Proskauer Rose LLP

SEC Proposes Higher Net Worth Threshold for Qualified Clients under the Advisers Act

On Wednesday, May 18, 2016, the U.S. Securities and Exchange Commission (SEC) proposed to increase the net worth threshold for qualified clients from $2 million to $2.1 million. This proposed adjustment is being made pursuant…more
| Commercial Law & Contracts, Finance & Banking, Securities Law

Value Insights: Delivering Value in Labor and Employment Law survey

Proskauer's Labor and Employment Law Department released its Value Insights: Delivering Value in Labor and Employment Law survey, a resource that illuminates current practices and future trends in managing labor and employment…more
| Alternative Dispute Resolution (ADR), Civil Rights, Electronic Discovery, Finance & Banking, Labor & Employment Law

Laches Defense Loses its Luster in LED Patent Dispute

In determining whether a laches defense applies to thwart a claim of patent infringement, courts must often shine a light upon murky and complicated factual scenarios. A Massachusetts court recently navigated such a scenario in…more
| Civil Remedies, Intellectual Property, Science, Computers, & Technology

Obama Administration Publishes Spring Agency Rule List Highlighting Key Dates For Final Publication of Controversial Regulations

The Obama administration has released its Spring Agency Rule List. The list provides updates on the priorities of the Obama administration as it relates to pending rules and regulations. The agenda notes that the Obama…more
| Elections & Politics, Government Contracting, Labor & Employment Law

EEOC Issues Final Rules On Employer-Sponsored Wellness Program Compliance Under the ADA and GINA

The Equal Employment Opportunity Commission (“EEOC”) has issued two final rules addressing employer-sponsored wellness programs’ compliance with Title I of the Americans with Disabilities Act (“ADA”) and Title II of the Genetic…more
| Civil Rights, Labor & Employment Law

Supreme Court: Class Action Plaintiffs Must Show ‘Concrete’ Harm to Satisfy Article III

In a 6-2 decision, the Supreme Court, in an opinion authored by Justice Alito, held that the Ninth Circuit’s Article III standing analysis in Robins v. Spokeo was incomplete because it focused solely on whether the plaintiff had…more
| Civil Procedure, Communications & Media Law, Constitutional Law, Consumer Protection

Theranos, the SEC’s Pursuit of Unicorns, and Taking the Reins of Internal Controls

In the wake of a host of negative developments, Theranos Inc. is reportedly under investigation by the Department of Justice and the Securities and Exchange Commission. The SEC and DOJ inquiries are likely to focus on whether…more
| Business Organizations, Finance & Banking, Securities Law

New Public Country-by-Country Reporting of Financial Information Proposed by European Commission

Country-by-country reporting (“CBCR”) is one of the OECD BEPS deliverables (under Action 13). It is expected to be a significant tool used by tax authorities’ auditors in evaluating a multinational group’s transfer pricing…more
| Business Organizations, Finance & Banking, International Law & Trade, Taxation

SEC Issues Two Multi-Million Dollar Whistleblower Awards

Over the past week, the U.S. Securities and Exchange Commission (“SEC”) announced two multi-million dollar awards to whistleblowers who provided the SEC with information in ongoing investigations. On May 13, 2016, the SEC…more
| Business Organizations, Finance & Banking, Securities Law

California Assembly Approves Measure Requiring Single-Occupancy Restrooms to Be Designated “All Gender”

The California Assembly has voted to approve A.B. 1732, which would require all single-occupancy restrooms in any business, public accommodation, or government agency to be branded as “all gender” and ban any single-user…more
| Civil Rights, Elections & Politics, Labor & Employment Law

New Federal Overtime Rule Announced, To Become Effective on December 1st

The DOL has released detailed information about the new overtime exemption rule, which is expected to be published in the Federal Register on May 18, 2016. As predicted in our prior post, the new regulation will take effect…more
| Labor & Employment Law

The Supreme Court’s Spokeo Decision and its Potential Impact on Privacy and Data Security Class Actions

On May 16, 2016, the Supreme Court decided Spokeo, Inc. v. Robins, ruling that a plaintiff must sufficiently allege an injury that is both concrete and particularized in order to have Article III standing, and further that a…more
| Civil Procedure, Constitutional Law, Consumer Protection, Privacy, Science, Computers, & Technology

To Save Secrecy Lawsuit, Twitter Must Challenge DOJ’s Decision to Classify Surveillance Requests

This month, a federal judge dismissed Twitter’s lawsuit challenging limits on the disclosure of government requests for information on Twitter users, pressing the company to file an amended complaint contesting the government’s…more
| Civil Procedure, Communications & Media Law, Constitutional Law

New Overtime Rule Expected to Take Effect December 1, 2016

According to Bloomberg BNA, the DOL’s final overtime rule, which is expected to be released May 18, 2016, will take effect December 1, 2016, not within 60 days as previously indicated. This gives employers nearly 200 days to…more
| Labor & Employment Law

Surviving Settlement Provisions in Joint Defense Agreements

Anyone who watches Survivor or Game of Thrones knows that alliances are critical. And while they may be necessary to endure from one day to the next, alliances are inevitably broken. Co-defendants in antitrust cases can…more
| Antitrust & Trade Regulation, Commercial Law & Contracts
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Eleven Times Square
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New York, NY 10036-8299, United States

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