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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

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

Corporate governance reforms and executive compensation the perfect storm

Fenwick & West LLP
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USA
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June 24 2009

Over the next few months we are likely to witness the development of a “perfect storm” of corporate governance reforms and executive compensation changes at U.S. public companies

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

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."

House passes executive compensation bill

Fenwick & West LLP
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USA
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August 5 2009

On August 3, the House, led by Representative Barney Frank, passed the Corporate and Financial Institution Compensation Fairness Act of 2009 (H.R. 3269), which applies to public companies and would (i) give shareholders a “say on pay” by providing a nonbinding, advisory vote on the company’s pay practices for top executives (ii) give shareholders a nonbinding, advisory vote on “golden parachute” compensation in connection with a proxy filing for a change in control, (iii) provide for greater independence of compensation committees and their consultants and advisors and (iv) add additional reporting and compensation limitations to financial institutions with assets over $1 billion

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

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"

California jury awards $4.5m for trade secret misappropriation

Fenwick & West LLP
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USA
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October 7 2008

In a case involving stolen trade secrets between competitors, a California jury awarded Contessa Premium Foods Inc. $2.8 million in compensatory damages and $1.7 in punitive damages against Chicken of the Sea Frozen Foods and several affiliated companies

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

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