ArticlePCAOB’s Failure to Inspect Your Auditor Is a Risk FactorUnder Sarbanes-Oxley, public company auditors are required to be registered with the Public Company Accounting Oversight Board (PCAOB). United StatesAccounting and AuditBlank Rome LLP
ArticleSherzer v. Homestar Mortgage Services - Third Circuit Holds Letter Notice Satisfies Tila Statute Of LimitationsIn a recent decision, the Third Circuit held that that a borrower seeking rescission may satisfy the Truth In Lending Act three-year statute of limitations merely by submitting a written notice, in the form of a simple letter, to the lender. United StatesConsumer ProtectionBlank Rome LLP
ArticleU.S. Third Circuit Court Of Appeals Broadens Standing Under The Telephone Consumer Protection ActIn Mark Leyse v. Bank of America, N.A., (3rd Cir. No. 14-4073), decided on October 14, 2015, the United States Court of Appeals for the Third Circuit vacated a ruling by the District Court of New Jersey...United StatesConsumer ProtectionBlank Rome LLP
ArticleBoard Oversight of Political Contributions Is Steadily RisingIn September 2013, the Center for Political Accountability and the Zicklin Center for Business Ethics Research published their third annual index of political accountability and disclosure (2013 Index), which focuses on political spending disclosure of the top 200 companies in the S&P 500 IndexUnited StatesCorporate/Commercial LawBlank Rome LLP
ArticleDeadlines Are Fast Approaching For Chicago And Illinois EmployersSeveral deadlines are on the horizon for Chicago and Illinois employers. Businesses should be aware of what they need to do to comply, or they may face significant daily penalties.United StatesEmployment and HRBlank Rome LLP
ArticleEEOC Issues Draft Strategic Enforcement PlanOn February 22, 2012, the Equal Employment Opportunity Commission approved a Strategic Plan for Fiscal Years 2012-2016.United StatesEmployment and HRBlank Rome LLP
ArticleNew York Expands Discrimination Protection To Reproductive Health Decision-MakingOn November 9, Governor Cuomo signed into law an amendment to the New York Labor Law making it illegal to discriminate against employeesUnited StatesEmployment and HRBlank Rome LLP
ArticleNLRB Announces Intent Not To Pursue Appeal Of Decisions Invalidating The Notice Posting RuleAs we previously reported in April 2012 and May 2013, the U.S. Court of Appeals for the D.C. Circuit first enjoined and then vacated the National Labor Relations Board final rule requiring employers to post notices of employees’ rights.United StatesEmployment and HRBlank Rome LLP
ArticleRecent Cases Highlight How Not Paying "Interns" May Prove Costly For EmployersAs we enter the height of the summer internship season, employers should take note of recent rulings and settlements arising from claims by unpaid interns and consider reviewing their internship programs to ensure compliance with applicable wage and hour laws. United StatesEmployment and HRBlank Rome LLP
ArticleSupreme Court Affirms That FLSA "Outside Salesperson" Exemption Includes Pharmaceutical Sales RepresentativesThe Supreme Court of the United States issued an opinion today in "Christopher v. SmithKline Beecham Corp." United StatesEmployment and HRBlank Rome LLP
ArticleThird Circuit Holds That Paid Suspensions Are Not Adverse Employment ActionThe U.S. Court of Appeals for the Third Circuit held that a suspension with pay, standing alone, does not constitute an adverse employment action under Title VII...United StatesEmployment and HRBlank Rome LLP
ArticleThird Circuit Rules That Federal Law Preempts Pennsylvania Prohibition On Class Action Waivers In Arbitration AgreementsAffirming the broad scope of the Supreme Court of the United States’ April 2011 decision in AT&T Mobility LLC v. Concepcion, the U.S. Court of Appeals for the Third Circuit recently rejected a challenge to the validity of an employee arbitration agreement based on Pennsylvania law prohibiting the waiver of class action claims. United StatesEmployment and HRBlank Rome LLP
ArticleU.S. Supreme Court Holds That Post-Shift Employee Security Screenings Are Not Compensable Under The FLSAIn Integrity Staffing Solutions, the employer employed warehouse workers to gather packages from warehouse shelves for Amazon.com. United StatesEmployment and HRBlank Rome LLP
ArticleU.S. Supreme Court Upholds Obamacare Premium Tax SubsidiesIn King v. Burwell, issued June 25, 2015, the United States Supreme Court upheld the nationwide premium tax subsidy regime of the Affordable Care Act ("ACA").United StatesEmployment and HRBlank Rome LLP
ArticleFERC Issues Notice Of Inquiry On Transmission Investment IncentivesOn May 19, 2011, the Federal Energy Regulatory Commission (the "Commission" or "FERC") issued a Notice of Inquiry seeking comment on the scope and implementation of its transmission incentives regulations and policies under Order No. 679 (the "NOI"). United StatesEnergy and Natural ResourcesBlank Rome LLP
ArticleSecured Lender Loses To IP Owner In Dispute Over Proceeds Of Trademarked InventoryIn an unorthodox ruling, a North Carolina appellate court recently held that a factor of trade receivables had neither a valid ownership interest nor security interest in certain of its borrower's accounts.United StatesFinance and BankingBlank Rome LLP
ArticleStricter Time Limits To Be Imposed For Government Contractors To Respond To Past Performance EvaluationsA proposed rule published on August 7, 2013 will limit the time periods in which contractors are allowed to comment on negative past performance evaluations posted via the Contractor Performance Assessment Reporting System, and past performance evaluations must be available to source selection officials through the Past Performance Information Retrieval System. United StatesGovernment, Public SectorBlank Rome LLP
ArticleNew U.S. Sanctions Against Iran—Increasing Focus On Financial InstitutionsOn July 31, 2012, a new Executive Order signed by ¬President Obama tightens U.S. sanctions against Iran to the most significant levels to date. United StatesInternational LawBlank Rome LLP
ArticleTechCrunch: Western Sanctions Against Russia: Tips For Tech Companies Managing Compliance RiskAs the war in Ukraine rages on, authorities are cracking down on the smuggling of U.S. technology in support of Russia's war effort, an initiative with implications...United StatesInternational LawBlank Rome LLP
ArticleNew York Court Adopts Delaware "Common Sense" Test For Assessing Whether Claims Assert Derivative Or Direct HarmOn August 7, 2012, in "Yudell v. Gilbert", the Appellate Division, First Department adopted a test first articulated by the Delaware Supreme Court. United StatesLitigation, Mediation & ArbitrationBlank Rome LLP