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Employee was bound by stipulated injunction that prohibited his solicitation of customers

Proskauer Rose LLP
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USA
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November 1 2012

In an underlying lawsuit, Wanke sued its former employees Scott Keck and Jacob Bozarth for misappropriation of trade secrets, among other things

Dodd-Frank's extension of SOX whistleblower protections to subsidiaries of publicly traded companies applies retroactively, says SDNY

Proskauer Rose LLP
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USA
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July 18 2012

Recently, the Southern District of New York held that Section 929A of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 ("Dodd-Frank"), which amends Section 806 of the Sarbanes-Oxley Act of 2002 ("Sarbanes-Oxley" or "SOX"), can apply retroactively to protect whistleblowers working for a non-public subsidiary of a publicly traded company

California Appeals Court clarifies scope of commissioned salesperson exemption

Proskauer Rose LLP
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USA
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May 27 2011

In a case possibly signaling a new direction in California wage and hour law, a California appellate court ruled Friday that a class of car dealers fell within the commissioned salesperson exemption to California overtime laws despite receiving flat fee commissions instead of commissions calculated as a percentage of the price of the cars sold

Merchants who sold employer’s product were not employers themselves

Proskauer Rose LLP
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USA
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July 8 2010

Plaintiffs are seasonal agricultural workers whom Munoz & Sons had employed during the 2000 strawberry season

Porsche dealer may owe “finder’s fee” to salesperson

Proskauer Rose LLP
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USA
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May 13 2010

Alex Wald, who is in the business of “finding, buying and then selling again used Porsches,” found 11 Porsches for Truspeed (a car dealer), which Truspeed sold without paying Wald the finder’s fee

Applying 9th Circuit LVRC v. Brekka ruling, district court dismisses most CFAA criminal charges in United States v. Nosal

Proskauer Rose LLP
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USA
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January 29 2010

The debate over the applicability of the Computer Fraud and Abuse Act in cases of alleged employee disloyalty has yielded quite a few rulings over the last several years, and generated a circuit split last September with the Ninth Circuit decision in LVRC Holdings LLC v. Brekka, 581 F.3d 1127 (9th Cir. 2009

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Jurisdiction - USA
Workarea - Litigation
Workarea - Company & Commercial
Workarea - Employment & Labor
Firm Name - Proskauer Rose LLP