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HTMLSEC Uses Data Analytics to Identify and Punish Late Form Filers
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
September 15, 2014, previously published on September 12, 2014
Can merely late filing of “routine” forms get you in trouble with the SEC? Yes, at least if it happens too often. On Wednesday the SEC announced charges and financial penalties totaling $2.6 million against 28 officers, directors, and major shareholders for repeated late filing of SEC...

 

HTMLDelaware Court of Chancery Upholds North Carolina Forum Selection Bylaw for Delaware Corporation
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
September 15, 2014, previously published on September 9, 2014
Yesterday, in City of Providence v. First Citizens BancShares, Inc., Chancellor Andre Bouchard of the Delaware Court of Chancery held in a case of first impression that the board of a Delaware corporation may validly adopt a bylaw that designates an exclusive forum other than Delaware for...

 

HTMLWhat Does Delaware’s Wal-Mart Decision Mean for the Attorney-Client Privilege and Internal Investigations?
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
September 15, 2014, previously published on September 2, 2014
The Delaware Supreme Court’s decision in Wal-Mart Stores, Inc. v. Indiana Electrical Workers Pension Trust Fund IBEW, No. 614, 2014 Del. LEXIS 336, 2014 WL 3638848 (July 23, 2014), a Section 220 “books and records” case concerning allegations that Wal-Mart’s Mexican...

 

HTMLSEC Gives $300,000 Whistleblower Award to Audit and Compliance Employee
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
September 15, 2014, previously published on September 3, 2014
Last week the SEC announced that, for the first time, it had made a whistleblower award to an employee who performs audit and compliance functions at a company. As the SEC noted in its order in the case, although its regulations generally preclude whistleblower awards to employees whose principal...

 

HTMLThe Affordable Care Act—Countdown to Compliance for Employers, Week 16: So What, Exactly, is an “Offer of Coverage”?
Alden J. Bianchi, Edward A. Lenz; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
September 12, 2014, previously published on September 8, 2014
Whether an employer makes the requisite offer of group health plan coverage is critical to the application of the Affordable Care Act’s employer shared responsibility rules as reflected in final implementing regulations issued earlier this year (and see here for a useful IRS summary of those...

 

HTMLEmployers on Either Side of Employee Poaching Should Consider Taking Some (Rather Easy) Steps to Better Protect Themselves
Gauri P. Punjabi; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
September 4, 2014, previously published on September 2, 2014
Recently, litigation consultant TrialGraphix Inc. sued its competitor FTI Consulting, Inc. and four former high-ranking employees in New York Supreme Court for allegedly scheming to steal its trade secrets and gain access to its clients. The complaint alleges that despite signing restrictive...

 

HTMLThe Affordable Care Act—Countdown to Compliance for Employers, Week 18: Emerging Strategies to Reduce or Eliminate Exposure for Assessable Payments under the Affordable Care Act’s Pay-or-Play Rules
Alden J. Bianchi; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
September 2, 2014, previously published on August 25, 2014
The Affordable Care Act’s employer shared responsibility, or “pay-or-play,” rules require “applicable large employers” (generally employers with 50 or more full-time and full-time equivalent employees) to offer group health plan coverage (i.e., “play”) or...

 

HTMLThe Food Fight Continues: Vermont AG Seeks to Dismiss Lawsuit Against GMO Labeling Law
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
September 2, 2014, previously published on August 18, 2014
In June, we reported on a suit brought by the Grocery Manufacturers Association (“GMA”) seeking to rescind Vermont’s new GMO-labeling statute, Act 120. As we explained in that post, the GMA argues that Act 120 is doubly unconstitutional: not only does the law violate the Commerce...

 

HTMLAre Airbnb Hosts Regulated by the CPSC? Short-Term Rental Properties May Require Compliance with Pool & Spa Safety Laws
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
September 2, 2014, previously published on August 21, 2014
In the wake of the tragic drowning of Virginia Graeme Baker, the granddaughter of former Secretary of State James Baker, Congress passed and President Bush signed into law the Virginia Graeme Baker Pool and Spa Safety Act. The legislation was sponsored by Congresswoman Debbie Wasserman Schultz...

 

HTMLHawaii G-M-O: Kauai County GMO Regs Struck Down in Federal Court
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
September 2, 2014, previously published on August 28, 2014
Throughout the year, this space has periodically re-visited the topic of regulating the manufacture and labeling of foods with genetically modified ingredients (GMOs) at the state and federal level. This week, a lawsuit out of Kauai, Hawaii shed light on the fate of these regulations at the county...

 


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