Proskauer Rose LLP

SEC and DOJ Charge Board Member with Trading on Inside Information . . . During a Board Meeting

On Friday, the SEC filed a complaint against James C. Cope, a former member of the Executive Committee of Pinnacle Financial Partners’ (“PFP”) board of directors, alleging that he engaged in insider trading. The same day, Cope…more
| Commercial Law & Contracts, Mergers & Acquisitions, Securities Law

FAQ About California's New Law on Venue and Choice of Law in Employment Agreements

We recently blogged about Governor Brown signing S.B. 1241, which is now codified as Section 925 of the California Labor Code. The law, which affects venue and choice of law provisions in agreements entered into as a condition…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Commercial Law & Contracts, Elections & Politics, Labor & Employment Law

‘October Revise’ in the NY Commercial Division

This month, the Office of Court Administration publicized three proposed changes to the NY Commercial Division Rules that received slightly less attention than the publication of the infamous Donald Trump/Billy Bush videotape…more
| Civil Procedure

FTC Reverses Prior Position – Buyers Must Now Count All New Debt as Part of the Transaction Size for HSR Purposes

The Federal Trade Commission's Premerger Notification Office has expanded the Hart-Scott-Rodino (HSR) reporting requirements for certain leveraged buyouts. M&A practitioners generally are familiar with the HSR premerger…more
| Antitrust & Trade Regulation, Commercial Law & Contracts, Consumer Protection, Mergers & Acquisitions

Accurate Net Weight Disclosures May Defeat Slack-Fill Claims in California

Last April, we reported on Ebner v. Fresh, Inc., in which a Ninth Circuit panel held that the plaintiff failed to state a claim that Sugar lip balm packaging was misleading because it contained non-functional “slack-fill.” Last…more
| Civil Remedies, Communications & Media Law

Loi Travail : les nouvelles règles en matière de durée des accords collectifs

Since August 10, 2016, the rules concerning the duration of collective agreements are changed. Previously, collective agreements in principle were permanent. An express clause could, however, provide a fixed term of up to 5…more
| Commercial Law & Contracts, Labor & Employment Law

Fund Restructurings: How to Navigate a Conflict-Rich Environment

The number of private equity fund restructurings is likely to rise in the coming years. The current economic expansion will inevitably come to an end (at 87 months and counting, this expansion is already the third longest…more
| Commercial Law & Contracts, Finance & Banking, Securities Law

Courts Split on Standing Issues in FCRA Suits After Spokeo

On October 5, 2016, two district courts came to opposite conclusions on whether putative class action plaintiffs had standing to bring claims based on prospective employers’ failure to comply with Fair Credit Reporting Act…more
| Civil Procedure, Civil Remedies, Constitutional Law, Labor & Employment Law, Privacy

New York Rejects Antitrust Defense To Breach Of Distribution Contract

Your client is sued for failure to pay on a contract and says it shouldn’t have to pay because the prices were fixed by a cartel or that it was strong-armed into paying for a “bundle” of services or distribution channels even…more
| Antitrust & Trade Regulation, Civil Procedure, Commercial Law & Contracts

Challenge To The Fair Pay And Safe Workplaces (“Blacklisting”) Rule To Be Heard On October 21, 2016

On October 7, 2016, the first lawsuit challenging the Fair Pay and Safe Workplaces Executive Order (the “Order”) and its Final Rule and Guidance (collectively the “Rule”) was filed in the U.S. District Court for the Eastern…more
| Civil Procedure, Civil Remedies, Civil Rights, Government Contracting, Labor & Employment Law

Seventh Circuit Issues Ruling Interpreting False Claim Act Whistleblower Amendments

The Seventh Circuit recently issued a decision interpreting the anti-retaliation provisions of the False Claims Act (FCA). The decision provides important clarifications about how courts may interpret recent amendments to this…more
| Civil Procedure, Civil Rights, Labor & Employment Law, Government Contracting

OFCCP Director Patricia Shiu To Step Down November 6, 2016

As reported in Bloomberg BNA, Patricia Shiu will be stepping down as Director of the Office of Federal Contractor Compliance Programs (“OFCCP”) on November 6, 2016…more
| Administrative Law, Government Contracting

It’s Not an Illusion! DISH Not Required to Give Credit When Channels Go Dark

Expanded Basic. Choice. Choice Plus. Cable and satellite TV customers pay monthly fees for bundled channel packages of different sizes. The packages are becoming “skinnier,” allowing you to customize your service from a set of…more
| Antitrust & Trade Regulation, Commercial Law & Contracts, Communications & Media Law

Dutch Collective Actions vs. Collective Settlements

As U.S. law has become less willing to entertain certain types of lawsuits on behalf of worldwide classes of plaintiffs, litigants have looked for other forums that might allow the prosecution – or at least the resolution – of…more
| Civil Procedure, Commercial Law & Contracts, Energy & Utilities, Securities Law

De-certifiably Natural – Ninth Circuit Finds “All Natural” Label May be Misleading While Upholding Class Decertification

The Ninth Circuit Court of Appeals recently reversed in part and affirmed in part a Northern District of California ruling concerning the “All Natural Fruit” labeling on Dole’s packaged fruit products. Brazil v. Dole Packaged…more
| Civil Procedure, Commercial Law & Contracts, Communications & Media Law
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