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June 13, 2013 Antitrust Claims and Collective Redress Across the EU
On 11 June 2013, the European Commission adopted legislative proposals aimed at facilitating private antitrust damages (IP/13/525) and collective redress (IP/13/524), together with practical guidance on quantifying harm caused by breaches of Article 101 and 102 TFEU.
June 11, 2013 U.S. Supreme Court Rules Arbitration Decision Allowing Class Procedures Did Not Violate Federal Arbitration Act
On June 10, 2013, the U.S. Supreme Court unanimously held in Oxford Health Plans LLC v. Sutter that an arbitrator did not exceed his authority under the Federal Arbitration Act when he determined that a contract between doctors and a health insurance company allowed for class arbitration.
June 7, 2013 U.S. Supreme Court Holds that FEGLIA Preempts State Laws Purporting to Change Designated Life Insurance Beneficiary
In a unanimous decision in favor of Winston & Strawn client Judy Maretta, the U.S. Supreme Court ruled this week that the Federal Employees’ Group Life Insurance Act preempts state statutes that interfere with federal employees’ “unfettered freedom of choice” in selecting who will receive and enjoy the benefits of their life insurance policies.
June 6, 2013 CFPB to Survey Credit Cardholders as to Awareness of Arbitration Provisions
The Consumer Financial Protection Bureau is expected to publish in the Federal Register on Friday, June 7, a notice of a telephone survey it proposes to conduct.
June 5, 2013 U.S. Supreme Court Grants Cert in Removal Case Under CAFA
The U.S. Supreme Court has granted a petition for a writ of certiorari to consider whether, under the Class Action Fairness Act of 2005, claims brought by a state attorney general, as parens patriae, properly belong in state or federal court in State of Mississippi v. AU Optronics Corp. et al., No. 12-1036.
June 5, 2013 Delaware Court of Chancery Applies Business Judgment Rule to Controlling Stockholder Going-Private Transaction
On May 29, 2013, in the case of In Re MFW Shareholders Litigation, Chancellor Leo Strine of the Delaware Court of Chancery held that controlling stockholder going-private transactions may be protected by the deferential business judgment rule, rather than the more stringent entire fairness standard, if the “controlling stockholder merger has, from the time of the controller’s first overture, been subject to (i) negotiation and approval by a special committee of independent directors fully empowered to say no, and (ii) approval by an uncoerced, fully informed vote of a majority of the minority investors.”
May 22, 2013 EEOC Issues Revised Guidance on Application of the ADA to Cancer, Diabetes, Epilepsy, and Intellectual Disabilities
On May 15, 2013, the U.S. Equal Employment Opportunity Commission issued four revised question-and-answer publications on the application of the Americans with Disabilities Act to individuals with cancer, diabetes, epilepsy, and intellectual disabilities.
May 17, 2013 Third Circuit Finds Recess Appointment of NLRB Member Invalid
A second U.S. Court of Appeals has ruled that recess appointments of National Labor Relations Board members were unconstitutional because they did not occur during an intersession recess of the Senate. NLRB v. New Vista Nursing & Rehab., 3d Cir., No. 11-3440, (5/16/13).
May 17, 2013 Federal Circuit Finds Software Patents Under Review Invalid Under 35 U.S.C. §101, But Fails to Establish Binding Standard for Subject Matter Eligibility
CLS Bank involved the patent eligibility of the subject matter covered by four patents owned by Defendant Alice Corporation.
May 16, 2013 Dodd-Frank: Recent Relief from Business Conduct Rules in Respect of FX Transactions
In November 2012, the Secretary of Treasury issued a final determination that, in effect, exempted FX swaps and FX forwards from many of the requirements added to the Commodity Exchange Act by Dodd-Frank.
May 15, 2013 U.S. Supreme Court Holds Patent Exhaustion Does Not Permit a Farmer to Reproduce Patented Seeds Through Planting and Harvesting Without the Patent Holder’s Permission
In a case of significance for patent holders and the agricultural industry, the U.S. Supreme Court unanimously held on May 13, 2013 that the doctrine of patent exhaustion does not permit a farmer to make copies of patented soybean seeds after purchasing them in the marketplace.
