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Documents on Labor And Employment, Banking & Financial Services
 

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HTMLRecent Ruling Reaffirms Dodd Frank Internal Protection for Whistleblowers
Berger Montague P.C.;
Legal Alert/Article
June 13, 2013
A recent ruling by a New York federal court marks a key victory for the SEC as it looks to encourage whistleblowers to come forward and report Wall Street fraud and receive internal protection.

 

HTMLDebtor’s Breach of Non-Competition Covenant was Not a Non-Dischargeable Debt Based on a “Defalcation While Acting in a Fiduciary Capacity,” 11 U.S.C. §523(a)(4), or a “Willful and Malicious Injury” Under 11 U.S.C. §523(a)(6)
Elizabeth J. Austin, Irve J. Goldman, Jessica Grossarth, H. William Shure; Pullman & Comley, LLC;
Legal Alert/Article
June 4, 2013, previously published on Spring 2013
In Syncom Industries, Inc. v. Wood (In re Wood), 488 B.R. 265 (Bankr. D. Conn, Mar. 8, 2013) (Dabrowski, J.), the creditor, Syncom, sought a determination that a debt based on the debtor’s breach of a non-competition covenant in his employment contract rose to the level of a non-dischargeable...

 

HTMLAppointment of a Board Member by the President without Senate Consent Is Invalid And Therefore Rulings by a Three-Member Delegee Group That Contains Such a Member Is Vacated
Kronick Moskovitz Tiedemann Girard A Law Corporation;
Legal Alert/Article
June 3, 2013, previously published on May 31, 2013
In National Labor Relations Board v. New Vista Nursing and Rehabilitation (--- F.3d ----, C.A.3, May 16, 2013), the United States Court of Appeals considered the validity of a ruling by the National Labor Relations Board ("NLRB"), made by a three-member delegee group, of which one member...

 

HTMLProblem Solving: An Invaluable Resource
W. Cory Phillips; Weltman, Weinberg & Reis Co., L.P.A.;
Legal Alert/Article
May 21, 2013, previously published on May 16, 2013
Consider whether you organization routinely achieves stated goals or properly identifies and corrects problems? Is there an established procedure to identify and correct negative trends? Effective problem solving can drastically affect the performance of your business by improving areas such as...

 

HTMLSuitable Seating Class Action Cases Are on the Rise in California
Ogletree Deakins Nash Smoak Stewart P.C.;
Legal Alert/Article
April 30, 2013, previously published on April 29, 2013
Green v. Bank of America, No. 11-56365 (February 11, 2013) unpublished: The Ninth Circuit Court of Appeals recently held that employees need not make a request for “suitable seating” before filing a lawsuit against their employers under California’s Private Attorney General Act of...

 

HTMLColorado Becomes Latest State to Restrict Use of Credit Checks for Employment Purposes
Jackson Lewis LLP;
Legal Alert/Article
April 30, 2013, previously published on April 26, 2013
Effective July 1, 2013, Colorado becomes the ninth state to restrict an employer’s right to obtain and use credit information for making employment decisions. Colorado joins California, Connecticut, Hawaii, Illinois, Maryland, Oregon, Vermont and Washington.

 

HTMLSupreme Court Denies Banks’ Appeal in Overtime Class Actions
Ranjan K. Agarwal; Bennett Jones LLP;
Legal Alert/Article
April 4, 2013, previously published on March 28, 2013
Last week, the Supreme Court of Canada denied CIBC and Bank of Nova Scotia leave to appeal the decisions against them in the overtime class actions. In June 2012, the Court of Appeal for Ontario certified class actions against both banks by current and former employees alleging that the banks...

 

HTMLConsumer Financial Protection Bureau Remains In Limbo
Lloyd B. Chinn, Harris Michael Mufson, Steven J. Pearlman; Proskauer Rose LLP;
Legal Alert/Article
March 20, 2013, previously published on March 19, 2013
The authority and leadership of the Consumer Financial Protection Bureau (CFPB), a body created by Dodd-Frank to regulate consumer protection of financial products and services, continues to remain in limbo in the wake of the recent ruling by the United States Court of Appeals District of Columbia...

 

HTMLFormer Bank Auditor’s SOX Retaliation Suit No Bar to Additional Washington Law Wrongful Discharge Claim
Jackson Lewis LLP;
Legal Alert/Article
March 13, 2013, previously published on March 4, 2013
A former internal auditor of a bank may bring a claim for state law wrongful discharge in violation of public policy despite her maintenance of a retaliation claim under the Sarbanes-Oxley Act (“SOX”), the U.S. District Court for the Western District of Washington has decided. McEuen v....

 

HTMLSands’ Casinos Report of “Possible” FCPA Violations Will Draw Scrutiny to the Gaming Industry
Snell Wilmer L.L.P.;
Legal Alert/Article
March 11, 2013, previously published on March 5, 2013
On Friday, March 1, 2013, the parent company of the Las Vegas Sands Corp. (Sands), reported in a filing to the Securities and Exchange Commission (SEC) that the company may have violated the “books and records and internal control provisions” of the Foreign Corrupt Practices Act (FCPA)....

 


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