Proskauer Rose LLP

Former CFO Awarded $1.9 Million In SOX Case

An ALJ at the U.S. Department of Labor (DOL) recently ruled that a former CFO was entitled to approximately $1.9 million in back pay, front pay, and compensatory damages, concluding that he was retaliated against in violation of…more
| Administrative Law, Civil Rights, Commercial Law & Contracts, Labor & Employment Law, Securities Law

Fifth Circuit Fast-Tracks Appeal of Overtime Rule Injunction

On December 8, the Fifth Circuit Court of Appeals granted the U.S. Department of Labor’s motion seeking an expedited briefing schedule on its appeal of the district court injunction of the overtime rule that was scheduled to…more
| Civil Procedure, Labor & Employment Law

The Clock Has Started: What ISPs Need to Do and When to Comply with the FCC’s Broadband Privacy Rules

On December 2, 2016, the Federal Communications Commission (“FCC”) published its Report and Order entitled “Protecting the Privacy of Customers of Broadband and Other Telecommunications Services” (the “Order”) as a final rule in…more
| Communications & Media Law, Privacy, Science, Computers, & Technology

Key Lessons From the Recent Precedential Order by Federal Circuit – Jurisdiction, Mandamus, and Privilege

On November 17, 2016, the United States Court of Appeals for the Federal Circuit published a precedential order denying a petition for a writ of mandamus to overturn a district court’s determination. In In re: Rearden LLC,…more
| Civil Procedure, Intellectual Property

NYC Council Introduces Suite of Worker Protection Bills, In Likely Sign of Things to Come

As we noted in an earlier post, the election of Donald J. Trump likely means that states and municipalities—and not the federal government—will lead the charge on worker-protection issues for the next four years. In this vein,…more
| Civil Rights, Elections & Politics, Labor & Employment Law

Copyright Office Establishes New Electronic DMCA Agent Registration

Service Providers Must Re-register Online to Maintain Safe Harbor Protection - A service provider seeking to take advantage of certain of the safe harbors under the Digital Millennium Copyright Act (DMCA) is required to…more
| Art, Entertainment, & Sports Law, Communications & Media Law, Intellectual Property, Science, Computers, & Technology

Supreme Court Reaffirms Personal-Benefit Requirement for Insider Trading

The Supreme Court confirmed today that the "personal benefit" required to establish a claim for insider trading can consist of making a gift of material, nonpublic information to a family member or friend and that an exchange of…more
| Commercial Law & Contracts, Finance & Banking, Securities Law

Repealing and Replacing the ACA: Five Developments Likely to Occur in the Years Ahead

On the back of the 2016 United States presidential election results, the health care industry ponders how a Republican president and Congress will transform the business environment. The health care industry has a number of…more
| Elections & Politics, Health, Taxation

NY Court of Appeals Finds Personal Jurisdiction Based on Use of NY Correspondent Bank Accounts

A sharply divided New York Court of Appeals recently held that defendants who allegedly made intentional and repeated use of New York correspondent bank accounts for money laundering thereby purposefully transacted business…more
| Civil Procedure, Commercial Law & Contracts, Criminal Law, Finance & Banking, International Law & Trade

The Potential Impact Of The Congressional Review Act On New Employment Regulations In Light Of The Recent Election

The Obama administration has finalized a number of employment-related regulations over the past few months, including rules on overtime, worker benefits, paid sick leave for employees of federal contractors, and union elections…more
| Elections & Politics, Labor & Employment Law

BEPS: OECD Releases Multilateral Tax Treaty Convention

The Multilateral Convention to Implement Tax Treaty Related Measures to Prevent Base Erosion and Profit Shifting (the “Convention”) was released by the Organisation for Economic Co-operation and Development (“OECD”) on November…more
| International Law & Trade, Taxation

Personal Planning Strategies - December 2016

2017 Estate, Gift and GST Tax Update: What This Means for Your Current Will, Revocable Trust and Estate Plan - As we previously reported, the American Taxpayer Relief Act of 2012 (the "Act") made the following permanent:…more
| Business Organizations, Family Law, Taxation, Wills, Trusts, & Estate Planning

DOL Prevails in Kansas Litigation Challenging Conflict of Interest Rule and Related Exemptions

On November 28, 2016, Judge Crabtree in the U.S. District Court for the District of Kansas ruled in favor of the U.S. Department of Labor and denied the motion for a preliminary injunction filed by the Market Synergy Group,…more
| Finance & Banking, Labor & Employment Law

EEOC Issues Enforcement Guidance on National Origin Discrimination

On November 21, the U.S. Equal Employment Opportunity Commission (“EEOC”) issued its Enforcement Guidance on National Origin Discrimination, which outlines the agency’s guidance on the provisions of Title VII that prohibit…more
| Civil Rights, Labor & Employment Law

DOL Seeks Expedited Briefing on Appeal of Overtime Rule Injunction

On December 2, the U.S. Department of Labor filed a motion with the U.S. Court of Appeals for the Fifth Circuit seeking an expedited briefing schedule on its appeal of the district court injunction of the overtime rule that was…more
| Civil Procedure, Civil Remedies, Labor & Employment Law
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Contact

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

  • 212.969.3000
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Areas of Practice
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