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Chancery Provides Further Clarity Regarding Material Adverse Effect Clauses in Merger Agreements

Channel Medsystems, Inc. v. Boston Scientific Corp., C.A. No. 2018-0673-AGB (Del. Ch. Dec. 18, 2019). Material adverse effect clauses provide a form of buy-side protection in merger agreements. These often are complex provisions permitting the buyer...By: Morris James LLP
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Morris James LLP | Jan 09,2020 |

EPIC Files Complaint with FTC Regarding AI-Based Facial Scanning Software

As we have previously blogged, use of third-party digital hiring platforms to select job applicants using video interviews can present an array of potential legal issues. A recent Complaint filed with the Federal Trade Commission (“FTC”) by a...By: Epstein Becker & Green
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Epstein Becker & Green | Jan 09,2020 |

Third Circuit Limits Ability to Certify Wage/Hour Class Actions – Making “Off-the-Clock” Matters Difficult to Certify and Likely Increasing Litigation of Wage/Hour Claims Against New Jersey Employers in State Courts

On Christmas Eve, the Third Circuit issued a decision restricting certification of wage/hour classes for off-the-clock cases and increasing the threshold for other wage/hour matters. See Ferreras v. American Airlines, Inc. (Dec. 24, 2019)....By: FordHarrison
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FordHarrison | Jan 09,2020 |

Mexico Issues the Organic Law of the Federal Center for Conciliation and Labor Registry, Creating New Labor Agency

On January 6, 2020, the Mexican Congress issued the Organic Law of the Federal Center for Conciliation and Labor Registry (Law), whereby the Federal Center for Conciliation and Labor Registry (Center) has been created. The Center will be in charge of...By: Littler
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Littler | Jan 09,2020 |

New California Employment Laws for 2020

2020 is upon us, and with it, a slew of new employment laws that are now in effect. Read on for a description of 13 key employment laws every employer operating in California should know about going into 2020....By: Orrick - Global Employment Law Group
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Third Circuit Finds Multiple Problems With Certification of Off-the-Clock Claims

A recent case from the Third Circuit casts a spotlight on many of the problems inherent in so-called off-the-clock claims for overtime....By: BakerHostetler
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BakerHostetler | Jan 09,2020 |

Investors Targeting Boomers’ Future Need for Home Health and Hospice Services

It’s becoming very clear that the private equity industry and other investors are positioning themselves to take advantage of the United States’ generational tsunami by investing in the home health and hospice sectors....By: McGuireWoods LLP
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McGuireWoods LLP | Jan 09,2020 |

California Supreme Court Hears Oral Argument On Whether A Settling Employee Is An “Aggrieved Employee” For Purposes Of Proceeding With A Claim Under The Private Attorneys General Act

In Kim v. Reins International California, Inc. 18 Cal.App.5th 1052 (2017), the California Court of Appeal for the Second Appellate District held an employee-plaintiff that settled and dismissed his individual claims was no longer an “aggrieved...By: Jackson Lewis P.C.
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Jackson Lewis P.C. | Jan 09,2020 |

Second Circuit Prohibits Retroactive Changes to Withdrawal Liability Interest Rate Assumptions

The Second Circuit Court of Appeals recently issued a withdrawal liability decision of which both multiemployer pension plans and their contributing employers should be aware. Specifically, in National Retirement Fund v. Metz Culinary Management,...By: Proskauer - Employee Benefits & Executive
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OFCCP Updates The Federal Contract Compliance Manual

On December 30, 2019, OFCCP updated its Federal Contract Compliance Manual (FCCM) for the first time since 2014. The FCCM “provides guidance for OFCCP’s compliance officers . . . in conducting compliance evaluations, complaint investigations and...By: Proskauer - Government Contractor Compliance
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