Document(s) published by this organization: 436
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|Ninth Circuit Broadens California’s Rule Against Non-competes: Says it Also Includes any Restraint of a ‘Substantial Character’ on the Ability to Engage in a Lawful Profession, Trade or Business of any Kind|
Michelle L. Ducharme, Kurt A. Kappes, James M. Nelson; Greenberg Traurig, LLP;
April 22, 2015, previously published on April 17, 2015Drafting an effective employment agreement or release has become a challenging endeavor for a new reason. In Golden v. California Emergency Physicians Medical Group, the U.S. Court of Appeals for the Ninth Circuit added another source of concern to those employers who deploy “no...
|Sixth Circuit Holds ‘Regular and Predictable On-Site Job Attendance’ To Be an Essential Job Function, Rejects Employee’s Demand to Telecommute Four Days a Week|
Robert H. Bernstein, Michael J. Slocum; Greenberg Traurig, LLP;
April 22, 2015, previously published on April 17, 2015In an important “win” for employers that has potentially widespread implications, the Sixth Circuit Court of Appeals, sitting en banc, reinstated summary judgment dismissing claims asserted by the Equal Employment Opportunity Commission (EEOC) that Ford Motor Company failed to...
|Expansion of New York State’s Lobbying Law Enacted|
Mark F. Glaser, Joshua L. Oppenheimer; Greenberg Traurig, LLP;
April 17, 2015, previously published on April 1, 2015New York State’s 2015-2016 enacted budget includes a variety of changes to the State’s ethics laws, mainly pertaining to disclosure obligations for public officials who maintain outside employment and penalties for failing to comply, as well as pension forfeiture for officials convicted...
|Recent DOJ and Regulatory Actions Against Smaller Institutions Suggest That Community Banks Should Continue to Carefully Consider BSA/AML Risks|
Jared E. Dwyer, Carl A. Fornaris; Greenberg Traurig, LLP;
April 17, 2015, previously published on April 15, 2015On March 31, 2015, the National Credit Union Administration liquidated North Dade Community Development Federal Credit Union of Miami Gardens, Florida. In its press release, the NCUA reported that North Dade was liquidated because the “credit union had violated various provisions of its...
|CFPB Enforcement Action Against Collection Agency and Its Service Providers|
Peter L. Cockrell, Brett M. Kitt, Gil Rudolph, J. Scott Sheehan; Greenberg Traurig, LLP;
April 17, 2015, previously published on April 14, 2015On April 8, the CFPB announced that it had sued a debt collection agency, its individual owners, and its service providers in the United States District Court for the Northern District of Georgia for allegedly violating the Fair Debt Collection Practices Act (FDCPA) and the Consumer Financial...
|New York Lawmakers Agree on 10-Year Extension of Brownfield Law|
Robert M. Rosenthal, Steven C. Russo; Greenberg Traurig, LLP;
April 17, 2015, previously published on April 1, 2015In a departure from his budget proposal, the Legislature negotiated changes with the Governor to extend the tax credits for New York’s Brownfield Cleanup Program (BCP) with relatively modest changes to BCP eligibility requirements. The Governor’s budget proposal would have limited the...
|Supreme Court Decision Impacts Strategic Decision Making for Trademark Enforcement|
Daniel I. Schloss; Greenberg Traurig, LLP;
April 17, 2015, previously published on March 25, 2015On March 24, 2015, the U.S. Supreme Court held that, in some cases, decisions made by the Trademark Trial and Appeal Board (TTAB) of the U.S. Patent and Trademark Office can preclude courts from addressing the same issue decided by the TTAB. The case is B&B Hardware, Inc. v. Hargis Industries,...
|Supreme Court Issues Guidance on Disclosure of Opinions in Registration Statements|
Robert A. Horowitz, Steven M. Malina; Greenberg Traurig, LLP;
April 17, 2015, previously published on March 26, 2015In a highly anticipated opinion issued earlier this week in Omnicare, Inc. v. Laborers District Council Construction Industry Pension Fund, 575 U.S. --- (2015), the U.S. Supreme Court disposed of a split amongst circuits and set forth a new test as to when a statement of opinion in a registration...
|Court Holds that ‘Supremacy Clause’ Does Not Create a Private Right of Action to Enforce the Provisions of Medicaid|
Robert P. Charrow; Greenberg Traurig, LLP;
April 17, 2015, previously published on April 1, 2015On Tuesday, March 31, 2015, in Armstrong v. Exceptional Child Center, Inc., No. 14-15 (U.S. March 31, 2015), the Supreme Court ruled 5-4 that private parties do not have the right under the U.S. Constitution’s Supremacy Clause to sue states over low Medicaid reimbursement rates. Plaintiffs...
|The NLRB’s New ‘Quickie’ Election Rules Take Effect Despite Pending Court Challenges|
Justin F. Keith, Terence P. McCourt, Howard L. Mocerf; Greenberg Traurig, LLP;
April 17, 2015, previously published on April 14, 2015On April 14, 2015 the National Labor Relations Board’s (NLRB) new union election rules (Election Rules) went into effect. As discussed in a prior GT Alert, the NLRB adopted the new rules by a 3-2 vote with the two Republican NLRB members dissenting. As outlined below, the Election Rules make...