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Read need-to-know updates, commentary, and analysis on Labor & Employment issues written by leading professionals.

Supreme Court's Upcoming Whistleblower Decision May Dramatically Impact Compliance Programs

by BakerHostetler on

On November 28, 2017, the United States Supreme Court heard oral argument on whether whistleblowers are entitled to protection from retaliation under Section 922 of the Dodd-Frank Wall Street Reform and Consumer Protection...more

Plan Sponsors Need To Deal With A Whole New 401(k) World

by Ary Rosenbaum on

I’ve been an ERISA attorney for over 19 years and 401(k) plans have dramatically changed because of law changes, technological change, and changes in the marketplace. The problem is that most plan sponsors are stuck back in...more

Examiners are Carefully Scrutinizing Financial Institutions’ Compensation Arrangements

by Ruder Ware on

It has come to our attention that some examiners have recently been carefully scrutinizing financial institutions’ employee compensation arrangements. Although it now appears unlikely that the proposed Dodd-Frank rules on...more

Name Is “Psychological Safety” but My Friends Call Me Culture

by NAVEX Global on

As a Millennial, I spend most of my money on avocados and read a lot about tech and entrepreneurship. The latter has led me to stumble across something called “psychological safety,” the former, to a lifetime of over paying...more

Saudi Arabia Update – November and December 2017

by Dentons on

Legal developments - Saudi Arabia anti-corruption drive and protection of corporates - In the wake of Saudi Arabia’s headline-grabbing anti-corruption drive in November, Crown Prince Mohammed bin Salman instructed the...more

'Tis the Season: W-2 Phishing Scams Likely to Resurface After the New Year

by Murtha Cullina on

W-2 phishing season is just a few weeks away. For the past several tax seasons, cyber criminals have duped hundreds of payroll departments into providing W-2 information on their employees, which results in the filing of...more

Superior Court Explains How To Prove Fees

by Morris James LLP on

The Boeing Company v. Spirit Aerosystems Inc., No. N14C-12-055 EMD CCLD (Dec. 5, 2017) - This decision explains the process and proof required to establish the amount of a fees award....more

Top Considerations for Companies Engaging in Political Expression

by Perkins Coie on

We all know to avoid the topic of politics with family and friends at the holidays, but in recent months, American companies and the CEOs who lead them have spoken publicly on social and political issues like never before....more

Retirement Plan Sponsors Can’t Afford To Be Cheap

by Ary Rosenbaum on

There is nothing wrong with being thrifty. You should never pay full price for something that you can get on a discount. Being thrifty is different from being cheap. Being cheap is about not wanting to pay for something just...more

French Employment and Tax Reforms Set to Boost Private Equity Buyouts

by Latham & Watkins LLP on

President Macron recently unveiled employment and tax reforms to increase France’s appeal for deal makers. While France ranks highly as an investment destination for private equity firms, complex and inflexible French...more

Court: Operating Agreement Did Not Grant Terminated Employees Lifetime Jobs

by Allen Matkins on

An employment agreement is one thing and an operating agreement quite another. In ITV Gurney Holding Inc. v. Gurney, Cal. Ct. Appeal Case No. B281694, the board of a limited liability company fired two employees who were...more

The Time Is Now for Legal Departments to Step Up in Ethics & Compliance

by NAVEX Global on

NAVEX Global’s 2017 Ethics & Compliance Benchmark for Legal Professionals reaffirms an increasingly common belief: Legal departments should take on greater leadership when it comes to ethics and compliance. Put another way,...more

Senate Stays Up Late to Approve Tax Bill

Early in the morning on Saturday, December 2, 2017 (it was nearly 2 AM Eastern!), the Senate voted 51-49, drawn mostly along party lines, to pass its version of the tax reform bill described in our previous blog posts....more

Matters to Consider for the 2018 Annual Meeting and Reporting Season

Companies have important decisions to make as they prepare for their 2018 annual meeting and reporting season. We have prepared a checklist of key corporate governance, executive compensation and disclosure matters on which...more

Whistleblower Status Up For Debate Before SCOTUS: Digital Realty Trust Inc. v. Somers

The nation’s top court will soon decide a key aspect of how employers should handle employee complaints about possible fraud or financial wrongdoing in the company that may violate federal laws. These situations provide...more

Where the Whistle Blows: Justices Express Doubt That Dodd-Frank Protection Shields Internal Whistleblowing

by Zuckerman Spaeder LLP on

When Congress passed the Dodd-Frank Act in 2010, it bolstered protections for whistleblowers who report certain kinds of misconduct, such as violations of securities law. At the time, the Sarbanes-Oxley Act already provided...more

How A Plan Provider Should Handle Employees

by Ary Rosenbaum on

I always say that the main reason that I don’t want to have employees is that I was an employee once too. An employee wants to get paid as much as possible and the employer wants to pay as little as possible. I have yet to...more

Financial Services Weekly News - November 2017 #4

by Goodwin on

Editor's Note - A Tale of Two Agencies. On November 27, Joseph M. Otting was sworn in as the 31st Comptroller of the Currency. Mr. Otting seamlessly succeeded Keith A. Noreika, who became Acting Comptroller in May 2017...more

The Arguments in Digital Realty: A Glimpse of Future Battles

by Dorsey & Whitney LLP on

The Supreme Court heard argument in Digital Realty Trust, Inc. v. Paul Somers, No. 16-1276. The case centers on the question of who is a whistleblower and entitled to the protections of the Dodd-Frank anti-retaliation...more

Day 20 of One Month to 360 Degrees of Communication in Compliance - What have we learned?

by Thomas Fox on

I entitled this month’s podcast series as “360-degrees of communication in compliance” because it has occurred to me that you can have an ongoing discussion about compliance at all times. Previously, I had thought of...more

2017 Year-End Federal Tax Reform Proposals

by Burns & Levinson LLP on

The proposed federal tax reform now being considered in Congress would make many changes after this year, if passed into law. The following areas are under consideration as of November 27, 2017 for domestic businesses,...more

Take 5 Newsletter - November 2017

by Epstein Becker & Green on

Five Issues in Focus for Financial Services - For this edition of the Take 5 for financial services, we focus on a number of very well-publicized issues. The tidal wave of sexual harassment allegations that followed the...more

12 O'Clock High-Episode 67 Leadership Lessons from the Grant Presidency

by Thomas Fox on

In this episode, Richard Lummis and consider the leadership lessons from the Presidency of US Grant. The lessons include: 1. Reconstruction and the Civil Rights Acts, leading to the passage of the 15th Amendment; 2....more

Comparison of the Executive Compensation Provisions in the Tax Cuts and Jobs Act

by Proskauer - Tax Talks on

On November 20, 2017, the Senate Finance Committee released legislative text of its version of the Tax Cuts and Jobs Act, which contains proposals modifying certain executive compensation provisions of the Internal Revenue...more

C-Suite Employment Contract Clauses Companies and their Boards Must Consider in the Wake of Weinstein

by Bowditch & Dewey on

The Harvey Weinstein scandal has struck a nerve in American society and empowered individuals to speak out about sexual harassment and retaliation in the workplace. The nation appears to be at a tipping point, with...more

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