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

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • 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
  • -
  • USA
  • -
  • 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

ISS releases updated proxy voting policies for 2012

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • November 29 2011

On November 17, 2011, Institutional Shareholder Services, the influential proxy advisory firm, released its 2012 proxy voting policies

Preparing for the 2012 proxy season: looking back at the last season and forward to the next

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • November 16 2011

Dodd-Frank say-on-pay votes had a big impact on the 2011 proxy season, and issuers under criticism for their pay practices should expect continued shareholder pressure on the say-on-pay front

California Appeals Court clarifies scope of commissioned salesperson exemption

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • 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

Financial services remuneration in the UK

  • Proskauer Rose LLP
  • -
  • United Kingdom
  • -
  • January 31 2011

Last month, the FSA published its final version of its Remuneration Code (the Code

The impact of financial reform on executive compensation

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • July 19 2010

On July 15, 2010, the Senate passed The Dodd-Frank Wall Street Reform and Consumer Protection Act (the "Act"), which provides for sweeping changes in the regulation of consumer and investor protection, the financial services industry, executive compensation and corporate governance, in an effort to enhance enforcement, transparency and accountability

Merchants who sold employer’s product were not employers themselves

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • 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
  • -
  • USA
  • -
  • 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
  • -
  • USA
  • -
  • 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