Document(s) published by this organization: 363
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|California Supreme Court Ups the Ante for Employers to Meet the Commissioned Employee Exemption|
Andrea M. Weiss, Ruth Zadikany, Lori A. Zahalka; Mayer Brown LLP;
August 30, 2014, previously published on August 21, 2014 Decision: The California Supreme Court recently issued a unanimous decision in Peabody v. Time Warner Cable, Inc., clarifying several issues regarding employer commission plans. Under Time Warner’s commission plan, employees had to meet three specified conditions to “earn” their...
|Administrative and Legislative Options to Address US Corporate Inversions|
David M. McIntosh, Anthony "Toby" Moffett; Mayer Brown LLP;
August 29, 2014, previously published on August 28, 2014The topic of tax incentives for US corporations seeking to “invert” and become a subsidiary of a foreign corporation is receiving heightened attention in Congress and federal agencies.
|An Employer can Enforce the Employment Contract against a Departing Employee without Paying Salary|
Elizabeth Hodgkinson, Nicholas Robertson; Mayer Brown International LLP;
August 27, 2014, previously published on August 2014In this very recent case, the High Court has decided that the employer was entitled to enforce the contract against a departing employee, even though the employer had deliberately stopped paying salary to the individual. This case offers a boost to employers who, until now, have had to chose...
|Brazilian Superior Court of Justice Recognizes Environmental Product Liability|
Luiz Gustavo Bezerra, Gedham Medeiros Gomes, Gabriela Mello; Mayer Brown LLP;
August 27, 2014, previously published on August 22, 2014The Brazilian Superior Court of Justice (STJ) has published a decision recognizing, for the first time, the environmental product liability of manufacturers of potentially polluting products.
|Getting to "Yes": Ninth Circuit Provides Guidance on Formation of "Browsewrap" Arbitration Agreements|
Archis A. Parasharami, James F. Tierney; Mayer Brown LLP;
August 27, 2014, previously published on August 25, 2014In the three years since AT&T Mobility LLC v. Concepcion, courts have largely been rejecting substantive attacks on arbitration agreements that waive class actions. By contrast, in some cases plaintiffs have succeeded in avoiding arbitration by arguing that they never agreed to it in the first...
|Presumption Against Extraterritoriality in Morrison v. National Australia Bank Extended to Private Party Whistleblower Retaliation Cases|
Matthew Bisanz, Marcus Christian, Mark G. Hanchet, Alex C. Lakatos, Richard M. Rosenfeld; Mayer Brown LLP;
August 27, 2014, previously published on August 25, 2014The US Court of Appeals for the Second Circuit has ruled that the presumption against extraterritoriality applies to private party actions under Section 21(h) of the Securities Exchange Act of 1934 (“Exchange Act”). The Second Circuit’s August 14, 2014 decision in Liu v. Siemens...
|One Servant, Two Masters, Same Service?|
Duncan A. W. Abate, Anita W. C. Lam, Hong Tran; Mayer Brown JSM;
August 25, 2014, previously published on August 20, 2014According to the results of a recent survey, Hong Kong tops the poll on places that are using contingent workers in 2014, followed closely by the United States. Contingent workers could be temporary employees, secondees and outsourced workers, employed or supplied by companies to work for either a...
|Arbitration and Ship Arrest in Hong Kong: Post-award arrest in Handytankers KS v. Owners of The Alas|
Bill Amos; Mayer Brown JSM;
August 22, 2014, previously published on August 20, 2014The maritime industry has traditionally favoured arbitration as a method of dispute resolution. Disputes under charterparties, shipbuilding contracts, ship management and sale & purchase agreements will typically be subject to arbitration. Given the international character of shipping,...
|Deductibility of Settlement Payments: US First Circuit Rejects the IRS’s Interpretation of Talley and Section 162(f)|
Hayden D. Brown, Geoffrey M. Collins, Brian W. Kittle; Mayer Brown LLP;
August 22, 2014, previously published on August 18, 2014In Fresenius Medical Care Holdings, the US Court of Appeals for the First Circuit held that taxpayers can meet their burden of proving that a government settlement was compensatory—and thus deductible—with evidence beyond the settlement’s terms. Thus, if the settlement agreement...
|Analysis of Mexico’s New Hydrocarbons Legal Regime|
Pablo C. Ferrante, Dallas Parker, Gabriel J. Salinas, Jose L. Valera; Mayer Brown LLP;
August 19, 2014, previously published on August 13, 2014This legal update addresses the main features of the Hydrocarbons Law and the Hydrocarbons Revenues Law, which became effective on August 12, 2014. The Hydrocarbons Law and the Hydrocarbons Revenues Law are part of a set of new laws to implement the constitutional energy reform that became...