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HTMLRecent CFTC Developments
Proskauer Rose LLP;
Legal Alert/Article
January 31, 2014, previously published on Winter 2014
In the crush of dealing with the new rules and mechanisms for trading and clearing swaps, private fund managers may have missed a few developments of particular relevance to Commodity Futures Trading Commission (CFTC) registered commodity pool operators (CPOs) and commodity trading advisors (CTAs).

 

HTMLAnti-Corruption Investigations in the Private Fund World
Mark J. Biros; Proskauer Rose LLP;
Legal Alert/Article
January 31, 2014, previously published on Winter 2014
As private investment firms expand further into emerging markets seeking greater margins of return, their margin for error narrows. Anti-corruption efforts abound internationally. Careful business and legal planning, employed to enhance the value of a transaction, similarly must be applied to avoid...

 

HTMLIRS Introduces New Procedures for Reinstatement of Tax-Exempt Status
Amy Zelcer; Proskauer Rose LLP;
Legal Alert/Article
January 31, 2014, previously published on January 27, 2014
Tax-exempt organizations that have had their tax-exempt status automatically revoked because of failure to file required annual returns for three consecutive years can follow new procedures for seeking reinstatement of their tax exemptions. The IRS released these procedures in Revenue Procedure...

 

HTMLH-1B Cap: No, It Is Not Too Early
Proskauer Rose LLP;
Legal Alert/Article
January 31, 2014, previously published on January 27, 2014
While it may seem early, it is a good time for employers to start preparing for the H-1B Cap for Fiscal Year 2015, which begins October 1, 2014. Demand for the H-1B has steadily increased, with last year's cap being reached in the first week of filing. Employers should expect this trend to continue...

 

HTMLOMB Approves Section 503 Voluntary Self-Identification Form
Connie N. Bertram; Proskauer Rose LLP;
Legal Alert/Article
January 31, 2014, previously published on January 27, 2014
On January 22, 2014, after several months of review, the Office of Management and Budget (“OMB”) finally approved the voluntary self-identification form required by the Section 503 Final Rule that becomes effective on March 24, 2014.

 

HTMLNew York City Earned Sick Time Act to Be Expanded
Fredric C. Leffler, Marc A. Mandelman, Katharine H. Parker, Leslie E. Silverman, Allan H. Weitzman; Proskauer Rose LLP;
Legal Alert/Article
January 31, 2014, previously published on January 28, 2014
The New York City Earned Sick Time Act (the "Act") will take effect on April 1, 2014. As previously reported in our earlier client alerts, the Act requires most New York City employers to provide mandatory paid and unpaid sick leave to employees working in New York City, subject to...

 

HTMLDeadlines Approaching for Employer Return Requirements for ISOs and ESPPs - Reporting Requirements for 2014
Ira G. Bogner, Andrea S. Rattner; Proskauer Rose LLP;
Legal Alert/Article
January 27, 2014, previously published on January 22, 2014
Section 6039 of the Internal Revenue Code of 1986, as amended (the "Code"), requires corporations to furnish information statements to their employees (including former employees) and to the Internal Revenue Service ("IRS") with respect to (i) the exercise of an incentive stock...

 

HTMLFederal Trade Commission Announces 2014 Threshold Revisions for HSR Act and for Clayton Act Section 8 Prohibition on Interlocking Directorates
Proskauer Rose LLP;
Legal Alert/Article
January 27, 2014, previously published on January 21, 2014
The Hart-Scott-Rodino Antitrust Improvements Act of 1976, commonly known as the HSR Act, requires parties to certain corporate transactions to notify the Federal Trade Commission and Department of Justice, and to observe a waiting period prior to consummation. The HSR Act enables antitrust...

 

HTMLD.R. Horton and the Arbitration Hotchpotch: Emerging “Rules” and the Future of Compelled Arbitration in California
Keith A. Goodwin, Kenneth D. Sulzer; Proskauer Rose LLP;
Legal Alert/Article
January 23, 2014, previously published on January 17, 2014
Last December, the Fifth Circuit issued its long-awaited decision in D.R. Horton, Inc. v. NLRB, holding that employers may require employees to sign arbitration agreements categorically waiving the right to pursue employment claims in a collective or class action. In doing so, the Fifth...

 

HTMLNLRB ALJ Says That Under D.R. Horton, Actions Speak As Loudly as Words
Ronald E. Meisburg; Proskauer Rose LLP;
Legal Alert/Article
January 23, 2014, previously published on January 21, 2014
A few weeks ago, we posted about the Fifth Circuit’s decision in the D.R. Horton case and the NLRB’s doctrine of non-acquiescence. As you will recall, in D.R. Horton, the NLRB held that an employer violates the right of employees to engage in concerted activity by maintaining an...

 


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