health care issues make the headlines once again in this month's ERISA Litigation Newsletter. Tzvia Feiertag first provides practical and timely tips for insured ERISA health plan sponsors on managing…more

Benefit Plan Sponsors, DOL, DOMA, Employee Benefits, ERISA

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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

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Leslie Silverman

Supreme Court’s Sandifer Decision Is Not Just About Changing Clothes

In Sandifer et al. v. United States Steel Corp., a unanimous Supreme Court clarified the meaning of "changing clothes" found in Section 203(o) of the Fair Labor Standards Act ("FLSA" or "Act"), holding that "changing clothes"…more

Collective Bargaining, FLSA, Protective Gear, Sandifer v U.S. Steel Corp, SCOTUS

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Yelena Simonyuk

US EPA Approves New Standard for Conducting Phase I Environmental Site Assessments

The United States Environmental Protection Agency (EPA) recently issued its final rule amending the standards and practices for conducting environmental "all appropriate inquiries" to include a new standard recently made…more

ASTM, CERCLA, Due Diligence, Environmental Assessments, Environmental Policies

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Michael Sirkin

Deadline Looming for Comments on SEC Proposed Rules on CEO Pay Ratio Disclosure

The Securities and Exchange Commission (SEC) recently released its proposed rules to amend Item 402 of Regulation S-K to implement the pay ratio disclosure requirement in accordance with Section 953(b) of the Dodd-Frank Wall…more

CEOs, Disclosure Requirements, Dodd-Frank, Executive Compensation, Pay Ratio

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Dietrich Snell

Supreme Court Holds That Criminal Defendants Challenging Pre-Trial Asset Seizure Cannot Contest a Grand Jury’s Determination of Probable Cause

On February 25, 2014, in Kaley v. United States, the U.S. Supreme Court held 6-3 that criminal defendants challenging the legality of a §853(e)(1) pre-trial asset seizure may not contest a grand jury's determination of probable…more

Criminal Prosecution, Frozen Assets, Grand Juries, Kaley v. United States, Probable Cause

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Elizabeth Spector

City Council Expands New York City Earned Sick Time Act

Yesterday, the New York City Council passed an amendment to the New York City Earned Sick Time Act (the "Act") expanding its coverage in several significant ways. The law, as amended, will take effect on April 1, 2014. As…more

Accrued Benefits, Employee Benefits, Employee Rights, Sick Leave

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Michael Spencer

The ERISA Litigation Newsletter - August 2013

In this month's newsletter we address ten important issues to consider when drafting and amending a summary plan description…more

ERISA, Litigation Strategies, Summary Plan Description

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Erika Stallings

Supreme Court Holds That State Attorney General Suits Brought on Behalf of a State's Residents Cannot Be Removed to Federal Court Under the Class Action Fairness Act

On January 14, 2014, in Mississippi ex rel. Hood v. AU Optronics Corp., the U.S. Supreme Court unanimously held that lawsuits brought by state attorneys general seeking, among other things, recovery of funds for the benefit of a…more

Attorney Generals, CAFA, Class Action, Manufacturers, Mississippi ex rel. Hood v. AU Optronics

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Joshua Stein

Broad Definition of "Disability" Endorsed By Fourth Circuit

In its recently published opinion in Summers v. Altarum Institute, Corp., No. 13-1645, decided January 23, 2014, the United States Court of Appeals for the Fourth Circuit became the first federal appellate court to hold that a…more

ADA, ADAAA, Disability

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Lisa Stern

Wealth Management Update - April 2014

April Interest Rates Hold Steady for GRATs, Sales to Defective Grantor Trusts, and Intra-Family Loans. The April applicable federal rate ("AFR") for use with estate planning techniques such as CRTs, CLTs, QPRTs and GRATs…more

Estate Planning, Estate Tax

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Charles Stiegler

Ninth Circuit Invalidates Attempt To Plead Around CAFA’s Jurisdictional Amount In Controversy

In 2005, Congress passed the Class Action Fairness Act (CAFA), which creates federal jurisdiction over class actions involving more than 100 class members and $5 million in controversy…more

Amount in Controversy, CAFA, Class Action, Federal Jurisdiction

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Heather Stone

The ERISA Litigation Newsletter - August 2013

In this month's newsletter we address ten important issues to consider when drafting and amending a summary plan description…more