May 9, 2013 D.C. Circuit Invalidates NLRB Notice-Posting Rule
The U.S. Court of Appeals for the D.C. Circuit has struck down a National Labor Relations Board regulation requiring businesses to post notices of workers’ rights under the National Labor Relations Act, holding that such a rule violates the free speech rights of employers under federal labor law. Nat’l Assoc. of Manufacturers v. NLRB, D.C. Cir., No. 12-5068 (May 7, 2013).
May 2, 2013 U.S. Supreme Court Denies Cert in Antitrust Case Over Loyalty Rebates
On April 29, 2013, the U.S. Supreme Court denied a petition for a writ of certiorari seeking to overturn a judgment against Eaton Corporation for allegedly using multiple, long-term supply contracts containing volume rebates to foreclose a substantial share of the truck transmission market in violation of the Sherman and Clayton Acts.
May 1, 2013 Unclaimed Property Holders Beware: Delaware Unclaimed Property Voluntary Disclosure Program Is Being Followed by Aggressive Audit Enforcement
A briefing by Winston & Strawn’s State and Local Tax Group on upcoming deadlines related to Delaware's Unclaimed Property Voluntary Disclosure Program.
April 30, 2013 Update Regarding “Binding Contracts” For Purposes of Internal Revenue Service Notice 2013-29
As we previously noted on April 15, 2013, the Internal Revenue Service issued Notice 2013-29 providing guidelines and a safe harbor to determine what it means to “begin construction” for purposes of the production tax creditunder section 45 of the Internal Revenue Code, and the investment tax credit under section 48 of the Code.
April 24, 2013 U.S. Supreme Court Holds That FLSA Collective Action May Be Mooted By Full Offer of Judgment
On April 16, a divided United States Supreme Court ruled that an employee who filed a Fair Labor Standards Act case could not pursue a proposed collective action after she received an offer that would have given her full relief. Genesis HealthCare Corp. v. Symczyk, No. 11-1059 (Apr. 16, 2013).
April 23, 2013 Recent Developments With Respect to the Production Tax Credit and Investment Tax Credit
On April 15, 2013, the Internal Revenue Service issued Notice 2013-29, which the renewable energy industry has been anxiously awaiting, providing guidelines and a safe harbor to determine what it means to “begin construction” for purposes of the production tax credit under section 45 of the Internal Revenue Code and the investment tax credit under section 48 of the Code.
April 18, 2013 U.S. Supreme Court Holds Oral Arguments on the Patent Eligibility of Isolated DNA Sequences
In a case with potentially significant ramifications for the genetics, pharmaceutical, and biomedical industries, the U.S. Supreme Court held oral arguments on Monday, April 15, 2013 on whether DNA sequences isolated from the human body are “products of nature” and thus patent-ineligible under U.S. patent law.
April 18, 2013 U.S. Supreme Court Limits Equitable Defenses in ERISA Reimbursement Actions
It is common for an employer group health plan subject to the provisions of the Employee Retirement Income Security Act of 1974, as amended to contain provisions that allow the plan to seek reimbursement of amounts paid by it to one of its beneficiaries for injuries if the beneficiary later recovers payment from a third party either through a judgment or a settlement.
April 15, 2013 DOJ Amends Carve-Out Policy
The Department of Justice, Antitrust Division, recently amended its policy regarding carveouts of corporate antitrust plea agreements in two significant ways.
April 8, 2013 SEC Approves Social Media Postings for Disclosure of Material Corporate Information
Recognizing the growing influence and reach of social media, the SEC announced on April 2, 2013 that public companies may use social media outlets such as Facebook and Twitter to disclose material non-public information in compliance with Regulation FD under the Securities Exchange Act of 1934.
April 2, 2013 U.S. Supreme Court Holds That Individual Damages Issues May Preclude Class Certification
For years now, some courts have been willing to allow class actions to proceed in the face of individualized damages issues, on the theory that those issues can be worked out later, in a separate damages proceeding.
