Managers

News & Analysis as of

New Registration Requirements and Deadline for PRC Domestic PE Funds and Managers

Domestic Chinese private equity managers should take notice of new provisional regulations requiring registration of domestic Chinese private equity managers and filings with the Asset Management Association of China...more

Update of California Statutory Law – The California Revised Uniform Limited Liability Company Act – Lenders and Borrowers Beware

The California legislature recently enacted the California Revised Uniform Limited Liability Company Act which made some important changes to existing California law affecting both lenders and limited liability company...more

SEC Staff Provides Guidance on Aggregate Advisory Fee Condition for Multi-Manager Relief

The staff of the SEC’s Division of Investment Management issued an IM Guidance Update concerning the aggregate advisory fee condition in the SEC’s “multi-manager” exemptive relief. (Under the terms of this relief, a...more

New Manager Forum Panel III – Post-launch Matters [Video]

Launching a new hedge fund or private equity fund can be one of the most exciting and rewarding ventures a person will ever undertake-and it can also be the most challenging, given today's competitive and demanding investing...more

New Manager Forum Panel II – Launch Issues [Video]

Launching a new hedge fund or private equity fund can be one of the most exciting and rewarding ventures a person will ever undertake-and it can also be the most challenging, given today's competitive and demanding investing...more

New Manager Forum Panel I - Critical Pre-launch Considerations [Video]

Launching a new hedge fund or private equity fund can be one of the most exciting and rewarding ventures a person will ever undertake-and it can also be the most challenging, given today's competitive and demanding investing...more

NLRB Still Looking for Answers On Whether University Faculty Are “Managerial Employees”

The National Labor Relations Board is seeking amicus briefs to help it decide whether full-time, non-tenure-eligible contingent faculty members at Pacific Lutheran University (PLU) are excluded from the National Labor...more

From Employment Litigation To Employee Engagement

This article offers a few suggestions for leaders who would prefer to replace “terminal employment relationships” with ones characterized by high performance, accountability, and engagement....more

Classified Management Employee’s Misconduct Justified School District’s Termination of Employment, Despite Protected Speech

A school district classified management employee sought to overturn his dismissal from employment, which he alleged was in retaliation for engaging in protected speech. A California court of appeal held that, given the...more

MA Appeals Court Narrows but Otherwise Keeps Intact Individual Liability Under the Wage Act

A recent decision from a Massachusetts appeals court should give some Massachusetts certain managers and directors one less thing to worry about. Simply having the title of a manager or director alone is insufficient for...more

New California LLC Law Requires Members To Reconsider Their Operating Agreement

On January 1, 2014, California limited liability company (LLC) law changes in several respects. Unlike other new laws regulating business entities, the new LLC law does not give existing LLCs a choice as to whether to be...more

Restaurant Managers in Hot Water

Business owners are often sued personally in FLSA suits, but a recent case shows there’s a significant risk for restaurant managers, as well. In Jang et al. v. Woo Lae Oak, Inc., et al., No. 12-cv-00782, 2013 WL 6577027 (N.D....more

New California Law Permits Expanded Use of Construction Managers At-Risk in Public Contracts

On October 3rd, Governor Jerry Brown signed into law Senate Bill 328 which permits counties to enter construction manager at-risk agreements for construction of projects over $1 million. Counties now join other public...more

Innovate or Die – Managing Millennials in the Workplace

Millennials have been called the “Me, Me, Me Generation” by Time Magazine; “entitled” by just about everyone; and “slackers” by many managers. Yet, this generation — born between 1980 and 1999 — is comprised of 80 million...more

Condominium Act 2014? Manager Licensing

The sensational stories in the news over the past few years, about condominium corporations left with depleted reserve funds as a result of fraud by condo managers, has now piqued the government’s and public’s interest in the...more

Healthcare Update, No. 4, November 2013: Facebook: The New Water Cooler – Not The New Vegas

As of June 2013, Facebook, the reigning social-media giant, had 1.15 billion monthly active users who spent an average of 8.3 hours a month on Facebook. During roughly the same period of time, Facebook users "liked" a...more

Managing Millennials: Do the Myths Have Validity (and a Millennial Response)

The conventional wisdom says that there are distinct challenges in managing Millennials (or Generation Y), defined as individuals between the ages of 18 and 32. The most common complaints from managers attribute a misplaced...more

Corporations Must Describe Employee Duties in Detail to Show Employee is not a “Managing Agent” in Order to Sustain Evidentiary...

A female employee experienced difficulty with the availability and unsanitary conditions of portable toilets at a job site. After she was fired, the woman sued alleging violations of the Fair Employment and Housing Act...more

Dunkin’ Donuts Franchise To Pay Nearly 200k For Failing To Pay Its Manager On A Salary Basis

After a nearly two year investigation, the USDOL is requiring a franchisee which operates 55 Dunkin’ Donuts locations throughout New Jersey and New York to pay nearly $200,000 for overtime violations. The USDOL found that...more

Uneven Discipline Undermines Compliance

The internal corporate world mimics broader social forces. A perfect example of this is a corporate disciplinary system and our criminal justice system....more

SEC Requires First Admission of Wrongdoing Under Revised Settlement Policy

On August 19, 2013, the SEC announced that it settled with a hedge fund and its manager (the defendants) and required them to admit wrongdoing. In the consent, the defendants admit to a series of facts, including that the...more

Do Construction Managers Need to be Licensed? A Case of Blurred Lines

Robin Thicke’s song Blurred Lines (or, perhaps, more accurately, its music video of models who appear to have forgotten to get dressed) seems to be this Summer’s anthem. Number 1 on the billboard charts, fodder for...more

Manager Taken Hostage in China

As many have read in recent news, an American business executive was held captive by employees of his medical supply factory outside of Beijing. The workers were reportedly worried about wages, layoffs, and the factory...more

Supreme Court Provides More Guidance on Class Certification Requirements

Over the past few years, the Supreme Court has issued several decisions addressing certification of class actions. In Wal-Mart Stores, Inc. v. Dukes, 564 U.S. 277, 131 S. Ct. 2541 (2011), the Court denied certification to a...more

New York Court of Appeals Issues Opinion Addressing Tip Pool Arrangements

The New York Court of Appeals recently issued an opinion addressing Starbucks’ tip pooling practices with regard to its shift supervisors and assistant store managers, which we discussed here....more

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