ERISA, Litigation Strategies, Summary Plan Description

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Kenneth Sulzer

San Francisco Releases "Ban the Box" Notice for Posting and Distribution

San Francisco's new Fair Chance Ordinance ("FCO") "bans the box" and otherwise restricts private employers and City contractors from inquiring into or considering certain criminal offenses when making hiring and personnel…more

Background Checks, Ban the Box, Criminal Background Checks

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Philip Susswein

Wealth Management Update - April 2014

April Interest Rates Hold Steady for GRATs, Sales to Defective Grantor Trusts, and Intra-Family Loans. The April applicable federal rate ("AFR") for use with estate planning techniques such as CRTs, CLTs, QPRTs and GRATs…more

Estate Planning, Estate Tax

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Praveena Swanson

USCIS Reaches H-1B Cap for FY 2015 and Conducts Lottery

On Monday, April 7th, United States Citizenship and Immigration Services (USCIS) announced it had received enough H-1B petitions to reach the cap of 65,000 for Fiscal Year (FY) 2015, as well as the 20,000 limit for those…more

H-1B, Highly-Skilled Workers Visa, Hiring & Firing, Lottery, USCIS

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Ivan Taback

Wealth Management Update - April 2014

April Interest Rates Hold Steady for GRATs, Sales to Defective Grantor Trusts, and Intra-Family Loans. The April applicable federal rate ("AFR") for use with estate planning techniques such as CRTs, CLTs, QPRTs and GRATs…more

Estate Planning, Estate Tax

See All Updates »

Yuval Tal

Hong Kong SFC Continues To Step Up Its Enforcement Action amidst Enhanced Regulation of IPO Sponsors

With the date for the introduction of the new regulatory regime for IPO sponsors now just a matter of weeks away on October 1, 2013, the Hong Kong market has witnessed further action taken by the Securities and Futures…more

Compliance, Enforcement Actions, Futures, Hong Kong, Investors

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Nicholas Tamburri

Philadelphia Latest to Protect Pregnancy, Require Reasonable Accommodation

Philadelphia recently amended the city's fair practices ordinance to expand the protections against discrimination for employees based on pregnancy, childbirth, or a related medical condition. The amendment, which is similar to…more

Employee Rights, Pregnancy, Pregnancy Discrimination, Reasonable Accommodation

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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

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Kelly Anne Targett

New Georgia Law Helps Protect Employers from Negligent Hiring and Retention Claims

On April 13, 2014, Georgia's governor signed SB 365 to, in part, protect employers that hire and retain employees with criminal convictions. Under the new law, if the Department of Corrections issues a "Program and Treatment…more

Criminal Records, Department of Corrections, Employee Retention, Hiring & Firing, Negligent Hiring

See All Updates »

Nigel Telman

Employers To Face More Concurrent EEOC and Tort Suits after Second Circuit Decision

Last week the U.S. Court of Appeals for the Second Circuit held that filing a charge of discrimination with the U.S. Equal Employment Opportunity Commission (EEOC) does not toll the statute of limitations for state-law tort…more

Discrimination, EEOC, Sex Discrimination, Statute of Limitations

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Mark Theodore

San Francisco Releases "Ban the Box" Notice for Posting and Distribution

San Francisco's new Fair Chance Ordinance ("FCO") "bans the box" and otherwise restricts private employers and City contractors from inquiring into or considering certain criminal offenses when making hiring and personnel…more

Background Checks, Ban the Box, Criminal Background Checks

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Austen Townsend

The ERISA Litigation Newsletter - June 2013

Our articles this month focus on health care reform. First, Jim Napoli and Brian Neulander comment on the potential for litigation under the Affordable Care Act's (ACA's) whistleblower protections and ERISA Section 510 as a…more

Affordable Care Act, COBRA, Data Breach, Data Protection, DOL

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Paresh Trivedi

FINRA Alerts Investors to Bitcoin Risks

Bitcoin remains fixed on the front pages of the business and technology news for both the salacious and the positive. Much attention has been paid to the collapse of the former top bitcoin exchange, Mt. Gox, stemming from the…more

Bitcoins, FINRA, Virtual Currency

See All Updates »

Jay Waxenberg

Wealth Management Update - April 2014

April Interest Rates Hold Steady for GRATs, Sales to Defective Grantor Trusts, and Intra-Family Loans. The April applicable federal rate ("AFR") for use with estate planning techniques such as CRTs, CLTs, QPRTs and GRATs…more