April 1, 2013 High Court Ruling for EPA Offers Notable Critique of Deference Doctrine
The biggest news for regulated entities awaiting the U.S. Supreme Court’s recent decision in Decker v. Northwest Environmental Defense Center, No. 11-338 (Mar. 20, 2013), came not from the majority opinion, but from three justices who wrote separately to question the judicial deference to agency regulatory interpretations the majority opinion applies.
March 27, 2013 CFPB Issues Bulletin on Indirect Auto Lending and Fair Lending
On Thursday, March 21, the Consumer Financial Protection Bureau issued a bulletin to provide guidance on the applicability of fair lending requirements to indirect auto lenders that permit auto dealers to increase interest rates and then compensate such dealers with a share of the revenues from those rates.
March 22, 2013 ICANN Allows Abused Names into the Trademark Clearinghouse: Time to Assess your UDRP Strategy
ICANN announced this week that it intends to allow up to 50 abused domain names, per record, into the Trademark Clearinghouse.
March 22, 2013 New York City Amends Human Rights Law to Cover “Unemployment”
Last week, overriding Mayor Bloomberg’s veto, the New York City Council passed a bill (Int. No. 814-A) amending the New York City Human Rights Law to prohibit discrimination based on a job applicant’s unemployment status.
March 21, 2013 U.S. Supreme Court Holds “First Sale” Doctrine Applies to Copyrighted Works Lawfully Made and Sold Abroad
In a case with broad implications for music and publishing, the U.S. Supreme Court has held that a work lawfully produced and sold overseas can be resold in the U.S. without infringing U.S. copyright protections.
March 21, 2013 U.S. Supreme Court Holds that Plaintiffs May Not Circumvent CAFA’s Clear Purpose by Creative Pleading
Earlier this week, the U.S. Supreme Court issued a significant decision that signals that the Class Action Fairness Act should be given its full reach. In Standard Fire Insurance Company v. Knowles, 11-1450, the Court held that a putative class representative could not avoid federal jurisdiction by stipulating that the class will not seek damages exceeding CAFA’s $5 million jurisdictional threshold.
March 8, 2013 Case Note: Recent UK Financial Services Litigation
The Financial Services Authority v Sinaloa Gold plc and others and Barclays Bank plc [2013] UKSC 11
March 7, 2013 Dodd-Frank Title VII — Cleared Swaps and ERISA Plans
In a move that diminishes many of the legal uncertainties concerning the continued availability of swaps to ERISA plans in the Dodd-Frank world, the Department of Labor recently issued an advisory opinion1 that addresses the applicability of the ERISA fiduciary and prohibited transaction rules to “cleared swaps” entered into by ERISA plans.
March 7, 2013 Survey of Competition Agencies Reveals Prevalence and Trends in International Cooperation
The Organization for Economic Cooperation and Development (OECD) and the International Competition Network (ICN) recently issued a report based on a survey of competition agencies regarding international cooperation.
March 6, 2013 Supreme Court Denies Cert in Antitrust Sentencing Case
The U.S. Supreme Court recently denied a petition for a writ of certiorari seeking review of a sentence confirmed by the Eighth Circuit Court of Appeals in a bid-rigging and price-fixing case.
March 6, 2013 Supreme Court holds that certification of securities class actions may rest on allegations—rather than proof—of materiality.
In several recent cases, the Supreme Court has examined a fundamental question relating to class actions: To what degree should the class certification decision examine the merits of the claims?
March 1, 2013 OFCCP Rescinds Compensation Standards, Voluntary Guidelines and Issues New Directive to Review Pay Practices
On February 28, 2013, the OFCCP issued a Notice of Rescission rescinding two key compensation analysis policies—Compensation Standards and Voluntary Guidelines—(in effect since 2006) deeming them unworkable and ineffective.
February 26, 2013 Supreme Court Argument Alert: Bowman v. Monsanto Co.
The Supreme Court heard oral argument on February 19, 2013 in Bowman v. Monsanto Co., a case that considers how the doctrine of “patent exhaustion” applies to inventions involving self-replicating technologies.
