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  • Article

    Another Fortune 500 Employer Is Leaving California…

    Charles Schwab announced last week that it is planning to move "a significant number of San Francisco-based jobs" out of state over the next three to five years.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Georgia Federal Court Holds that Continuing Course Of Conduct Did Not Extend Statute Of Limitations Period for Fiduciary Breach Claim

    In Stargel et al. v. SunTrust Banks Inc. et al., No. 1:12-cv-03822, (N.D. Ga. Aug. 8, 2013), a Georgia federal judge dismissed a putative class action against Suntrust Banks.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Minimum Wage Increases

    As of January 1, 2017, businesses with 26 or more employees must pay a minimum wage of $10.50 per hour; the rate increases to $15.00 per hour in 2022.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Ninth Circuit Allows Bankruptcy Discharge Of ERISA Withdrawal Liability

    The Ninth Circuit recently held that an employer who failed to pay $170,045 in withdrawal liability could discharge the liability in bankruptcy.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Regions Financial Agrees To Pay $22.5 Million To Settle ERISA Stock-Drop Litigation

    According to a December 18, 2013 motion for preliminary approval, Regions Financial Corp. has agreed to pay $22.5 million to settle an ERISA stock-drop litigation pending in the Western District of Tennessee. Plaintiffs alleged that defendants, which included members of the plan investment committees, among others, imprudently retained Regions Financial stock as an employee retirement plan option despite risky loan practices that utilized subprime mortgages and other "exotic" loan products.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Responsibility Of An Employer To Act Upon Threats From Or By An Employee

    Connie N. Bertram, Co-Chair of the Government Contractor Compliance Group, was quoted in an article in the Washington Post discussing the Navy Yard shootings.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Second Circuit Dismisses Lehman Brother’s ERISA Stock-Drop Action

    The Second Circuit recently affirmed the dismissal of former Lehman Brothers employees’ fiduciary breach claims relating to their investment in the Lehman Brothers stock fund through their 401(k) plan. Rinehart v. Akers, 2013 WL 3491281 (2d Cir. July 15, 2013).
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Sixth Circuit Expands Availability Of Remedies Under ERISA

    The Sixth Circuit recently concluded that a disability plan participant was entitled to relief consisting of benefits under the plan and disgorgement of defendant’s profits for delaying payment.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    DOMA Held Unconstitutional

    The Defense of Marriage Act, which defines "marriage" and "spouse" as excluding same-sex partners, was struck down by the U.S. Supreme Court today in a 5-4 decision on equal protection grounds.
    United StatesFamily and Matrimonial
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    California FTB Releases Updated Proposed Regulations On Market-Based Sourcing Rules – Implications For Asset Managers

    On September 13, 2024, California's Franchise Tax Board ("FTB") released updated proposed regulations ("Draft Regulations"), which would amend the rules regarding market-based...
    United StatesFinance and Banking
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    No longer available on Mondaq

    At a recent forum sponsored by the Boston Bar Association and the Boston Patent Law Association, attendees were treated to significant insights into how judges in the District of Massachusetts view patent cases.
    United StatesIntellectual Property
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Chiropractors Lack Standing Under ERISA To Assert Claims For Benefits

    Assignments, Standing
    United StatesLitigation, Mediation & Arbitration
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    A MiFID II Reprieve

    Bob Plaze authored an article for the Investment Adviser Association Newsletter.
    United StatesCorporate/Commercial Law
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Bloomberg Law Podcast: Can Employers "Directly Observe" Drug Testing Of Their Employees?

    Recently, the Ohio Supreme Court ruled that employees had no claim for invasion of privacy when a drug-testing facility "directly observed" them as they provided a urine sample.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Video

    La justice décodée - le travail le dimanche (Video)

    Béatrice Pola discusses the legal framework of working on Sunday in an interview for the French national news channel France Info TV with journalist Dominique Verdeilhan. Interview aired October 22, 2018
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Prominently Displayed, Fundamental Discrepancy In Benefits Triggered Contractual Limitations Period

    The Fifth Circuit concluded that a plan's three-year contractual limitations period began to accrue when a beneficiary received a letter in 2008 that prominently displayed
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Sixth Circuit Holds Pecuniary Loss Not Required To Establish Standing In Benefit Claim

    The Sixth Circuit joined several other circuits in holding that a participant need not have actually incurred a financial loss in order to have standing to assert an ERISA claim for benefits under
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Regulation Update

    The FCA has warned firms in the general insurance sector to put customers first with regard to the value of products and services provided to them.
    United StatesInsurance
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Tax Reform: Impact At The State Level

    The segment also explores the loopholes and workarounds that states could implement to allow their residents to avoid this cap.
    United StatesTax
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    DOJ Tax Division Shows Sustained Interest In Cryptocurrency

    On May 5, 2021, another federal district court, this time for the Northern District of California, permitted the IRS to proceed with a John Doe summons very similar to the one served on Circle last month...
    United StatesTechnology
    Proskauer Rose LLP
    Proskauer Rose LLP

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