Proskauer Rose LLP

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

  • 212.969.3000
  • 212.969.2900

New CDC Ebola Monitoring Protocol is Good News for Employers

The CDC has just announced new active post-arrival monitoring for all travelers entering the U.S. from Liberia, Sierra Leone or Guinea…more
| Labor & Employment Law, Health

Second Circuit Allows After-Acquired Evidence to Support Termination Decision

On October 9, 2014, the United States Court of Appeals for the Second Circuit, in a summary order, affirmed a district court’s admission of evidence at trial of a former employee’s misconduct, discovered after the employee’s…more
| Civil Procedure, Labor & Employment Law

FCRA Preempts Tortious Interference Claim, Says NJ Court

The Fair Credit Reporting Act (FCRA)—a federal law that regulates the collection and use of “consumer information”—covers employers who solicit third-party vendors known as consumer reporting agencies (CRAs) to run background…more
| Civil Procedure, Conflict of Laws, Labor & Employment Law, Finance & Banking, Business Torts

Employees Face Uphill Battle in Holding Private Equity Firms Accountable under WARN Act

The United States District Court in Delaware recently issued a welcome decision for private equity firms whose portfolio companies run afoul of the Worker Adjustment and Retraining Notification Act (the “WARN Act”). In In re…more
| Bankruptcy, Civil Procedure, Commercial Law & Contracts, Labor & Employment Law, Finance & Banking

California Court Has a Bone to Pick with Male Enhancement Pill Maker

We try to avoid puns in this blog but sometimes, well, we just can’t help it. The makers of “Rockhard Weekend,” a male sex enhancement pill, have successfully sidestepped a claim that they violated federal drug labeling…more
| Civil Procedure, Communications & Media Law, Consumer Protection, Products Liability

Accessible Technology

As most of our readers know, companies that are federal contractors and subcontractors are subject to new rules (which became effective on March 24, 2014) with respect to individuals with disabilities. The new rules amended 41…more
| Civil Rights, Labor & Employment Law, Government Contracting

The ERISA Litigation Newsletter - October 2014

Editor's Overview - The first article in this month's newsletter focuses on whether specific language in ERISA employer-provided disability insurance plans confer discretionary authority to plan administrators to…more
| Civil Procedure, Labor & Employment Law, Health, Insurance, Taxation

Colorado Supreme Court Set To Decide Seminal Drug Testing Case

As reported by Joe Palazzolo of the Wall Street Journal (subscription required), Colorado’s Supreme Court recently heard arguments on whether an employer can lawfully terminate an employee for off-the-job use of medical…more
| Civil Rights, Labor & Employment Law

CFTC Announces Self-Executing No-Action Relief for Delegating CPOs

On October 15, 2014, the Commodity Futures Trading Commission (CFTC) issued a no-action relief letter granting self-executing registration no-action relief to qualifying commodity pool operators (CPOs) that delegate their CPO…more
| Commercial Law & Contracts, Finance & Banking, International Law & Trade, Securities Law

OFCCP Issues Two New “FAQs”

The OFCCP recently added two new “FAQs” to its website to help explain contractors’ obligations under new Section 503 and VEVRAA regulations. The first addresses the information contractors must maintain related to efforts to…more
| Civil Rights, Labor & Employment Law, Government Contracting

Four More New Jersey Cities Enact Sick Leave Laws

Four New Jersey municipalities—Passaic, Paterson, Irvington, and East Orange—recently enacted ordinances requiring employers to provide paid sick leave to their employees…more
| Labor & Employment Law

Ebola and Potential Labor Relations Issues

The Ebola panic presently sweeping the U.S. raises a host of potential issues for employers. We recently provided guidance to help employers ensure employee safety while also complying with legal obligations under the Americans…more
| Labor & Employment Law, Health

Eighth Circuit Says That Considerations Of Health Care Cost Savings Could Be Proxy For Age In ADEA Suits

The Eighth Circuit recently concluded that an employer may violate the ADEA by terminating an older employee in order to reduce its health care premiums. Tramp v. Associated Underwriters, Inc., 2014 WL 4977396 (8th Cir. 2014)…more
| Civil Procedure, Civil Rights, Labor & Employment Law, Health, Insurance

FINRA Again Cautions Against Confidentiality Provisions Silencing Whistleblowers

As reported this week by Law360 (subscription required), the Financial Industry Regulatory Authority (FINRA) recently issued a reminder (Regulatory Notice 14-40) warning firms against the use of confidentiality provisions in…more
| Civil Rights, Commercial Law & Contracts, Labor & Employment Law, Finance & Banking, Securities Law

SDNY Dismisses Extraterritorial SOX and Dodd Frank Whistleblower Claims

Failing to heed a powerful message from the Second Circuit, overseas plaintiffs are continuing to seek to pursue SOX and Dodd-Frank whistleblower claims. On September 30, 2014, the Southern District of New York in Ulrich v…more
| Civil Procedure, Civil Rights, Labor & Employment Law, Finance & Banking, International Law & Trade
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