February 26, 2013 Senators Reintroduce Legislation to Protect Whistleblowers In Criminal Antitrust Cases
U.S. Senators Patrick Leahy and Chuck Grassley recently reintroduced legislation to extend whistleblower protections to employees who provide information to federal prosecutors relating to what they reasonably believe to be a violation of antitrust laws.
February 25, 2013 Supreme Court Holds That Malpractice Claims Against Patent Lawyers Generally Belong in State Court
In Gunn v. Minton, a unanimous Supreme Court held that the federal courts do not have federal question jurisdiction over legal malpractice cases against patent lawyers, even when federal patent law issues are involved. As a result, unless there is diversity, such cases can only be heard by state courts.
February 21, 2013 Canning the CFPB? Challenges to the CFPB in the aftermath of the Canning Decision
On January 24, 2013, a panel of three judges of the U.S. Court of Appeals for the D.C. Circuit, unanimously ruled that President Obama’s appointment of three members of the NLRB violated the appointments clause of the U.S. Constitution because the appointments did not receive the advice and consent of the U.S. Senate, yet were made when the Senate was in session, and, thus, did not constitute valid recess appointments.
February 19, 2013 Amendment to PRC Labor Contract Law Includes Significant Changes Regarding Dispatch Arrangements
On December 28, 2012, the Standing Committee of the National People’s Congress amended the PRC Labor Contract Law.
February 19, 2013 New York International Arbitration Center to Open this Spring
The New York International Arbitration Center, Inc. was established in 2012 with the support of 33 leading New York law firms, including Winston & Strawn LLP, to promote New York as a venue for international arbitration.
February 11, 2013 Seventh Circuit Affirms Decertification of Wage and Hour Class Action
On February 4, the Seventh Circuit Court of Appeals issued an important decision that may impact the ability of plaintiffs to maintain large wage and hour class and collective actions. Espenscheid v. DirectSat USA, LLC, Case No. 12-1943 (7th Cir. 2013). The Court of Appeals affirmed a district court ruling that decertified, near the eve of trial, a class of more than 2,300 class members alleging various wage and hour violations.
February 11, 2013 California’s Fair Employment and Housing Act Significantly Reorganizes Procedure for Prosecuting Discrimination Cases
On January 1, 2013, the Department of Fair Employment and Housing implemented a reorganization plan meant to streamline the process and reduce the cost of litigating discrimination cases in the state of California.
February 7, 2012 U.S. Department of Labor Issues Final Rule & Survey Report on the Family and Medical Leave Act’s 20th Anniversary
The U.S. Department of Labor marked the 20th anniversary of the Family and Medical Leave Act, by issuing a Final Rule implementing two significant expansions of FMLA coverage related to veterans, military families, and airline personnel and flight crews.
February 1, 2013 UK Proposals to Increase Private Actions in Competition Law
This week, the UK Department for Business, Innovation & Skills published the Government Response to its consultation on Private Actions in Competition Law launched in April 2012.
February 1, 2013 California Issues Guidance on How it Will Implement California Court of Appeal Decision That the Qualified Small Business Stock Deferral and Exclusion Statutes Are Unconstitutional
The Franchise Tax Board recently issued guidance on the procedures it will use in applying the California Court of Appeal’s decision in Cutler v. Franchise Tax Board, 208 Cal. App. 4th 1247 (2012).
January 31, 2013 Reminder of Annual Requirements for Investment Managers
As we begin the New Year, we thought it would be helpful to remind our clients that manage separate accounts or private funds, whether hedge funds, private equity funds, commingled funds, or commodity pools, of certain obligations that may be applicable to them as “Investment Managers” under various U.S. federal and state laws and regulations.
January 29, 2013 UK Supreme Court Maintains Status Quo Regarding the Application of Legal Advice Privilege
On 23 January 2013, the UK Supreme Court handed down a judgment which dismissed (by a majority of 5 to 2) the latest attempt to extend the application of legal advice privilege to “legal advice given by someone other than a member of the legal profession.”
