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New Jersey bill seeks to make independent contractor relationship onerous and risky
  • Ogletree Deakins
  • USA
  • October 15 2012

On September 27, 2012, a bill (A3310) was introduced that seeks to place onerous requirements on employers that engage independent contractors (for $600 or more), and that would impose significant damages and penalties for noncompliance with pay arrangements

California Appellate Court holds that non-compete restriction in stipulated injunction is enforceable because there was no showing that it was not necessary to protect trade secrets
  • Seyfarth Shaw LLP
  • USA
  • October 12 2012

A California Court of Appeal recently reversed a trial court ruling that found a stipulated injunction preventing the solicitation of customers was invalid and unenforceable under California Business & Professions Code section 16000

California judge finds financial advisors were independent contractors under California law
  • Jackson Lewis PC
  • USA
  • September 4 2012

Financial services and insurance industry employers regularly classify service providers, including financial advisors and independent insurance agents, as independent contractors, especially if such individuals cultivate and service their own clientele with a high degree of autonomy

Hurricane Sandy and crisis management
  • Ogletree Deakins
  • USA
  • October 30 2012

Hurricane Sandy is leaving a wake of destruction in major cities across the East Coast that can have a devastating effect on your business, management, employees, and customers

Colorado Federal Court rules that former employer stated a claim against former executive and his new employer under the Computer Fraud and Abuse Act regardless of differing circuit interpretations of the act
  • Seyfarth Shaw LLP
  • USA
  • March 9 2012

In its order denying defendants’ motion to dismiss in SBM Site Services, LLC v. Garrett, et al., Case No. 10-cv-00385, a Colorado federal court identified a circuit split over the interpretation of “unauthorized access” under the Computer Fraud and Abuse Act and then found a former employer had stated a CFAA claim against a former executive and his new employer regardless of the different circuit interpretations based upon his post-termination computer activities

Cuomo issues Executive Order regarding limits on executive compensation
  • Mintz Levin Cohn Ferris Glovsky and Popeo PC
  • USA
  • January 20 2012

After withdrawing nearly identical proposed legislation one day earlier, on January 18, 2012, New York Governor Andrew Cuomo issued an Executive Order directing certain New York State agencies, including the Department of Health, to promulgate regulations that limit the compensation of executives of entities that receive state funding or payments from the state

Say-on-pay: lessons learned
  • Dykema Gossett PLLC
  • USA
  • January 23 2012

With the 2011 annual meeting season and the first year of mandatory say-on-pay (SOP) in the rearview mirror, companies should be assessing the results of the 2011 vote and feedback received from their shareholders as they prepare for 2012, unless they are among the few companies that will be holding their SOP vote triennially

Global equity compensation considerations in an inversion transaction
  • Baker & McKenzie
  • USA
  • October 25 2014

An inversion transaction is a corporate restructuring under the terms of which an existing corporation moves its corporate headquarters from one

And all he got was a fashionable t-shirt: American Apparel terminates its CEO
  • Zuckerman Spaeder LLP
  • USA
  • June 23 2014

Last week, American Apparel announced that its board had decided to terminate Dov Charney, the company's founder, CEO, and Chairman, "for cause."

OSHA publishes an interim final rule addressing procedures which apply to whistleblower provisions under the Consumer Financial Protection Act
  • Baker & McKenzie
  • USA
  • December 26 2014

On April 2, 2014, the U.S. Occupational Safety and Health Administration ("OSHA") published the interim final rule setting forth the procedures that