Legal Articles: Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.

 







Document(s) published by this organization: 642


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HTMLFederal Judge Denies EEOC’s Petition for Temporary Restraining Order; Allows Employer to Penalize Employees Who Decline to Participate in Employee Wellness Program
Gauri P. Punjabi; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
November 17, 2014, previously published on November 5, 2014
Last week, we blogged about the EEOC’s recent litigations involving employee wellness programs, including the Honeywell case where the EEOC sought to prohibit Honeywell from penalizing employees who decline to participate in the company’s wellness program. On Monday, a Minnesota...

 

HTMLSEC’s Increased Use of Administrative Proceedings Draws Criticism and Legal Challenges
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
November 17, 2014, previously published on November 12, 2014
The SEC’s plan to bring more enforcement actions as administrative proceedings before its own administrative law judges rather than in the federal district courts - even in insider trading cases - has been drawing increasing criticism and legal challenges. Most recently, Judge Jed Rakoff of...

 

HTMLNovember Elections Impact the Food & Beverage Industry (Part 1)
Michelle Gillette, Mina Nasseri; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
November 17, 2014, previously published on November 6th, 2014
Bids to require mandatory labeling of foods containing genetically modified organisms (GMO) were voted down in Colorado and Oregon on Tuesday. Colorado voters rejected Proposition 105, with nearly 70% of voters saying no; while Oregon voters rejected Measure 92, with only 50.9% against the...

 

HTMLBusiness Judgment Rule Protects Board’s Decision to Maximize the Value of an Insolvent Delaware Corporation Even If It Puts Creditors at Risk
A. W. "Chip" Phinney, Kevin J. Walsh; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
November 17, 2014, previously published on October 31, 2014
Directors of an insolvent corporation face a host of difficult questions. Should they wind up operations or file for bankruptcy to preserve assets for creditors, or chart a riskier course that could lead the company back to profitability and possibly create value for shareholders? If they choose...

 

HTMLHow to Tailor Your Strategies for Engaging With Shareholder Activists
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
November 17, 2014, previously published on October 30, 2014
When it comes to engaging with shareholder activists, one size does not fit all. It’s crucial to think about the activist’s goals and possible outcomes. Is the activist seeking governance reforms, or a short-term return on an investment? How likely is it that the engagement will be...

 

HTMLSupreme Court Seems Likely to Adopt Reasonable Basis Standard for Section 11 Claims Concerning Statements of Opinion in Registration Statements
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
November 17, 2014, previously published on November 5, 2014
If Monday’s oral argument in Omnicare, Inc. v. Laborers District Council Construction Industry Pension Fund is a reliable indicator, it seems likely that the Court will adopt the “reasonable basis” standard advocated by the Solicitor General’s Office and the SEC for claims...

 

HTMLSEC Scrutiny of Crowd investing Sites Not Registered as Broker-Dealers
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
November 17, 2014, previously published on November 11, 2014
On November 10, 2014, the SEC announced a settlement with Eureeca Capital SPC, which is a crowdinvesting portal incorporated in the Cayman Islands. Eureeca’s website seeks to match foreign-based issuers with investors interested in making equity investments. The website provides information...

 

HTMLThe High Cost of Whistleblowing
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
November 17, 2014, previously published on November 3, 2014
In a number of recent posts, we have highlighted the SEC’s whistleblower program, which offers awards of 10%-30% of the money collected where a whistleblower provides high-quality, original information that results in an SEC enforcement action with sanctions exceeding $1 million.

 

HTMLSEC Introduces "Control Person" Liability as Enforcement Action Weapon in Claim Against Municipal Officer for Misleading Bond Offering Document
Leonard Weiser-Varon; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
November 17, 2014, previously published on November 10, 2014
The U.S. Securities and Exchange Commission recently settled the first securities fraud charges brought against a municipal official alleging "control person" status under the federal securities laws. The SEC’s settlement with the former mayor of the city of Allen Park, Michigan...

 

HTMLIt’s a Material IP World: Trademarks, Copyrights, Design Patents and Fabric Designs
Susan Neuberger Weller; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
November 17, 2014, previously published on November 5th, 2014
Fabric design is a creative art form that has existed for thousands of years. Although the methods for creating such designs have evolved, the purpose and function of such designs has not changed as significantly. Fabric designs are used for purely ornamental and decorative purposes, for purposes...

 


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