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HTMLThe Terrorism Risk Insurance Act (TRIA) Set to Expire Year End
Eric L. Altman; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
January 30, 2015, previously published on December 17, 2014
The Terrorism Risk Insurance Act (TRIA) now appears set to expire as of December 31, 2014, barring further action from Congress. The Terrorism Risk Insurance Program Reauthorization Act of 2014 would have extended the existing terrorism insurance coverage under TRIA. Although the House of...

 

HTMLAFL-CIO’s Industry Wide Agreement May Have Wide Reach in Hospitality Industry
Rachel J. Tischler; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
January 30, 2015, previously published on January 5, 2015
Mid-way through 2012, the Hotel Association of New York City and the New York Hotel & Motel Trades Council, AFL-CIO (the “Union”), renewed a seven-year collective bargaining agreement known as the Industry Wide Agreement, or IWA. While the IWA controls nearly all aspects of the...

 

HTMLFINRA Issues Guidance Notice on Confidentiality Provisions in Settlement Agreements and the Arbitration Discovery Process
Manuel F. Gomez, Jeff Kern; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
January 16, 2015, previously published on November 12, 2014
In Regulatory Notice 14-40, FINRA reminds members that it is a violation of FINRA Rule 2010 (Standards of Commercial Honor and Principles of Trade) to incorporate into a settlement agreement a confidentiality provision restricting or prohibiting a customer or other person from communicating with...

 

HTMLSecond Circuit Limits "Tippee" Insider Trading Liability
Sarah E. Aberg, MaryJeanette Dee; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
January 16, 2015, previously published on December 11, 2014
In United States v. Newman, No. 13-1837 (2d Cir. Dec. 10, 2014), the United States Court of Appeals for the Second Circuit reversed the 2013 convictions of Anthony Chiasson and Todd Newman on charges of conspiracy to commit insider trading and insider trading under 18 U.S.C. § 371, Sections...

 

HTMLFederal Court Limits Tribe’s, Secretary’s Options When States Balk at Gaming Compact
Christine L. Swanick, Wilda Wahpepah; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
January 13, 2015, previously published on October 22, 2014
A federal district court in New Mexico has issued a decision finding that the U.S. Department of the Interior’s regulations permitting the Secretary of the Interior to adopt Class III gaming procedures for a tribe lacking a Tribal-State Compact are invalid and violate the Indian Gaming...

 

HTMLMajor Shakeup at NYC Commission on Human Rights
Christopher J. Collins; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
January 10, 2015, previously published on December 1, 2014
On November 21, 2014, New York City Mayor Bill de Blasio announced a major shakeup at the NYC Commission on Human Rights, replacing all eight Bloomberg-appointed Commissioners and the Commission Chair.

 

HTMLU.S. Supreme Court Rules that Security Screening Time is Non-Compensable Under Federal Law and The Portal-to-Portal Act
Gregg A. Fisch, James R. Hays, Jonathan Sokolowski; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
January 10, 2015, previously published on December 11, 2014
In a decision issued on Tuesday, December 9, 2014, the United States Supreme Court ruled that employees are not entitled to compensation under the federal Fair Labor Standards Act (“FLSA”) for the time they spend waiting to undergo, and actually do undergo, security screenings. The...

 

HTMLNinth Circuit Rules That Twombly Standard of Specificity Applies to FLSA Pleadings
Ryan Duffy, Gregg A. Fisch; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
January 9, 2015, previously published on November 17, 2014
On November 12, 2014, in Greg Landers v. Quality Communications Inc., the Ninth Circuit clarified a previously unsettled point of law by confirming that Fair Labor Standards Act (FLSA) pleadings must meet the specificity requirements established in the U.S. Supreme Court’s decisions in Bell...

 

HTMLEmployer Permitted to Use “After-Acquired” Evidence at Discrimination Trial
Kevin J. Smith; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
January 8, 2015, previously published on October 22, 2014
In Weber v. Fujifilm Medical Systems USA Inc., et al., case numbers 13-4891 and 14-0206, decided on October 9, 2014, the U.S. Court of Appeals for the Second Circuit held that a former executive’s employer could use “after-acquired” evidence - evidence of an employee’s...

 

HTMLThe EEOC’s Assault on Separation Agreements - A Bump in the Road, But It’s Far From Over
Christopher J. Collins; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
January 8, 2015, previously published on October 29, 2014
Most employers have separation agreement forms that have served them well over the years. The terms have become fairly standardized and, aside from the occasional tweak, they don’t change much and are rarely challenged. Enter the EEOC, upsetting the apple cart with its new strategic...

 


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