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On May 17, the Internal Revenue Service (IRS) initiated a 401(k) compliance review by sending questionnaires to 1,200 plan sponsors.

Traditional document review in the age of e-discovery is reaching the point of infeasibility. Setting hordes of attorneys in front of computer screens to review and code millions (sometimes billions) of records is not only prohibitively expensive, but often results in errors and inconsistent quality.

On August 19, the Antitrust Division of the Department of Justice and the Federal Trade Commission (together, the agencies) issued new Horizontal Merger Guidelines (the Guidelines) to explain and clarify their current enforcement philosophy.

On November 23, the New Jersey Supreme Court issued a much-anticipated decision in Alexander v. Seton Hall University, ___ A.3d ___, 2010 WL 4721311 (N.J. 2010).

On February 8, the Internal Revenue Service (IRS) announced a new penalty framework allowing taxpayers to voluntarily disclose previously unreported offshore accounts and entities.

Recent legislation proposed by both houses of Congress would result in changes to the federal securities laws that would allow employee whistleblowers to receive a reward of up to 30% of the fines collected by the U.S. Securities and Exchange Commission (SEC) and the U.S. Department of Justice (DOJ) from corporations violating the Foreign Corrupt Practices Act (FCPA).

As we reported in our December 15, 2010 LawFlash,1 the New York Wage Theft Prevention Act (the Act), which becomes effective on April 9, 2011, dramatically increases an employer’s notice and recordkeeping requirements and imposes significantly increased penalties for violations of the Act’s requirements.

On October 5, the National Labor Relations Board (NLRB or Board) announced that it would delay the effective date, until January 31, 2012, of its Final Rule requiring all employers subject to the Board’s jurisdiction—i.e., the vast majority of employers doing business in the United States—to post a notice in the workplace informing employees of their right, among other things, to "[o]rganize a union," to "take action . . . to improve your working conditions by, among other means, raising work-re

On June 24, the Texas Supreme Court issued a long-awaited decision clarifying the standards for enforcement of noncompete agreements under the Texas Business and Commerce Code.

On February 15, the U.S. Court of Appeals for the District of Columbia Circuit (D.C. Circuit) upheld FERC’s determination that the "Mobile-Sierra" doctrine applies when deciding whether a Forward Capacity Auction (FCA) rate is just and reasonable.

On June 16, 2010, the Federal Energy Regulatory Commission (Commission) issued a Notice of Inquiry in Docket Nos. RM11-24-000 and AD10-13-000 seeking comments on two separate but related issues.

The D.C. Circuit clarifies that FERC may prohibit manipulative trading only in markets outside of the CFTC's exclusive jurisdiction over commodity futures contracts.

On March 15, FERC issued a Notice of Proposed Rulemaking to revise the Electric Quarterly Report (EQR) Data Dictionary so parties can more accurately report simultaneous exchanges.

Protocol provides clues regarding areas of focus for ongoing HIPAA audits assessing compliance with the Privacy, Security, and Breach Notification Rules.

U.S. Citizenship and Immigration Services has stopped accepting H-1B petitions subject to the 2014 fiscal year H-1B cap or the advanced degree exemption.

The U.S. Department of State (DOS) has announced that the annual limit for immigrant visa numbers was exhausted on September 16, 2010 for all family-based preference categories and for the second, third, and fourth employment-based categories.

The U.S. Department of Justice's Office of Special Counsel for Immigration-Related Unfair Employment Practices recently issued a technical assistance letter stating that employers that share Form I-9 or E-Verify data with third parties, may be in violation of both the Immigration and Nationality Act.

For cases filed before enactment of the America Invents Act, the Federal Circuit Court of Appeals has clarified that unrelated defendants may be joined together in a single patent case only if claims are based on the same product or process.