January 28, 2013 Termination by CIETAC Beijing of Arbitration Authorization to the Former CIETAC Shanghai and Shenzhen Sub-Commissions
The recent infighting within the China International Economic and Trade Arbitration Commission arbitration commissions in China has been very public and has surely damaged its reputation as an arbitration centre.
January 25, 2013 D.C. Circuit Rules Obama Recess Appointments Unconstitutional
The U.S. Court of Appeals for the District of Columbia unanimously ruled today that President Barack Obama’s recess appointments to the U.S. National Labor Relations Board last year were “constitutionally invalid” because the Senate was not in recess at the time of the appointments. Noel Canning v. NLRB, 12-1115 (D.C. Cir. Jan. 25 2013).
January 24, 2013 HM Treasury’s Anti-Money Laundering and Counter Terrorist Finance Report 2011-2012
On 9 January 2013, HM Treasury released its annual report on the performance of UK supervisors in monitoring the compliance of businesses in the UK with the Money Laundering Regulations 2007.
January 18, 2013 The Supreme Court Holds a Broad Covenant Not to Sue Moots an Intellectual Property Infringement Case and its Invalidity Counterclaim
In a case with significant implications for trademark claims, the Supreme Court recently ruled that a trademark owner’s “covenant not to sue” an alleged infringer defeats federal jurisdiction over the alleged infringer’s counterclaim challenging the validity of the mark.
January 16, 2013 Recent Developments With Respect to the Production Tax Credit and Investment Tax Credit
On January 1, 2013, Congress passed the American Taxpayer Relief Act of 2012, averting the so-called “fiscal cliff” and expiration of many renewable energy credits, including the production tax credit under section 45 of the Internal Revenue Code, and investment tax credit under section 48 of the Code.
January 16, 2013 International Discovery: How to Get Evidence in Switzerland
Time-consuming, burdensome discovery can be challenging enough in purely domestic civil proceedings. These difficulties are intensified when pursuing documents and witnesses in a country that has enacted a blocking statute and sanctions the unauthorized gathering of evidence on its soil for use in foreign proceedings.
January 15, 2013 New California Disability Regulations
California’s Office of Administrative Law recently approved the state’s Fair Employment and Housing Commission’s proposed pregnancy disability regulations.
January 15, 2013 Delaware Court Revisits “Don’t Ask, Don’t Waive” Standstills
For the second time in a matter of weeks, the Delaware Court of Chancery has addressed the legality of “don’t ask/don’t waive” standstill provisions, which could have the effect of precluding losing bidders in an auction from making a topping bid after a merger agreement is signed with the winning bidder but before it is approved by shareholders.
January 14, 2013 FTC Announces 2013 Revised Jurisdictional Thresholds for Hart-Scott-Rodino Act Filings
The Federal Trade Commission recently announced the annual changes to the jurisdictional thresholds for Section 7A of the Clayton Act.
January 11, 2013 Who Can Take Part in Arbitration Proceedings Under Swiss Law?
The Swiss Supreme Court, the sole appellate court for arbitral awards rendered in Switzerland, is known to avoid unnecessary intervention in the arbitral process and favor the validity of arbitration agreements.
January 10, 2013 China Imposes Its First Fines on Foreign Firms for Price-Fixing Conduct
On January 4, 2013, the National Development and Reform Commission, China’s antitrust regulator with jurisdiction to investigate and deal with price-related monopolistic conduct, announced its first settlement with foreign companies charged with price fixing.
January 8, 2013 EU Adopts Additional Financial Sanctions Against Iran Background
On 21 December 2012, the Council of the European Union adopted Council Regulation No. 1263/2012 implementing additional restrictive measures against Iran.
January 7, 2013 Dodd-Frank: Non-SD/MSP Swap Recordkeeping Requirements
As relevant to the typical end user, Dodd-Frank imposes clearing, reporting, and recordkeeping requirements on the swaps that it enters and delegates the authority to define the detail of such requirements to relevant regulatory agencies.
