martindale.com
Legal Library
|
Proskauer Rose LLP Document Search Results (378) Show: results per page Sort by:  | Illinois Whistleblower Act: Employee Need Not Be Original Source To Have An Actionable “Disclosure”
Proskauer Rose LLP;
Legal Alert/Article March 13, 2013, previously published on March 4, 2013 An Illinois Appellate Court recently found that the Illinois Whistleblower Protection Act (740 ILCS § 174/1, et seq.) (IWA) does not require that the employee’s disclosure is the first, or only, disclosure of a violation of a state or federal law, rule or regulation for that disclosure...
| | OSHA Issues Interim Final Rule on PPACA Whistleblower Provision
Proskauer Rose LLP;
Legal Alert/Article March 12, 2013, previously published on March 8, 2013 On February 22, 2013, the federal Occupational Safety and Health Administration (OSHA) released an interim final rule concerning the whistleblower protection provisions of The Patient Protection and Affordable Care Act (PPACA). The PPACA whistleblower provision protects employees of health...
| | SEC Inadvertently Produces Whistleblower Complaint, But Then Obtains Protective Relief
Proskauer Rose LLP;
Legal Alert/Article March 12, 2013, previously published on March 8, 2013 During discovery in an SEC administrative and cease-and-desist proceeding instituted in December 2012 (pursuant to Sections 9(b) and 9(f) of the Investment Company Act of 1940)[1] the SEC Division of Enforcement (DOE) inadvertently produced 11 privileged e-mails to the respondents. This is...
| | Second Circuit “Clarifies” SOX Burden-Shifting Framework
Proskauer Rose LLP;
Legal Alert/Article March 11, 2013, previously published on March 6, 2013 On March 5, 2013, the U.S. Court of Appeals for the Second Circuit “clarified” the burden-shifting framework for whistleblower claims brought under Section 806 of the Sarbanes-Oxley Act of 2002 (“SOX”), 18 U.S.C. § 1514A. This blog posting summarizes the standard...
| | Estate of Kite v. Commissioner, T.C. Memo 2013-43
Proskauer Rose LLP;
Legal Alert/Article March 11, 2013, previously published on March 2013 The Tax Court held that a surviving spouse's sale of substantial entity interests to trusts for her children in exchange for a 10-year deferred private annuity was a valid transfer for full and adequate consideration because the value of the annuity had been properly valued using the actuarial...
| | FINRA: The FAA Requires Enforcement of Judicial Class Action Waiver in Pre-Dispute Arbitration Agreement But Does Not Preempt FINRA Rules Permitting Consolidation of Multiple Parties' Claims
Proskauer Rose LLP;
Legal Alert/Article March 11, 2013, previously published on March 7, 2013 On February 21, 2013, the Financial Industry Regulatory Authority (FINRA) issued a written decision finding that the Federal Arbitration Act (FAA) bars FINRA from enforcing FINRA Rules intended to preserve judicial class actions when a customer executes a pre-dispute agreement waiving a right to...
| | PLR 201303003
Proskauer Rose LLP;
Legal Alert/Article March 11, 2013, previously published on March 2013 The IRS privately ruled that a marital trust that qualified as a QTIP trust under Internal Revenue Code Section 2056(b)(7) would still qualify as such following a proposed division into two separate trusts.
| | MNPI and NDAs: The Alphabet Soup of Getting Restricted
Proskauer Rose LLP;
Legal Alert/Article March 8, 2013, previously published on February 25, 2013 Investors wanting to equip and position themselves to negotiate a debtor's restructuring may temporarily relinquish their ability to buy and sell securities in exchange for access to material nonpublic information ("MNPI"). This delicate balance between the need for investment liquidity...
| | Wang v. Chinese Daily News: the Ninth Circuit Takes A Step
Proskauer Rose LLP;
Legal Alert/Article March 8, 2013, previously published on March 6, 2013 We’ve been watching the stuttering progress of Wang v. Chinese Daily News for some time. The plaintiffs brought a wide range of claims, alleging denial of overtime, meal breaks, wage statements, and timely pay after termination, under the FLSA and California law. The district court certified...
| | Eleventh Circuit: Liquidated Damages For FLSA Retaliation Discretionary, Not Mandatory
Proskauer Rose LLP;
Legal Alert/Article March 8, 2013, previously published on February 22, 2013 The Eleventh Circuit joined the Sixth and Eighth Circuits in holding that liquidated damages awards for FLSA retaliation claims are discretionary, not mandatory. Moore v. Appliance Direct, Inc., No. 11-cv-15227 (11th Cir. Feb. 13, 2013). Though encouraging for employers, the decision does not...
|
|