On the heels of record-breaking enforcement in 2022, expect continued aggressive pursuit of Chair Gensler’s priorities in 2023. The SEC will continue to bring its considerable resources to bear to address ESG-related...more
1. Compensation in non-union jobs is outpacing compensation in union-represented jobs. A Bureau of Labor and Statistics report indicates the total wage and benefit costs for private-sector nonunionized employers was 3% higher...more
Two recent decisions by U.S. District Courts have rejected attempts to include nonconsensual third party releases in chapter 11 reorganization plans. These rulings suggest third party releases may be facing increasing push...more
As anyone who has worked in a customer-facing job can tell you, dealing with difficult customers often comes with the territory. However, when customer behavior crosses a line into illegal conduct like sexual harassment, both...more
Designed for busy in-house counsel, compliance professionals, and anti-corruption lawyers, this newsletter summarizes some of the most important international anti-corruption law and case developments from the past month,...more
A number of states have passed or are considering passing legislation to shield certain businesses from liability from claims for injury caused by exposure to COVID-19. Generally, the laws require that the business was in...more
On July 9, 2020, the U.S. Supreme Court announced that it would review the Federal Trade Commission’s authority to seek restitution in federal court for consumers who have been harmed by fraud and other misconduct in the...more
On Nov. 4, 2019, the Securities and Exchange Commission (SEC) filed an amended complaint against Collectors Café and its CEO, Mykalai Kontilai, to add charges against defendants for alleged violations of whistleblower...more
On 19 November 2019, the State Administration for Market Regulation (“SAMR”) posted a draft of the Interim Measures on Rewards for Complaints Against Significant Illegal Conduct in the Market Regulation Field (“Draft Reward...more
By statute, California law holds that willful misconduct—where an insured intends to cause someone harm—is not insurable as a matter of public policy. For years, insurance companies have sought to expand this prohibition to...more
As the week begins with new lexicon coming out of our nation’s capital, a recent federal court of appeals ruling reminds us that, in most situations, it’s the employer’s assessment of the facts, not the employee’s...more
Effective August 1, the rules around salary payment practices are now more practical for employers in Shanghai, thanks to an update to the Municipal Enterprises Salary Payment Regulation (“Updated Regulation”). An employer in...more
As we reported earlier this month, courts sometimes disregard the general rule of non-liability for the conduct of independent contractors, and allow liability to be imposed against principals — including for punitive damages...more
Lately, we have had many occasions to criticize courts’ analysis of punitive damages issues, so it is nice for a change to be able to report on the Tenth Circuit’s insightful decision in Lompe v. Sunridge Partners. Readers...more
The Ballad of the Thin Man revolves around one very square man who keeps blundering into situations that he does not understand. The further he gets into the song, the less he seems to understand. Rock critic Andy Gill has...more
Even once in awhile an employer has handled an FMLA situation so effectively, you just want to shout out, “You Go Girl!” . . . or let out a fist pump (like you just sank a 70-foot birdie) . . . or initiate a wild chest bump...more
For the last several years, the National Labor Relations Board (NLRB or the "Board") has engaged in a well-publicized expansion of scrutiny for employer work rules and has liberally identified those rules that it believes...more
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
The Delaware Supreme Court recently held that, in certain circumstances, shareholders may be able to obtain access to privileged, internal documents in order to investigate potential breaches of fiduciary duty. In Wal-Mart...more
On July 3, 2014, the National Labor Relations Board (NLRB) handed down a decision in the case of Consolidated Communications d/b/a Illinois Consolidated Telephone Co. and Local 702, Int'l Brotherhood of Electrical Workers,...more