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District Court rejects constitutional challenge to SEC administrative proceedings

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • December 18 2014

We recently wrote that critics, including Judge Jed Rakoff, have been questioning the SEC's policy of increasingly bringing enforcement actions in

NJ Supreme Court to rule on SOL waiver

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • December 17 2014

Last week, the New Jersey Supreme Court agreed to address whether to uphold a provision in a job application that limited the time in which an

Multiple PAGA representative claims crumble as federal courts continue to reject Iskanian and enforce arbitration agreements containing PAGA waivers

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • December 16 2014

When the California Supreme Court decided Iskanian v. CLS Transp. Los Angeles, LLC, 59 Cal. 4th 348 (2014), this June, some legal commentators

D.C. Circuit rejects challenge to Section 503 regulations administered by OFCCP

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • December 16 2014

On Friday, December 12, 2014, the D.C. Circuit rejected a challenge by Associated Builders and Contractors, Inc. ("ABC") to the recent rules

Second Circuit affirms dismissal of Madoff Trustee’s six-year transfer and preference claims

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • December 15 2014

With several billions of dollars ultimately at stake, the Second Circuit has affirmed that Section 546(e) of the Bankruptcy Code, a safe-harbor

3d Cir.: Dodd-Frank anti-arbitration provisions do not apply to Dodd-Frank whistleblower retaliation claims

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • December 12 2014

On December 8, 2014, the Third Circuit ruled that Dodd-Frank's anti-arbitration provisions do not invalidate pre-dispute arbitration agreements with

Reversing convictions, Second Circuit clarifies scope of tippee’s required knowledge in insider trading cases

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • December 11 2014

On December 10, 2014, the Second Circuit reversed insider trading convictions of two former hedge fund managers, holding that, to sustain a

Second Circuit clarifies elements of tippee liability for insider trading

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • December 11 2014

The U.S. Court of Appeals for the Second Circuit recently clarified the elements required to hold a tippee liable for insider trading: a tippee

NLRB reverses course, gives employees certain rights to use employer’s email

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • December 11 2014

In a decision that reverses existing case law on employee use of employer email, the National Labor Relations Board (with two members filing separate

Attention retailers: target data breach ruling finds duty owed to issuer banks

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • December 11 2014

The Court hearing the Target data security breach litigation issued a ruling on December 2, 2014, largely denying Target's motion to dismiss the