Document(s) published by this organization: 196
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|Rejecting the Aspire Court Decision, the CFTC Proposes a ‘Private Right of Action’ Amendment to RTO-ISO Order|
Harris L. Kay, Gregory K. Lawrence; Greenberg Traurig, LLP;
June 7, 2016, previously published on May 18, 2016On March 28, 2013, the Commodity Futures Trading Commission (CFTC) issued an Order (the RTO-ISO Order), which exempted certain electric energy transactions conducted in particular regional transmission organizations (RTOs) and independent system operators (ISOs) from the Commodity Exchange Act...
|The DOL Issues Broader Fiduciary Adviser Definition: What Does it Mean for You?|
Jeffrey D. Mamorsky; Greenberg Traurig, LLP;
June 7, 2016, previously published on May 19, 2016Since the enactment of ERISA in 1974, there has been a dramatic shift in the retirement savings marketplace from employer-sponsored defined benefit plans to participant-directed 401(k) plans, coupled with the widespread growth of Individual Retirement Accounts and Annuities (IRAs). In fact, 401(k)...
|The Department of Labor’s White Collar Overtime Rules Are Here: An Increase in the Minimum Salary, but No Changes to the Duties Test|
James N. Boudreau, Adam Roseman; Greenberg Traurig, LLP;
June 7, 2016, previously published on May 18, 2016The Department of Labor (DOL) released its much anticipated Final Rule revising its amended white collar overtime regulations this afternoon at an event in Columbus, Ohio.
|The ARB Potentially Broadens Protected Activity Under Sarbanes-Oxley|
Adam Roseman; Greenberg Traurig, LLP;
June 7, 2016, previously published on May 19, 2016Just when employers thought that the anti-retaliation provision of the Sarbanes-Oxley Act of 2002 (SOX), 15 U.S.C. § 1514A, already covered a broad range of protected conduct, the Department of Labor’s Administrative Review Board (ARB), the appellate body that reviews Administrative Law...
|Omnicare Applied to Audit Reports by the Second Circuit|
Karl G. Dial; Greenberg Traurig, LLP;
June 6, 2016, previously published on May 23, 2016On Friday, May 20, 2016, the Second Circuit issued the first opinion by a Circuit Court applying the Supreme Court’s Omnicare decision to audit reports under Section 11 of the Securities Act of 1933. The Second Circuit’s Summary Order, issued in In re Puda Coal Securities, Inc....
|Treasury Proposes New Regulations on Disregarded Entities Owned by Nonresident Aliens|
Mary F. Voce, Kenneth Zuckerbrot; Greenberg Traurig, LLP;
May 31, 2016, previously published on May 12, 2016If you ask the typical American tax administrator to name a notorious tax haven they would probably name the Cayman Islands or the British Virgin Islands or some other small nation that makes a disproportionate amount of its budget by accommodating international tax structures. Ask the same...
|CFPB Proposed Rule on Consumer Finance Arbitration|
Jennifer L. Gray, Brett M. Kitt, Gil Rudolph, Murray B. Silverstein; Greenberg Traurig, LLP;
May 31, 2016, previously published on May 16, 2016On May 5, 2016, the Consumer Financial Protection Bureau (CFPB) presented for public comment its proposed rule prohibiting the use of mandatory pre-dispute arbitration clauses that waive class action lawsuits. The proposed rule would require providers to explicitly disclose to consumers that the...
|How ‘The Defend Trade Secrets Act’ Affects Your Employment Agreements|
Kurt A. Kappes, Adam B. Landa; Greenberg Traurig, LLP;
May 30, 2016, previously published on May 13, 2016On May 11, 2016, President Obama signed the Defend Trade Secrets Act (DTSA) into law. The DTSA is immediately effective, and applies to misappropriation that occurs after its enactment. The DTSA is the most significant expansion of intellectual property law since the Lanham Act was passed in the...
|The Defend Trade Secrets Act of 2016|
Kurt A. Kappes, Richard C. McCrea; Greenberg Traurig, LLP;
May 30, 2016, previously published on May 4, 2016On April 27, 2016, Congress passed the “Defend Trade Secrets Act of 2016.” The Act (the DTSA) passed the House by a vote of 410 to 2. The bill passed the Senate April 4, 2016, by a vote of 87 to 0. Congress enacted the DTSA largely due to its concerns about Chinese espionage and online...
|New York Sales and Use Tax and Works of Art|
Glenn Newman; Greenberg Traurig, LLP;
May 26, 2016, previously published on May 12, 2016Sales tax on the purchase of artwork adds up to a significant amount in the high-end art world. Art dealers and collectors should be aware of two recent New York sales tax developments when it comes to selling or purchasing works of art.