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Proskauer Rose LLP Document Search Results (378) Show: results per page Sort by:  | District of Colorado Expansively Construes Protected Activity under Dodd-Frank, But Finds No Causation
Harris Michael Mufson, Steven J. Pearlman, Daniel L. Saperstein; Proskauer Rose LLP;
Legal Alert/Article April 8, 2013, previously published on April 5, 2013 The U.S. District Court for the District of Colorado followed a trend of decisions concluding that a plaintiff need not have provided the SEC with information regarding alleged federal securities law violations to pursue a retaliation claim under Dodd-Frank, but it ultimately dismissed the claim...
| | Tyco Seeks En Banc Review of Controversial Third Circuit Wiest v. Lynch Decision
Connie N. Bertram, Lloyd B. Chinn, Harris Michael Mufson, Steven J. Pearlman; Proskauer Rose LLP;
Legal Alert/Article April 6, 2013, previously published on April 4, 2013 Tyco Electronics Corporation filed a Petition for Rehearing En Banc with the Third Circuit on April 2, 2013 asking the court to reconsider its March 19 decision in Wiest v. Lynch, No. 11-cv-4257, 2013 U.S. App. LEXIS 5345 (3d Cir. Mar. 19, 2013). The Tyco petition rightly takes the Wiest majority...
| | Federal District Court Holds that OFCCP Has Jurisdiction Over Hospitals That Provide Services to HMOs Retained by Federal Government
Daniel J. Davis; Proskauer Rose LLP;
Legal Alert/Article April 6, 2013, previously published on April 4, 2013 Earlier this week, the federal district court for the District of Columbia ruled that three hospitals providing medical services through an HMO to U.S. government employees are “subcontractors” subject to OFCCP’s jurisdiction. The decision shows that OFCCP has successfully been...
| | The Fourth Circuit Suspends Statutes Of Limitations On False Claims Act Claims During Times Of War And Holds That The “First To File” Rule Does Not Apply Once Initial Action Has Been Dismissed
Connie N. Bertram, Amy L. Blackwood; Proskauer Rose LLP;
Legal Alert/Article April 4, 2013, previously published on April 2, 2013 In United States ex rel. Carter v. Halliburton Co., No. 12-1011 (4th Cir. Mar. 18, 2013), the Fourth Circuit held that the statute of limitations for False Claims Act claims is suspended during times of war. The court also held that the rule barring a False Claims Act plaintiff (a...
| | IRS Sends Questionnaire to More Than 1,300 Self-Declared Section 501(c)(4), (5) or (6) Organizations
Jamie Bowles; Proskauer Rose LLP;
Legal Alert/Article April 4, 2013, previously published on April 3, 2013 IRS Exempt Organizations group has sent out more than 1,300 questionnaires to self-declared Section 501(c)(4) social welfare organizations; 501(c)(5) labor, agricultural or horticultural organizations; or 501(c)(6) business leagues. The questionnaires are part of IRS efforts to increase voluntary...
| | Utah’s New Internet Employment Privacy Law Continues a Growing Trend
Noa M. Baddish, Katharine H. Parker, Daniel L. Saperstein; Proskauer Rose LLP;
Legal Alert/Article April 3, 2013, previously published on April 2, 2013 On March 26, 2013, Utah joined Maryland, Illinois, California, and Michigan as the fifth state to prohibit employers from requesting that job applicants or employees disclose passwords protecting their personal internet accounts. Given that the U.S. Congress and many other state legislatures have...
| | CBP Implements Automation of the I-94 Arrival Record Card
Proskauer Rose LLP;
Legal Alert/Article April 3, 2013, previously published on March 28, 2013 The Customs and Border Protection (CBP), which conducts inspections at U.S. borders, published a final rule in the Federal Register on March 27, 2013 eliminating the completion of the paper form of the I-94 card. Traditionally, an arriving foreign national completes the I-94 card prior to...
| | California Court Rejects Class Action Waivers In Employment Arbitration Agreements
Laura Reathaford; Proskauer Rose LLP;
Legal Alert/Article April 3, 2013, previously published on April 1, 2013 The California Court of Appeal has rejected a class action waiver in an employment agreement on the basis that the waiver (or agreement) was unconscionable.
| | Second Circuit Mandates Arbitration For Title VII Class Action
Mark W. Batten; Proskauer Rose LLP;
Legal Alert/Article April 3, 2013, previously published on March 27, 2013 On March 21, 2013, the Second Circuit issued its highly-anticipated decision enforcing an arbitration clause and holding that a Title VII plaintiff does not have a substantive right to proceed on a class-wide basis in arbitration or in court. Parisi v. Goldman, Sachs & Co., No. 11-5529-cv (2d...
| | New Labor and Employment Legislation in France - Is French Labor Law Becoming More Flexible?
Cécile Martin, Yasmine Tarasewicz; Proskauer Rose LLP;
Legal Alert/Article April 3, 2013, previously published on April 2, 2013 The combination of the economic crisis and the growth of emerging markets has led to many European governments announcing initiatives to reform employment legislation with the intent of making it simpler and more flexible so as to allow local businesses to become more competitive in the global...
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