California Court of Appeal Enforces Class Action and PAGA Waivers in...
On June 4, 2012, the California Court of Appeal, Second District, issued an important pro-employer decision that upholds the use of class and representative action waivers in employment arbitration...
View ArticleSupreme Court Rules that Pharmaceutical Sales Reps Are Exempt From Overtime...
In Christopher v. Smithkline Beecham Corp. the Supreme Court handed employers—and pharmaceutical manufacturers in particular—a victory holding that (1) pharmaceutical sales...
View ArticleSEC Adopts New Rules for Compensation Committees, Consultants and Advisers
More than a year after releasing its initial proposal, the SEC has finally adopted new rules that will require the national securities exchanges to adopt new listing standards designed to promote the...
View ArticleUnited States Supreme Court Largely Upholds Patient Protection and Affordable...
On Thursday, June 28, 2012, the United States Supreme Court issued its ruling in National Federation of Independent Business v. Sebelius, addressing the constitutionality of the health care reform...
View ArticleAvoiding Jail Time: Another Reason to Take HSR Compliance Seriously
An executive of a South Korean company pled guilty on July 2 and agreed to serve five months in a U.S. prison for obstructing justice in connection with a merger investigation conducted by the U.S....
View ArticleSeventh Circuit Bankruptcy Ruling is Big Win for Trademark Licensees
On July 9, 2012, the U.S. Court of Appeals for the Seventh Circuit issued its decision in Sunbeam Products, Inc. v. Chicago American Manufacturing, LLC, and in doing so handed a major victory to...
View ArticleOccupational Safety and Health Administration Issues Final Rule Implementing...
On July 10, 2012, the Occupational Safety and Health Administration ("OSHA") issued a final rule implementing the whistleblower provisions of the Consumer Products Safety Improvement...
View ArticleUpdate: Massachusetts Law Regarding Criminal Background Checks
In a prior Alert dated August 13, 2010 at cooley.com/64133, we reported that Massachusetts had overhauled its Criminal Offender Record Information (CORI) system. Additional provisions of the law took...
View ArticleFTC Proposes Further Changes to Children's Privacy Rules Affecting Ad...
The Federal Trade Commission has proposed additional revisions to its proposed Rule implementing the Children's Online Privacy Protection Act ("COPPA Rule"). The newly proposed...
View ArticleFinal Rule Implementing the Whistleblower Provisions of the Surface...
Changes to the regulations implementing the whistleblower provision of the Surface Transportation Assistance Act ("STAA") went into effect July 27, 2012. The Occupational Safety and...
View ArticleWhat Effect Will the UsedSoft v. Oracle Decision Have on U.S. Software...
On July 3, the Court of Justice of the European Union ("CJEU") held that Oracle could not oppose the resale of copies of its software programs by UsedSoft, a company that acquired the...
View ArticleTransition Relief for "Section 409A Release Timing Errors" Will Expire on...
Any deferred compensation arrangement that requires an employee to complete some action as a condition to receiving payment (e.g., execute a release of claims or a non-solicitation or non-competition...
View ArticleThe Federal Circuit Again Refines Scope of Patent-Eligible Subject Matter in...
In yet another turn in the ever-winding road of patent-eligible subject matter disputes, the Court of Appeals for the Federal Circuit has issued its opinion in the highly anticipated case Association...
View ArticleSEC Proposes Amended Rules to Permit Publicity in Private Placements
On August 29, 2012, the Securities and Exchange Commission (SEC) issued a release proposing amendments to the rules governing private placements of securities (and resales of securities by...
View ArticleSEC's Final Rules on Conflict Minerals Disclosure Expected to Have Broad Impact
On August 22, 2012, the SEC, by a vote of three to two, adopted final regulations, mandated by Section 1502 of the Dodd-Frank Wall Street Reform and Consumer Protection Act, governing public company...
View ArticleNew California Social Media Privacy Law Will Impact Employers
On September 27, 2012, California Governor Jerry Brown signed into law a bill which prohibits employers from requiring that employees or job applicants disclose information related to their personal...
View ArticleNYSE and Nasdaq Propose Rules for Compensation Committees and Compensation...
As we discussed in our Cooley Alert, "SEC Adopts New Rules for Compensation Committees, Consultants and Advisers," issued in July 2012, the national securities exchanges were directed...
View ArticleIRS Announces Adjusted Plan Limits for 2013
The Internal Revenue Service has announced the 2013 limits that affect the operation of tax-qualified retirement plans, including 401(k) plans, and certain other types of employee benefit plans,...
View ArticleAttorney General of California Targets Mobile Apps that Fail to Post Privacy...
On October 30, 2012, the Attorney General of California, Kamala D. Harris, issued a press release stating that her office has issued formal letters to nearly one hundred mobile application publishers...
View ArticleNew Law Protects Religious Dress and Grooming Practices Effective January 1,...
California Governor Jerry Brown recently signed into law a bill that amends California's Fair Employment and Housing Act (FEHA) to explicitly protect applicants and employees from discrimination based...
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