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Proskauer Rose LLP Document Search Results (378) Show: results per page Sort by:  | UK Regulators Propose Implementing Rules and Regulations on AIFMD
Proskauer Rose LLP;
Legal Alert/Article April 1, 2013, previously published on March 28, 2013 On 19 March 2013, the UK Financial Services Authority (FSA) published Part II (CP2) of its three-part consultation series on Implementation of the Alternative Investment Fund Managers Directive (AIFMD). The consultation period closes on 10 May 2013.
| | Second Circuit Orders Arbitration and Reverses District Court’s Decision in Parisi v. Goldman, Sachs & Co., Finding No Substantive Statutory Right to Pursue a Pattern or Practice Claim under Title VII
Keisha-Ann G. Gray, Steven D. Hurd, Kathleen M. McKenna, Nigel F. Telman; Proskauer Rose LLP;
Legal Alert/Article March 28, 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...
| | State Senate Committee Considers Flexible Work Scheduling Bill
Joseph E. Clark; Proskauer Rose LLP;
Legal Alert/Article March 28, 2013, previously published on March 22, 2013 California State Sen. Tom Berryhill (R-Modesto) recently introduced Senate Bill 607, reviving efforts to permit employers and employees to agree on flexible work schedules, such as four 10-hour days per week. Unionized workplaces already allow employees to elect to work four 10-hour days; SB 607,...
| | Retaliatory Discharge Under Illinois Law: “Public Policy” Strictly Interpreted Once Again
Harris Michael Mufson, Steven J. Pearlman; Proskauer Rose LLP;
Legal Alert/Article March 28, 2013, previously published on March 27, 2013 An Illinois state court of appeals recently held that the Cook County Department of Public Health (“Cook County”) was not liable for common law retaliatory discharge because plaintiff/appellant failed to identify a cognizable “public policy.” Lucas v. County of Cook, Case...
| | DOL Seeks To Defend Its Data Gathering Authority
Daniel J. Davis; Proskauer Rose LLP;
Legal Alert/Article March 28, 2013, previously published on March 27, 2013 Last week, the Department of Labor moved to dismiss Frito-Lay’s lawsuit (Frito-Lay, Inc. v. Department of Labor, 3:12-cv-01747 (N.D. Tex. 2012)) seeking to block the production of employment data for an OFCCP investigation into discrimination at its Dallas facility. The case is an important...
| | Supreme Court: Certification Requires Class-wide Proof of Damages
Mark W. Batten; Proskauer Rose LLP;
Legal Alert/Article March 28, 2013, previously published on March 27, 2013 The dissent in today’s Supreme Court decision on class certification, Comcast Corp. v. Behrends, argues that “the decision should not be read to require, as a prerequisite to certification, that damages attributable to a classwide injury be measurable on a class-wide basis.” The...
| | IRS Clarifies Applicability of Pay or Play to Multiemployer Plans’ Contributing Employers
Robert M. Projansky; Proskauer Rose LLP;
Legal Alert/Article March 28, 2013, previously published on March 22, 2013 Last Friday, employers contributing to multiemployer plans received some good news. As expected, the Internal Revenue Service amended the transition rule for 2014 originally set forth in its proposed regulations on the pay or play mandate. An employer required by a collective bargaining agreement...
| | OSHA Penalizes another Railroad Company in Whistleblower Action
Michael J. Graham, Steven J. Pearlman; Proskauer Rose LLP;
Legal Alert/Article March 27, 2013, previously published on March 24, 2013 On February 28, 2013, OSHA ordered Union Pacific Railroad (UP) to reinstate the employment of and pay over $309,000 ($150,000 in punitive damages, $87,600 in compensatory damages, $71,700 in back pay with interest, plus attorney’s fees) to a locomotive conductor who alleged he was discharged...
| | Third Circuit Lowers Bar For Determining Whether Internal Complaint Is SOX Protected Activity
Lloyd B. Chinn, Harris Michael Mufson, Steven J. Pearlman, Michael D. Spencer; Proskauer Rose LLP;
Legal Alert/Article March 27, 2013, previously published on March 25, 2013 In Wiest v. Lynch, No. 11-cv-4257, 2013 U.S. App. LEXIS 5345 (3d Cir. March 19, 2013), the Third Circuit gave Chevron deference to U.S. Department of Labor Administrative Review Board’s (ARB) interpretation of “protected activity” under Section 806 of SOX in Sylvester v. Parexel...
| | Fully-Insured Expatriate Health Plans Get Extra Time to Comply with PPACA
Tzvia Feiertag; Proskauer Rose LLP;
Legal Alert/Article March 27, 2013, previously published on March 20, 2013 Recognizing that expatriate group health plans may find it impossible, or nearly impossible, to comply with all of the relevant provisions of the Patient Protection and Affordable Care Act of 2010 (PPACA), the U.S. Labor Department, the U.S. Department of Health and Human Services (HHS) and the...
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