December 31, 2012 NLRB Finishes 2012 by Issuing Numerous Notable Decisions for Union and Non-Union Employers
In the last month, the NLRB issued a number of significant decisions touching on a broad range of labor law issues including, among others, social media postings, backpay awards, requests for information, the chargeability of certain union lobbying expenses, and an employer’s responsibility to continue dues collection after the expiration of a collective bargaining agreement.
December 20, 2012 Latest Developments Concerning European Bilateral Investment Treaties
Two major events have taken place recently regarding the situation of Bilateral Investment Treaties concluded between European Union Member States and BITs concluded between an EU Member State and a State not Member of the EU.
December 20, 2012 NLRB Reverses Longstanding Practice and Rules that a “Dues-Checkoff” Provision Survives a Contract’s Expiration
On December 12, the National Labor Relations Board ruled 3-1 that a labor contract provision authorizing an employer to deduct union dues from an employee’s paycheck (known as a “dues-checkoff”) continues in force after the labor contract containing the dues-checkoff provision expires.
December 20, 2012 EEOC Approves Strategic Enforcement Plan
This week, the U.S. Equal Employment Opportunity Commission, by a 3-1 vote, approved a Strategic Enforcement Plan establishing the agency’s national enforcement priorities for fiscal years 2013-2016 and improving integration of enforcement responsibilities between field offices.
December 12, 2012 Michigan Enacts Right-to-Work Laws
On December 11, 2012, Michigan became the 24th state to enact “right-to-work” legislation. Right-to-work legislation prohibits “compulsory unionism” by declaring invalid so-called “union security” or “closed shop” clauses in collective bargaining agreements.
December 12, 2012 Delaware Court Enjoins “Don’t Ask/Don’t Waive” Standstill Provision
On November 27, 2012, in a significant decision for those engaged in competitive acquisitions, the Delaware Court of Chancery enjoined a standstill provision in a confidentiality agreement that would prohibit a potential bidder from privately asking a public company target, which had signed a merger agreement with another bidder, to waive provisions of a confidentiality agreement that limited the potential bidder’s ability to communicate with the target.
November 27, 2012 U.S. Supreme Court Holds That Arbitrators Decide the Validity of Noncompetition Clauses Under Valid Arbitration Agreements
The U.S. Supreme Court has once again dealt a decisive blow to a state court’s effort to resist a valid arbitration agreement.
November 21, 2012 FCPA Guidance Released by DOJ and SEC
On November 14, 2012, the Department of Justice and the Securities and Exchange Commission released their much-anticipated joint non-binding guidance “A Resource Guide to the U.S. Foreign Corrupt Practices Act.”
November 20, 2012 Dodd-Frank: Final Determination Regarding FX Swaps and FX Forwards
In a much anticipated move, on November 16, the Department of Treasury issued a final determination that FX Swaps and FX Forwards are exempt from the definition of “swap” under the Commodity Exchange Act.
November 15, 2012 Italy Enacts New Anti-Corruption Law
In a move resonant of an enhanced global focus on anti-corruption, Italy has just adopted a new anti-corruption law which focuses on the prevention of corruption in the public sector, but which has implications for commercial organisations active in Italy.
November 2, 2012 Federal Banking Agencies Issue Final Stress Tests Rules for Banking Organizations with Assets of Between $10 Billion-$50 Billion
On October 9, the federal banking agencies announced adoption of final rules implementing a requirement in the Dodd-Frank Act that banking organizations, including savings and loan holding companies, with total consolidated assets of more than $10 billion but less than $50 billion, conduct annual stress tests, report the results to their principle federal regulator and the Federal Reserve Board, and publish a summary of the results.
November 2, 2012 Virginia Supreme Court Holds That Individuals Can Face Wrongful Discharge Claims
On November 1, the Virginia Supreme Court held that Virginia law provides a claim of wrongful discharge directly against individuals, such as supervisors or managers, who participate in the firing of an employee, even if they are not the employee’s actual employer.
