Proskauer Rose LLP

Eleven Times Square (Eighth Avenue & 41st Street)
New York, NY 10036-8299, United States

  • 212.969.3000
  • 212.969.2900

How to Settle an ERISA Breach of Fiduciary Duty Case and Sleep at Night: A Checklist for Plan Trustees to Consider

Plan trustees often look to settle ERISA fiduciary breach claims brought against them as a way to put the past behind them. Assuming there is enough fiduciary liability insurance coverage available to pay the proposed settlement…more
| Civil Procedure, Labor & Employment Law, Finance & Banking, Business Torts, Insurance

Ninth Circuit Breathes Life Into Participant’s Claim for Surcharge

A panel of the Ninth Circuit withdrew its earlier opinion and has now joined other circuits in finding that the equitable remedy of surcharge is available for participants seeking recovery of personal losses as opposed to losses…more
| Civil Procedure, Civil Remedies, Labor & Employment Law, Finance & Banking, Business Torts

401(k) Plan Participant Waived ERISA Stock-Drop Claim

The D.C. Circuit affirmed the decision of a district court that Plaintiff Patrick Russell, a 401(k) plan participant, had knowingly waived his right to assert an ERISA stock-drop claim based on, among other things, the alleged…more
| Civil Procedure, Labor & Employment Law, Finance & Banking, Securities Law

SONY Pictures Breach Stresses Need to Revisit Document and Email Retention Policies

The SONY Pictures cybersecurity breach playing out in public over the last few weeks is just the latest in a series of high profile cybersecurity breaches. This one is a little different than some of the other commercial…more
| Art, Entertainment, & Sports Law, Communications & Media Law, Constitutional Law, Privacy, Science, Computers, & Technology

Procedural Errors Don’t Alter Standard of Review In ERISA Claim for Benefits

The Ninth Circuit recently held that where an ERISA plan provides the plan administrator discretionary authority to determine benefit claims, procedural violations that occur during the course of the administrative claims…more
| Administrative Law, Civil Procedure, Labor & Employment Law, Finance & Banking

National Labor Relations Board Issues New Rules Looking to Speed up Union Election Process

On December 12, 2014, the National Labor Relations Board (NLRB or the Board) issued its long-promised revision to its representation-case procedures. In its 733-page final rule, the Board outlined various changes that will take…more
| Labor & Employment Law

Lawsuits Grow Under “Old” Pennsylvania Background Check Law

A growing number of states and localities have enacted laws that restrict employers from considering certain types of criminal records in hiring and other personnel decisions. Though many of these laws are more recent,…more
| Civil Rights, Labor & Employment Law

NJ Supreme Court to Rule on SOL Waiver

Last week, the New Jersey Supreme Court agreed to address whether to uphold a provision in a job application that limited the time in which an employee could sue the company to no more than 6 months after an alleged adverse…more
| Civil Procedure, Civil Rights, Labor & Employment Law

Multiple PAGA Representative Claims Crumble As Federal Courts Continue To Reject Iskanian and Enforce Arbitration Agreements Containing PAGA Waivers

When the California Supreme Court decided Iskanian v. CLS Transp. Los Angeles, LLC, 59 Cal. 4th 348 (2014), this June, some legal commentators assumed that employees could not waive pre-litigation claims under the Private…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Conflict of Laws, Labor & Employment Law

Native Advertisers Face Closer Scrutiny From Industry Self-Regulatory Bodies

With paywalls and premium subscriptions finding only modest success, paid advertisements remain the primary means of generating revenue from online content. Native advertising has emerged as a leader in the competition for ad…more
| Antitrust & Trade Regulation, Communications & Media Law, Consumer Protection, Privacy

NYS Wage Theft Prevention Action – Summer 2014 Amendments Still Pending

This summer, we wrote about a bill passed by both the New York State Assembly and Senate to amend the New York State Wage Theft Prevention Act (the WTPA). Among other things, the amendments would eliminate the need for…more
| Labor & Employment Law

Rhode Island Establishes Tip Line For Worker Misclassification

Rhode Island’s Joint Task Force on the Underground Economy and Employee Misclassification announced earlier this month that it has set up an anonymous telephone tip line for reporting allegations of independent contractor…more
| Labor & Employment Law, Worker’s Compensation, Taxation

A Primer on EMV Technology for Merchants

With the new year just around the corner, retailers should make a resolution to learn more about EMV technology. That’s because 2015 is slated to be the year EMV technology makes significant inroads in the United States, and…more
| Commercial Law & Contracts, Finance & Banking, Privacy, Science, Computers, & Technology

D.C. Circuit Rejects Challenge To Section 503 Regulations Administered by OFCCP

On Friday, December 12, 2014, the D.C. Circuit rejected a challenge by Associated Builders and Contractors, Inc. (“ABC”) to the recent rules promulgated by OFCCP under Section 503 of the Rehabilitation Act protecting individuals…more
| Civil Rights, Construction Law, Labor & Employment Law, Government Contracting

From the Right to be Forgotten to the Right to an “e-Reputation’’: First Enforceability Ordered by French Court under Penalty

A few months after the European Court of Justice ruled on May 13, 2014 that search engines are considered personal data controllers under the EU Data Protection Directive of 1995 and, as such, should provide data subjects with a…more
| Civil Procedure, Communications & Media Law, Privacy, Science, Computers, & Technology
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