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HTMLChina Issues Policies on Further Development of the Insurance Industry
Zhen Han, Jing Ye; Johnson Stokes & Master Mayer Brown JSM;
Legal Alert/Article
September 1, 2014, previously published on August 27, 2014
The State Council of the People’s Republic of China has issued Several Opinions on Accelerating the Development of the Modern Insurance Industry (“2014 Insurance Opinions”), effective from 10 August 2014.

 

HTMLTip of the Month: Staying Informed About State Data Breach Laws
Rebecca S. Eisner, Kim A. Leffert, Lei Shen; Mayer Brown LLP;
Legal Alert/Article
September 1, 2014, previously published on August 29, 2014
A growing consumer products company is expanding its sales from brick and mortar stores to the Internet. The general counsel, who is charged with overseeing information governance at the company, is interested in keeping abreast of state data breach laws as the company grows and expands into new...

 

HTMLCalifornia Supreme Court Ups the Ante for Employers to Meet the Commissioned Employee Exemption
Andrea M. Weiss, Ruth Zadikany, Lori A. Zahalka; Mayer Brown LLP;
Legal Alert/Article
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...

 

HTMLCalifornia District Court Reaffirms that Collective Bargaining Agreements Define When Overtime Begins
Andrea M. Weiss, Ruth Zadikany, Lori A. Zahalka; Mayer Brown LLP;
Legal Alert/Article
August 30, 2014, previously published on August 21, 2014
Decision: In Kilbourne v. Coca-Cola Company, the US District Court for the Southern District of California granted partial summary judgment in favor of Coca-Cola in connection with a former employee’s overtime claims. The court held that, although California Labor Code Section 510 sets forth...

 

Adobe PDFAdministrative and Legislative Options to Address US Corporate Inversions
David M. McIntosh, Anthony "Toby" Moffett; Mayer Brown LLP;
Legal Alert/Article
August 29, 2014, previously published on August 28, 2014
The 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.

 

HTMLPresumption 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;
Legal Alert/Article
August 27, 2014, previously published on August 25, 2014
The 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...

 

HTMLBrazilian Superior Court of Justice Recognizes Environmental Product Liability
Luiz Gustavo Bezerra, Gedham Medeiros Gomes, Gabriela Mello; Mayer Brown LLP;
Legal Alert/Article
August 27, 2014, previously published on August 22, 2014
The 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.

 

Adobe PDFAn Employer can Enforce the Employment Contract against a Departing Employee without Paying Salary
Elizabeth Hodgkinson, Nicholas Robertson; Mayer Brown International LLP;
Legal Alert/Article
August 27, 2014, previously published on August 2014
In 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...

 

HTMLGetting to "Yes": Ninth Circuit Provides Guidance on Formation of "Browsewrap" Arbitration Agreements
Archis A. Parasharami, James F. Tierney; Mayer Brown LLP;
Legal Alert/Article
August 27, 2014, previously published on August 25, 2014
In 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...

 

Adobe PDFOne Servant, Two Masters, Same Service?
Duncan A. W. Abate, Anita W. C. Lam, Hong Tran; Mayer Brown JSM;
Legal Alert/Article
August 25, 2014, previously published on August 20, 2014
According 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...

 


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