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California partnerships subject to anti-retaliation laws

Fenwick & West LLP
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USA
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June 15 2012

In Fitzsimons v. California Emergency Physicians Medical Group, a California court of appeal revived an emergency room physician's retaliation claim against the partnership of which she is a member

Federal courts address question of employer-employee ownership of business-related social media accounts

Fenwick & West LLP
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USA
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June 5 2012

The question of whether an employer is entitled to trade secret protection over social media accounts used for business purposes is unfolding in several well-publicized cases currently pending in federal courts throughout the country

Eworkplace policies social-media, privacy & internet-security

Fenwick & West LLP
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USA
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April 3 2012

Traditional concerns for employers have included: harassing or other discriminatory actions; other conduct leading to liability to third-parties; forbidden fraternizing; criminal activity; “frolic and detour” or other slacking; and protection of trade secrets

IRS filing and reporting requirements for ISO exercises and ESPP stock transfers

Fenwick & West LLP
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USA
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January 24 2012

This Client Alert is intended to remind you of certain year-end reporting requirements under Section 6039 of the Internal Revenue Code of 1986, as amended (the “Code”), with respect to stock issued to employees (or former employees) upon the exercise of an incentive stock option (an “ISO”) or transferred under a taxqualified employee stock purchase plan (an “ESPP”) and inform you of new Internal Revenue Service (“IRS”) filing requirements for transactions that occurred in 2011

SEC moves more toward annual-based reporting approach to compensation disclosures

Fenwick & West LLP
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USA
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May 12 2011

The staff of the Securities and Exchange Commission ("the Staff") is engaged in a general movement away from taking an event-based reporting approach to compensation disclosures on Form 8-K in favor of taking an annual-based reporting approach

New IRS filing and reporting requirements for ISO exercises and ESPP stock transfers

Fenwick & West LLP
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USA
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December 6 2010

This Client Alert is intended to remind you of certain year-end reporting requirements under Section 6039 of the Internal Revenue Code of 1986, as amended (the "Code"), with respect to stock issued to employees (or former employees) upon exercise of an incentive stock option (an "ISO") or transferred under a tax-qualified employee stock purchase plan (an "ESPP") and inform you of new Internal Revenue Service ("IRS") filing requirements for transactions that occurred in 2010

Senate passes corporate governance reform legislation affects public company executive compensation and corporate governance

Fenwick & West LLP
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USA
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May 26 2010

On May 20, 2010, the Senate passed the Restoring American Financial Stability Act of 2010 ("RAFSA"

New legislation would fundamentally alter public company executive compensation and corporate governance

Fenwick & West LLP
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USA
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March 19 2010

On March 15, 2010, Senator Chris Dodd introduced the Restoring American Financial Stability Act of 2010, now commonly referred to as the "Dodd Bill."

California appellate court rejects overly broad non-competition agreement and casts doubt as to continuing viability of trade secrets exception

Fenwick & West LLP
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USA
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December 11 2009

Although California has a long-standing prohibition on non-competition agreements, as codified in Business and Professions Code Section 16600, courts have historically allowed such agreements where necessary to protect an employer's trade secrets

Executive compensation: action required for 2010 162(m) performance pay

Fenwick & West LLP
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USA
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November 24 2009

Section 162(m) of the Internal Revenue Code (the "Code") denies a tax deduction to a public company if compensation paid to certain individuals (known as "covered employees") exceeds one million dollars for the taxable year

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