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HTMLLiability of a Trust Protector at Issue in McLean v. Ponder
Proskauer Rose LLP;
Legal Alert/Article
December 16, 2013, previously published on December 2013
The Missouri Court of Appeals recently issued an opinion involving the liability of a Trust Protector for not exercising his powers to remove and replace the Trustees of a supplemental needs trust.

 

HTMLDelaware Supreme Court Offers Guidance on When Delaware Law Applies to a Trust Originally Subject to Another State's Law
Proskauer Rose LLP;
Legal Alert/Article
December 16, 2013, previously published on December 2013
In a series of three opinions, all relating to trusts created for the benefit of members of the Peierls Family, the Delaware Supreme Court has offered clarification as to when Delaware law applies to a trust that previously was administered in another state.

 

HTMLBBB Warns Advertisers and Web Publishers to Take Responsibility for Behavioral Advertising Disclosures
Rohit Dave; Proskauer Rose LLP;
Legal Alert/Article
December 16, 2013, previously published on December 13, 2013
The Better Business Bureau (“BBB”) and the Direct Marketing Association (“DMA”) are in charge of enforcing the ad industry’s Self Regulatory Principles for Online Behavioral Advertising (“OBA Principles”), which regulate the online behavioral advertising...

 

HTMLA Race to Nowhere: Supreme Court Dismisses Neutrality Agreement Case
Michael J. Lebowich; Proskauer Rose LLP;
Legal Alert/Article
December 13, 2013, previously published on December 11, 2013
Last month, the Supreme Court heard oral argument in UNITE HERE Local 355 v. Mulhall, a case claiming that a neutrality agreement violated § 302 of the Labor-Management Relations Act, 29 U.S.C. § 186, the anti-union bribery statute which makes it a crime for an employer to give...

 

HTMLSecond Circuit Ruling Opens Door to Telephone Consumer Protection Act Class Actions in New York
Erika M. Stallings, Lawrence I. Weinstein; Proskauer Rose LLP;
Legal Alert/Article
December 13, 2013, previously published on December 12, 2013
Litigation under the Telephone Consumer Protection Act (TCPA) has skyrocketed in recent years, with an estimated eighty percent of all cases filed in or transferred to federal court under the statute occurring in the past five years. Because of the availability of statutory penalties, these cases...

 

HTMLOne Step Backward for NLRB Election Rules
Ronald E. Meisburg; Proskauer Rose LLP;
Legal Alert/Article
December 11, 2013, previously published on December 9, 2013
The NLRB has agreed to voluntarily dismiss its D.C. Circuit appeal in the so-called “ambush” election rules case. The voluntary dismissal of the appeal effectively renders the Board’s previously promulgated election rules a dead letter. But this may be a case of one step backward,...

 

HTMLMadison, Wisconsin Enacts Expansive Unemployment Discrimination Law
Katharine H. Parker, Daniel L. Saperstein; Proskauer Rose LLP;
Legal Alert/Article
December 11, 2013, previously published on December 9, 2013
On December 3, 2013, the Common Council of Madison, Wisconsin passed ORD-13-00211 to prohibit employers from discriminating against job applicants based on their unemployment status.

 

HTMLSEC Issues Interpretive Guidance on the Venture Capital Fund Adviser Exemption
Proskauer Rose LLP;
Legal Alert/Article
December 11, 2013, previously published on December 10, 2013
On December 2, 2013, the SEC's Division of Investment Management issued a new "Guidance Update" that provides some important interpretive guidance on the exemption from registration under the Investment Advisers act of 1940 (the "Advisers Act") for certain venture capital fund...

 

HTMLUnemployment Laws Have New Teeth under the Integrity Act: Are You Ready?
Noa M. Baddish, Susan D. Friedfel, Fredric C. Leffler; Proskauer Rose LLP;
Legal Alert/Article
December 9, 2013, previously published on December 3, 2013
In 2011, President Obama signed the Unemployment Insurance Integrity Act (the "Act") as part of the enactment of the Trade Adjustment Assistance Extension Act of 2011 (“TAAEA”). The Act, which is a subsection of the Federal Unemployment Tax Act ("FUTA"), prohibits...

 

HTMLD.R. Horton and the Doctrine of Non-Acquiescence
Ronald E. Meisburg; Proskauer Rose LLP;
Legal Alert/Article
December 9, 2013, previously published on December 3, 2013
Today’s decision by the U.S. Court of Appeals for the Fifth Circuit in D.R. Horton, Incorporated v. National Labor Relations Board, is a victory for employers who seek to channel work related disputes (other than NLRB charges) into an arbitration system which does not permit class action...

 


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