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HTMLThird Circuit Espouses Fact-Sensitive Inquiries in Considering Joint Employer Liability and Compensation for Meal Periods: What Employers Can Do to Brighten the Lines
Robert H. Bernstein, Michael J. Slocum; Greenberg Traurig, LLP;
Legal Alert/Article
December 15, 2015, previously published on December 07, 2015
In a pair of published opinions, raising novel employment issues in this Circuit, the Third Circuit Court of Appeals addressed the test for determining whether a “temporary” worker is an “employee” eligible to assert Title VII claims against the company which contracts their...

 

HTMLNew New Guidance Regarding Barrier Options
John Kaufmann; Greenberg Traurig, LLP;
Legal Alert/Article
December 15, 2015, previously published on December 7, 2015
In a recently released Chief Counsel Advice Memorandum (the “CCA”), the Internal Revenue Service broadened its scrutiny of so-called “barrier option” transactions, which taxpayers have used to defer recognition of income and to convert ordinary income and short-term capital...

 

HTMLThe Trade Date Rule
John Kaufmann; Greenberg Traurig, LLP;
Legal Alert/Article
December 15, 2015, previously published on December 9, 2015
The tax law is like, well, death and taxes - you can run from it, but you cannot hide. This time of year, as buy-side funds, insurance companies, and individual investors seek to harvest built-in taxable losses, they need to pay attention to the trade date rule. This is the rule that governs...

 

HTMLNYS Court Invalidates Executive Compensation “Soft Cap” Regulation
Harold N. Iselin, Joshua L. Oppenheimer, Francis J. Serbaroli; Greenberg Traurig, LLP;
Legal Alert/Article
December 15, 2015, previously published on December 01, 2015
On Nov. 13, 2015, the Albany County Supreme Court upheld New York Governor Cuomo’s Executive Order regarding executive compensation and administrative expenses of certain service providers (EO 38), as well as several aspects of the EO 38 regulations promulgated by the New York State...

 

HTMLDutch Appeals Court Finds Patent Invalid
Lei Huang, Radboud Ribbert; Greenberg Traurig, LLP;
Legal Alert/Article
December 15, 2015, previously published on December 03, 2015
The Greenberg Traurig Amsterdam office played a pivotal role in a groundbreaking judgment concerning patent litigation from The Hague Court of Appeal (the Court of Appeal), on Nov. 24, 2015. The Court of Appeal ratified a judgment of the District Court of The Hague (the District Court), which is...

 

HTMLNoticeability Notably Nuanced
Teresa Charatjan, Jacomijn Christ, Hans Urlus; Greenberg Traurig, LLP;
Legal Alert/Article
December 11, 2015
On Nov. 26, 2015, the Court of Justice of the European Union (CJEU) ruled in SIA Maxima Latvija v. Konkurences Padome, that a clause in a commercial lease agreement between a shopping center lessor and an anchor tenant, granting that anchor tenant the right to oppose the letting of the commercial...

 

HTMLCFTC Settles with Total Gas for Attempted Market Manipulation, And What Says FERC Enforcement?
Douglas M. Grom, Harris L. Kay, Gregory K. Lawrence; Greenberg Traurig, LLP;
Legal Alert/Article
December 10, 2015, previously published on December 9, 2015
Yesterday, the United States Commodity Futures Trading Commission (CFTC) announced that it had simultaneously filed and settled charges against Total Gas & Power North America, Inc. (Total Gas) and Therese Tran (Tran), for violations of Section 6(c) and 9(a)(2) of the Commodity Exchange Act and...

 

HTMLThe Door to Constitutional Challenges Against SEC Administrative Proceedings May Have Just Opened Wider in the Northern District of GA
Terry R. Weiss; Greenberg Traurig, LLP;
Legal Alert/Article
December 2, 2015, previously published on November 23, 2015
Last week, in Ironridge Global IV, Ltd., et al. v. SEC, No. 15-cv-2512, U.S. District Court Judge Leigh Martin May issued her third well-reasoned decision concluding that SEC Administrative Law Judges (“ALJs”) are “inferior officers” and are “likely...

 

HTMLU.S. Imposes Burundi Sanctions
Kara M. Bombach, Cyril T. Brennan, Sandra K. Jorgensen; Greenberg Traurig, LLP;
Legal Alert/Article
December 2, 2015, previously published on November 25, 2015
On Nov. 23, 2015, President Obama issued an Executive Order to establish a new Burundi sanctions program prohibiting U.S. persons from engaging in most transactions with certain designated individuals and entities who contributed to the recent violence in Burundi.

 

HTMLSEC Adopts Regulation Crowdfunding to Facilitate Early Capital Raises
Barbara A. Jones, Ira N. Rosner, John K. Wells; Greenberg Traurig, LLP;
Legal Alert/Article
November 27, 2015, previously published on November 17, 2015
On Oct. 30, 2015, the Securities and Exchange Commission (SEC) adopted Regulation Crowdfunding by a 3-1 vote. The rules were adopted despite concerns expressed in comment letters to the SEC that capital raising through crowdfunding could lead to fraudulent activities, and thereby place...

 


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