Proskauer Rose LLP

Sixth Circuit: ERISA Exhaustion Not Required in Plan Amendment Suit

The Sixth Circuit held that retirement plan participants were not required to exhaust their administrative remedies prior to bringing a claim alleging that a plan amendment violated ERISA...…more
| Administrative Law, Civil Procedure, Finance & Banking, Labor & Employment Law

Connecticut Supreme Court Issues Important Clarification For Independent Contractor Test

On March 21, 2017, the Connecticut Supreme Court issued an important ruling, finding that an individual may be still considered an independent contractor under the state’s Unemployment Insurance Act even if he/she only provides…more
| Administrative Law, Civil Procedure, Insurance, Labor & Employment Law

WARNING: Follow Rules Governing Objections to Discovery Requests or Waive Them

On February 28, 2017, Southern District of New York Magistrate Judge Andrew J. Peck issued a warning shot, styled as a “wake-up call,” to the SDNY Bar: comply with the now 15-month-old amendments to the Federal Rules of Civil…more
| Civil Procedure, Civil Remedies, Electronic Discovery

No Emergency Injunction Appeal in Chamber’s Challenge to DOL Rule

On March 20, 2017, a federal court in the Northern District of Texas denied the U.S. Chamber of Commerce’s emergency motion for an injunction pending appeal challenging implementation of the Department’s conflict of interest…more
| Administrative Law, Civil Remedies, Labor & Employment Law

U.S. Supreme Court Passes On Opportunity To Address Scope of Dodd-Frank “Whistleblower” Provision

On Monday, March 20, 2017, the U.S. Supreme Court denied a Petition for Writ of Certiorari in Verble v. Morgan Stanley Smith Barney, LLC. (No. 16-946), thereby declining an opportunity to resolve a conflict amongst circuit…more
| Civil Procedure, Civil Rights, Commercial Law & Contracts, Labor & Employment Law, Securities Law

Supreme Court Holds that Lafe Solomon Improperly Served as NLRB General Counsel

The Supreme Court has dealt another blow to the stability of the National Labor Relations Board. In a 6-2 decision, in, National Labor Relations Board v. SW General, Inc. DBA Southwest Ambulance, USSC Case No. 15-1251 (March 21,…more
| Administrative Law, Constitutional Law, Elections & Politics, Labor & Employment Law

Third Circuit Endorses Title IX and Title VII Claims of Medical Resident

Should a medical resident alleging sexual harassment and retaliation be treated as: (i) an employee who can seek relief under Title VII; (ii) a student who can seek relief under Title IX; or (iii) both? And if the answer is…more
| Civil Procedure, Civil Rights, Education, Health, Labor & Employment Law

Brooklyn Supreme Court Recognizes Private Right of Action for Not-for-Profit Employees under New York Nonprofit Revitalization Act Whistleblower Policy Requirement

Not-for-Profit Corporation Law (“NPCL”) § 715-b, enacted as part of the New York Nonprofit Revitalization Act, requires New York not-for-profit corporations with 20 or more employees and annual revenue in excess of $1 million to…more
| Civil Procedure, Civil Remedies, Civil Rights, Labor & Employment Law, Nonprofit Law

Non-Use Agreement Need Not Precede Disclosure of Confidential Information

A Pennsylvania federal court held yesterday that an agreement not to use confidential inside information for trading purposes need not precede the receipt of that information in order to create liability under the…more
| Business Organizations, Business Torts, Commercial Law & Contracts, Finance & Banking, Securities Law

Immigration Fact or Fiction for the U.S. Employer: CBP Searching Electronic Devices – A New Thing?

There has been heightened interest and concern regarding the potential for U.S. Customs and Border Protection (CBP) to search laptops and smart phones at the port of entry, due to the mention of such searches in one of President…more
| Constitutional Law, Immigration Law, Labor & Employment Law, Privacy, Transportation

Data Breach 101, Part I: Data Breach Notification Laws

In 2017, there are few words that make companies – and their counsel – shudder more than “data breach.” Recent high-profile breaches and the resulting litigation have shown that breaches can be embarrassing, harmful to a…more
| Consumer Protection, Privacy, International Law & Trade, Science, Computers, & Technology

The Cross-Industry Promise of Blockchain

The blockchain protocol (a form of a ‘distributed ledger system’) was originally designed as a platform to process Bitcoin transactions. The protocol enables peer-to-peer transactions and eliminates the need for a trusted…more
| Commercial Law & Contracts, Finance & Banking, Health, Intellectual Property, Science, Computers, & Technology

Consumer Review Fairness Act Taking Effect

The Consumer Review Fairness Act (CRFA) began to take effect yesterday, March 14, 2017. One aim of the CRFA is to protect consumers’ ability to publicly review services and vendors without being subject to restrictions or fines…more
| Antitrust & Trade Regulation, Commercial Law & Contracts, Communications & Media Law, Consumer Protection, Privacy

D.C. Universal Paid Family Leave Bill Submitted To Congress, But Changes Are Still Possible

The D.C. Universal Paid Leave Amendment Act of 2016 (the “Act”) has been submitted to Congress for a 30-legislative-day period of review. Presuming that the Act does not get overturned by Congress and the President, it is…more
| Labor & Employment Law

A Quiet UK Budget for Asset Managers, But Other Recent Tax Changes Shouldn’t Be Forgotten

After numerous UK tax changes affecting asset managers over the past few years – not least the wholesale re-vamping of the tax treatment of carried interest and other fund participations for investment fund managers – the UK…more
| Business Organizations, Commercial Law & Contracts, Finance & Banking, International Law & Trade, Taxation
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