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

 







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HTMLSixth Circuit Decision Confirms that Employers May Lawfully Choose Not to Hire a Job Applicant with a Prior History as a False Claims Act Whistleblower
David Barmak; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
December 10, 2014, previously published on November 21, 2014
Some employers in the health care and other industries who regularly deal with the federal government and are subject to the False Claims Act (“FCA”) have felt helpless in trying to weed out serial whistleblowers in the hiring process. After all, most anti-retaliation provisions...

 

HTMLJuries and the EEOC Take Aim at Pregnancy Discrimination
Jessica W. Catlow; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
December 8, 2014, previously published on November 19, 2014
Back in the summer, we wrote about the Equal Opportunity Commission’s release of its updated enforcement guidance on pregnancy discrimination claims under the Pregnancy Discrimination Act. Under the PDA, discrimination based on pregnancy, childbirth or related conditions are a form of sex...

 

HTMLThe Affordable Care Act—Countdown to Compliance for Employers, Week 6: Labor and Treasury Departments Play Whack-a-Mole with Employer Payment Plans
Alden J. Bianchi; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
December 8, 2014, previously published on November 17, 2014
Last year, the Department of Labor and the Treasury Department/IRS (Departments) issued guidance on the application of certain of the Affordable Care Act’s insurance market reforms to health reimbursement arrangements (HRAs), certain health flexible spending arrangements (health FSAs) and...

 

HTMLClass Action Defense Counsel adding ‘The Pick Off’ to Their Playbooks
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
December 5, 2014, previously published on November 21, 2014
In recent years, we’ve noticed a new maneuver that class-action defense counsel have increasingly added to their playbooks: The Pick Off. This is how the play is run: Offer the named plaintiff(s) full relief through a Rule 68 offer of judgment and, even if the plaintiff(s) reject the offer,...

 

HTMLImmigration Developments for Highly Skilled Workers: Changes the Business Community Can Expect as a Result of President Obama’s Executive Action on Immigration Reform
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
December 5, 2014, previously published on November 24, 2014
On Thursday, November 20th, coinciding with President Obama’s announcement regarding his forthcoming executive action on immigration, Department of Homeland Security (DHS) Secretary Jeh Johnson issued a memo to the directors of US Citizenship and Immigration Services (USCIS) and Immigration...

 

HTMLThe Difference A Day Can Make: States Devise Their Own Remedies For Criminal Immigration Reform
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
December 5, 2014, previously published on November 21, 2014
While the three branches of federal government fire off salvos on immigration reform, states are finding ways to tackle challenges to the federal criminal immigration landscape.

 

HTMLA Taste of Things to Come? Whole Foods Feels Sting of “Non-GMO” Litigation
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
December 5, 2014, previously published on November 13, 2014
As we’ve explored in past posts, mandatory GMO-labeling legislation has, at best, a spotty track record among state legislatures. Nevertheless, the GMO issue continues to draw the public’s attention, and it is becoming clear that the “Non-GMO” label now appeals to at least...

 

HTMLKeeping Immigration Site Visits Civil and Focused
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
December 5, 2014, previously published on November 17, 2014
US Citizenship and Immigration Services (USCIS) empowers its Fraud Detection and National Security (FDNS) officers to make unannounced site visits to employers of H-1B and L-1 workers. The stated purpose of these site visits is to ensure the employers and employees in these visa situations are...

 

HTMLCPSC Focusing on Three Areas for Reduction of CPSIA Testing Burdens
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
December 5, 2014, previously published on November 19, 2014
At their April Senate confirmation hearing, both incoming CPSC Chairman Elliot Kaye and Commissioner Joe Mohorovic pledged to Senator John Thune (R-SD) to submit plans for reducing third party testing burdens within 60 days of confirmation. Rather than send separate plans, Kaye and Mohorovic...

 

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...

 


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