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  • Article

    Commercial Litigation Report - Cautionary Tale In Federal Court Enforcement Of Forum Selection Clause: Always Read The Fine Print

    A federal judge in Texas recently dismissed a consumer's lawsuit against an out-of-state Internet business by enforcing the forum selection clause found in the Terms of Use published on the defendant's Web site.
    United StatesCorporate/Commercial Law
    Pepper Hamilton LLP
    Pepper Hamilton LLP
  • Article

    Cross-Border Final Rule Adopted: Countdown To The SBSD Registration Compliance Date Begins

    On December 18, 2019, the Securities and Exchange Commission ("SEC") adopted supplemental guidance and rule amendments (the "Final Rule")
    United StatesCorporate/Commercial Law
    Cleary Gottlieb Steen & Hamilton LLP
    Cleary Gottlieb Steen & Hamilton LLP
  • Article

    European Private Equity M&A

    Green shoots are starting to appear in the private equity deal market as governments begin to lift lockdowns and shift their focus from protecting public health to restarting economic activity
    United StatesCorporate/Commercial Law
    Cleary Gottlieb Steen & Hamilton LLP
    Cleary Gottlieb Steen & Hamilton LLP
  • Article

    Extended SEC MCDC Initiative Deadline Does Little To Lessen Urgency

    The Securities and Exchange Commission has recently modified its Enforcement Division’s Municipalities Continuing Disclosure Cooperation Initiative in order to encourage as much participation in the program as possible.
    United StatesCorporate/Commercial Law
    Pepper Hamilton LLP
    Pepper Hamilton LLP
  • Article

    Other Noteworthy Developments

    Cornerstone Research recently published a report on the increasing prevalence of opt-outs in securities class action settlements.
    United StatesCorporate/Commercial Law
    Cleary Gottlieb Steen & Hamilton LLP
    Cleary Gottlieb Steen & Hamilton LLP
  • Article

    Proposed Bad Actor Disqualification Act Of 2019 Would Severely Limit The Availability Of Waivers For Institutions Entering Into Settlements With The SEC And DOJ

    Last month, Representative Maxine Waters, Chair of the House Financial Services Committee, introduced a discussion draft of the "Bad Actor Disqualification Act of 2019".
    United StatesCorporate/Commercial Law
    Cleary Gottlieb Steen & Hamilton LLP
    Cleary Gottlieb Steen & Hamilton LLP
  • Article

    409A Update: Employment Agreements Requiring Executed Releases May Need To Be Amended By December 31

    It is standard practice that employment agreements condition payment of severance benefits or other separation compensation on the employee executing a general release of claims against the employer.
    United StatesEmployment and HR
    Pepper Hamilton LLP
    Pepper Hamilton LLP
  • Article

    A Reminder To New Jersey Employers Regarding Recent Gender Equity Notice Posting Requirements

    In our November 2012 Pepper@Work, we advised New Jersey employers of upcoming notice-posting requirements on pay equality issued by the New Jersey Department of Labor and Workforce Development (NJDOL); the NJDOL recently released the gender equity notice, English and Spanish versions of which can be found on the Employer Poster Packet page of the Department of Labor Web site.
    United StatesEmployment and HR
    Pepper Hamilton LLP
    Pepper Hamilton LLP
  • Article

    Fedex Ground Settles Drivers’ Independent Contractor Misclassification Case In Maine For $5.8 Million

    141 drivers classified as independent contractors by FedEx Ground will receive $5.8 million in settlement of their misclassification lawsuit.
    United StatesEmployment and HR
    Pepper Hamilton LLP
    Pepper Hamilton LLP
  • Article

    Mailing Of FMLA Notices Not Sufficient To Overcome Denial Of Receipt By Employee

    Lupyan met with CCI representatives who instructed her to initial the box marked "Family Medical Leave" on her request for leave form.
    United StatesEmployment and HR
    Pepper Hamilton LLP
    Pepper Hamilton LLP
  • Article

    Misinformation About Independent Contractor Misclassification

    A year and a half ago today, our blog post was titled, "How to Make Sense Out of All Those Alerts About IC Misclassification".
    United StatesEmployment and HR
    Pepper Hamilton LLP
    Pepper Hamilton LLP
  • Article

    New Jersey Enacts Posting And Notice Requirements On Pay Equality

    Recently, the New Jersey legislature passed a bill, A2647, implementing new notice requirements on employers of 50 or more employees.
    United StatesEmployment and HR
    Pepper Hamilton LLP
    Pepper Hamilton LLP
  • Article

    New Jersey’s New Social Media Privacy Law: Balancing Employee Rights And Employer Protections

    New Jersey has now joined the growing list of jurisdictions seeking to regulate the extent to which employers can monitor their workers’ social media presence.
    United StatesEmployment and HR
    Pepper Hamilton LLP
    Pepper Hamilton LLP
  • Article

    Philadelphia Passes Ordinance Expanding LGBT Rights

    Philadelphia City Council recently passed the LGBT Equality Bill, Bill No. 130224, which Philadelphia Mayor Michael Nutter signed into law on May 9, 2013.
    United StatesEmployment and HR
    Pepper Hamilton LLP
    Pepper Hamilton LLP
  • Article

    Reducing The Risks Of Wage And Hour Lawsuits

    During a recent 12-month period, more than 7,750 wage and hour lawsuits were filed in federal courts throughout the United States
    United StatesEmployment and HR
    Pepper Hamilton LLP
    Pepper Hamilton LLP
  • Article

    One Big Misunderstanding: FDIC Clarifies That Caution On Higher-Risk Activity Is Not A Prohibition On Third-Party Payment Processor Relationships

    The misunderstanding targeted by the new FIL stems from three of the FDIC's previous Financial Institution Letters, FILs 127-2008, 3-2012 and 43-2013.
    United StatesFinance and Banking
    Pepper Hamilton LLP
    Pepper Hamilton LLP
  • Article

    Unrecorded Mortgage Assignment: If You Snooze, You Can Lose

    A debtor (First Mortgage), which was the mortgagee of record, foreclosed a mortgage and obtained title to the foreclosed property notwithstanding that it had assigned the note and mortgage to another party several years before the foreclosure sale.
    United StatesFinance and Banking
    Pepper Hamilton LLP
    Pepper Hamilton LLP
  • Article

    Paper Records HIPAA Violation Results In $800,000 Payment Under HHS Resolution Agreement

    My partner Elizabeth Litten was quoted at length in a recent article in DataGuidance entitled "USA: ‘Unique’ HIPAA violation results in $800,000 settlement".
    United StatesFood, Drugs, Healthcare, Life Sciences
    Fox Rothschild LLP
    Fox Rothschild LLP
  • Article

    Supreme Court Clarifies Jurisdiction Over Claims Arising Under Procurement Code

    The Pennsylvania Supreme Court recently confirmed the absolute right of Commonwealth agencies to withdraw solicitations for contracts, as well as the exclusive jurisdiction of the Board of Claims to hear disputes with the Commonwealth over contracts once they are executed.
    United StatesGovernment, Public Sector
    Pepper Hamilton LLP
    Pepper Hamilton LLP
  • Article

    Assignment Of Rents: Can You Spend Rents And Still Provide Adequate Protection To The Mortgagee?

    In Putnal the debtor proposed to use rents over the objection of an undersecured mortgagee, and as a result, the court was faced with the question of determining what was required to provide adequate protection of the mortgagee's interest in the rents.
    United StatesInsolvency/Bankruptcy/Re-Structuring
    Pepper Hamilton LLP
    Pepper Hamilton LLP

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