November 1, 2012 NLRB Advice Memo Allows At-Will Employment Provisions
The National Labor Relations Board’s Office of the General Counsel issued two Advice Memoranda on October 31, evaluating two at-will provisions in employee handbooks and concluding in each case that employees could not reasonably construe the provisions to restrict protected activity.
October 12, 2012 California Legislative Update
In September 2012, California Governor Jerry Brown signed into law several bills that will impact all employers with California employees. Employers should review these new laws and adjust their policies and practices as needed to ensure compliance by January 1, 2013, when many of the new laws become effective.
October 9, 2012 Sixth Circuit Holds that Severance Pay is Not Subject to FICA Taxes
A few weeks ago, the Sixth Circuit affirmed the Western District Court of Michigan’s holding in U.S. v. Quality Stores Inc., 424 B.R. 237 (W.D. Mich. 2010), that severance payments made to employees pursuant to an involuntary reduction in force were not “wages” for Federal Insurance Contribution Act tax purposes.
October 8, 2012 Gillette Rehearing: California Court of Appeal Allows Taxpayer to Elect Multistate Tax Compact’s Three-Factor Apportionment Formula
On Tuesday, October 2, 2012, the California Court of Appeal issued its opinion on rehearing The Gillette Company et al. v. Franchise Tax Board, Appeal A130803.
October 5, 2012 First Self-Regulatory OBA Enforcement Action Brought Against an Advertiser
The Online Interest-Based Advertising Accountability Program, the body charged with enforcement of the Self-Regulatory Principles for Online Behavioral Advertising, recently released five decisions following inquiries into the practices of Kia Motors America and the advertising networks that serve Kia ads.
October 4, 2012 NLRB Upholds Termination Based on Facebook Posting
In previous briefings, we have summarized various guidance memoranda issued by the National Labor Relations Board’s Office of the General Counsel concerning social media issues.
September 21, 2012 NLRB Issues First Decision on Social Media Policies
A three member panel for the National Labor Relations Board has issued its first decision concerning the validity of an employer’s social media policy.
September 21, 2012 Recent CFTC Rule Changes – Impact on CLO Managers
A series of recent changes to securities and commodities rules have implications for operators of and advisors to pooled investment vehicles, including vehicles that issue collateralized loan obligations.
September 19, 2012 (Yet Another) Section 409A Transition Deadline Approaching
Plans that require execution of a release may need to be amended by December 31, 2012.
September 19, 2012 Dodd-Frank: The End-User Exception to the Clearing Requirement for Swaps
What if the treasurer of a corporate client sat down with the Winston & Strawn Derivatives Team to try to sort through, and understand, the practical impact of the flurry of rules that have been issued to implement the provisions of Title VII of the Dodd-Frank Act.
September 14, 2012 FTC Soliciting Comment on Proposed Changes to Hart Scott Rodino Reporting Requirements for Transfers of Patent Rights in the Pharmaceutical Industry
Firm Authors: Richard L. Falek
The Hart Scott Rodino Act requires reporting certain transactions valued in excess of the current threshold of $68.2 million to the FTC and the Department of Justice.
September 11, 2012 Seventh Circuit Overturns Precedent and Holds Employers Must Use Job Reassignment as Reasonable Accommodation for Qualified Employee – absent undue hardship
On September 7, the U.S. Court of Appeals for the Seventh Circuit held that employers must reassign disabled employees to vacant positions for which they are qualified if the accommodation would ordinarily be reasonable and would not cause undue hardship, reversing its interpretation of the Americans with Disabilities Act. EEOC v. United Airlines, Inc., Case No. 10-cv-01699.
August 16, 2012 UPDATE: California Court of Appeal Vacates Decision Allowing Taxpayers to Elect Multistate Tax Compact Income Apportionment
In an unexpected development last week, the Court of Appeal, on its own motion, ordered a rehearing and vacated its July 24 decision and opinion.
August 16, 2012 Reminder of August 31 Deadline for Disclosures to Plan Participants
As a reminder to our clients and friends, the August 31 deadline for disclosing plan fees and investment-related information to participants in 401(k) and similar participant-directed plans (as required by DOL Regulation Sec. 2550.404a-5) is rapidly approaching.