Estate Planning, Estate Tax

See All Updates »

Lawrence Weinstein

Supreme Court Resolves Circuit Split on Standing in Lanham Act False Advertising Cases

Today, the U.S. Supreme Court resolved a circuit split on the crucial issue of who has standing to sue for false advertising under the Lanham Act. In a unanimous decision authored by Justice Scalia, the Court held that to have…more

False Advertising, Lanham Act, SCOTUS

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Steven Weinstein

The ERISA Litigation Newsletter - August 2013

In this month's newsletter we address ten important issues to consider when drafting and amending a summary plan description…more

ERISA, Litigation Strategies, Summary Plan Description

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Jacquelyn Weisman

The Supreme Court’s Decision to Affirm An Arbitrator’s Decision Compelling Class Arbitration May Be Most Notable For What Was Not Said

ERISA plan sponsors, and employers more broadly, have been anxiously awaiting two rulings from the U.S. Supreme Court that they hope would clarify the ability to enforce class action waivers in arbitration agreements…more

Arbitration Agreements, Class Action, ERISA, SCOTUS, Waivers

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Allan Weitzman

New Georgia Law Helps Protect Employers from Negligent Hiring and Retention Claims

On April 13, 2014, Georgia's governor signed SB 365 to, in part, protect employers that hire and retain employees with criminal convictions. Under the new law, if the Department of Corrections issues a "Program and Treatment…more

Criminal Records, Department of Corrections, Employee Retention, Hiring & Firing, Negligent Hiring

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Andrew Wellin

Supreme Court Holds Reverse Payment Settlements Are Subject to Rule-of-Reason Scrutiny in Landmark Ruling

In Federal Trade Commission v. Actavis, Inc., the Supreme Court, in a 5-3 decision written by Justice Breyer, reversed the Eleventh Circuit's dismissal of an FTC complaint under Section 5 of the Federal Trade Commission Act…more

ANDA, Antitrust Litigation, FTC, FTC v Actavis, Generic Drugs

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Jennifer Wexler

USCIS Reaches H-1B Cap for FY 2015 and Conducts Lottery

On Monday, April 7th, United States Citizenship and Immigration Services (USCIS) announced it had received enough H-1B petitions to reach the cap of 65,000 for Fiscal Year (FY) 2015, as well as the 20,000 limit for those…more

H-1B, Highly-Skilled Workers Visa, Hiring & Firing, Lottery, USCIS

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Amanda Wiley

N.D. Ill. Denies Employer Summary Judgment On Retaliation Claim, Stressing Shifting Explanation For Discharge

The U.S. District Court for the Northern District of Illinois recently ruled that a retaliation claim survived summary judgment because of the “convincing mosaic” of evidence of retaliation the Plaintiff presented, particularly …more

Discrimination, EEOC, Evidence, Hiring & Firing, Retaliation

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Jennifer Yang

Supreme Court Resolves Circuit Split on Standing in Lanham Act False Advertising Cases

Today, the U.S. Supreme Court resolved a circuit split on the crucial issue of who has standing to sue for false advertising under the Lanham Act. In a unanimous decision authored by Justice Scalia, the Court held that to have…more

False Advertising, Lanham Act, SCOTUS

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Richard Zall

Better vs. Cheaper? – Court Says Cost Trumps Quality in Health Care – Orders Undoing of Physician Group Tie-up

The health care industry is in the midst of a revolution caused by demographic changes, advancements in medical understanding and, of course, Obamacare. As health care providers scramble to adjust to this brave new world, the…more

Affordable Care Act, FTC, Healthcare, Physicians

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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

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Amy Zelcer

IRS Introduces New Procedures for Reinstatement of Tax-Exempt Status

Tax-exempt organizations that have had their tax-exempt status automatically revoked because of failure to file required annual returns for three consecutive years can follow new procedures for seeking reinstatement of their tax…more

Exempt Organizations, IRS, Reinstatement, Tax Exemptions

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K.M. Zouhary

Sixth Circuit Affirms Summary Judgment Against EEOC in Credit Check Suit

In Equal Employment Opportunity Commission ("EEOC") v. Kaplan Higher Education Corp., No. 13-3408 (6th Cir. Apr. 9, 2014), the U.S. Court of Appeals for the Sixth Circuit affirmed the award of summary judgment against the EEOC…more

Civil Rights Act, Credit Checks, EEOC, Summary Judgment, Title VII

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