August 15, 2012 Investment in Renewable Energy Projects by Real Estate Investment Trusts and Master Limited Partnerships
Recently, Senator Chris Coons (Dem. Del.) and Senator Jerry Moran (Rep. Kan.) introduced a bill, the “MLP Parity Act,” to expand the use of Master Limited Partnerships to finance renewable energy projects.
August 14, 2012 Fifth Circuit Upholds Private Settlement of FLSA Claims
Recently, the U.S. Court of Appeals for the Fifth Circuit upheld a private settlement of Fair Labor Standards Act claims on the grounds that the settlement resolved a “bona fide dispute as to the number of hours worked,” rather than a waiver of plaintiffs’ substantive FLSA rights.
August 13, 2012 The Global Investigations into LIBOR Implications for Commercial Organisations
The ubiquitous benchmark interest rate applied across commercial contracts, LIBOR (the London Inter Bank Offer Rate), has made the headlines globally for all the wrong reasons. This note explains what the rate is; how it is calculated; the nature of the ongoing global investigations; and how the investigations and their outcomes might affect you.
August 2, 2012 Illinois Amends Right to Privacy in the Workplace Act to Include Social Media
On Aug. 1, Illinois Gov. Pat Quinn (D) signed H.B. 3782, amending Section 10 of the Illinois Right to Privacy in the Workplace Act, (820 ILCS 55), into law.
August 2012 California Court of Appeal Allows Taxpayers’ Multistate Tax Compact Income Apportionment Elections
In Gillette Company et al. v. Franchise Tax Board, the California Court of Appeal held that taxpayers are allowed to elect to use the equally weighted income apportionment formula provided in the Multistate Compact, notwithstanding California legislation which requires use of a double-weighted sales factor.
July 17, 2012 National Labor Relations Board May Review At-Will Employment Statements in Handbooks
The National Labor Relations Board’s Regional Office in Phoenix, Ariz., recently filed a complaint against a national hotel chain, alleging that the at-will provision in the chain’s handbook, which stated that the provision could only be changed through a written agreement between an employee and certain executives, was overbroad and violated the National Labor Relations Act.
July 10, 2012 D.C. Circuit Upholds EPA’s Greenhouse Gas Rules
On June 26, 2012, the U.S. Court of Appeals for the D.C. Circuit upheld four of EPA’s greenhouse gas rulemakings against challenges from industry groups and states in Coalition for Responsible Regulation v. EPA.
July 9, 2012 Record Sentence Handed Down in Sanders Insider Dealing Case
On 19 June 2012 Mr. Justice Simon at Southwark Crown Court sentenced James Sanders, a director of the former UK brokerage firm Blue Index, to four years’ imprisonment after pleading guilty to 10 counts of insider dealing.
June 29, 2012 The EU Unified Patent Court — Agreement Reached
Court of “Exclusive Competence” For EU Patent Litigation
To Be Headquartered in Paris....and London....and Munich!
It was announced today that the Heads of State or Government of the Member States of the EU had reached agreement on what has been doggedly called the “last outstanding issue” on the socalled patent package establishing a Unified Patent Court and litigation system for the EU, namely the location of the Central Division of the UPC.
June 25, 2012 Supreme Court Holds That the Government Must Prove Beyond a Reasonable Doubt to a Jury Any Fact That Increases the Maximum Available Criminal Fine
In Southern Union Co. v. United States, the Supreme Court held that the rule it had established in Apprendi v. New Jersey – that the Sixth Amendment’s jury trial guarantee requires that any fact (other than of a prior conviction) that increases the maximum punishment for a particular crime must be proven to a jury beyond a reasonable doubt – applies to the imposition of criminal fines as well as to imprisonment
June 21, 2012 Supreme Court Holds First Amendment Bars SEIU from Requiring Objecting Nonmembers to Pay Special Fee to Finance Political Activities
The Supreme Court held that the SEIU violated the First Amendment when it required objecting nonmembers to pay a special fee for the purposes of financing the union’s political and ideological activities.
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