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Archive by tag: LLPReturn

Delaware Trial Court Interprets Coverage Under a D&O Policy to Include an Appraisal Action as a Securities Claim

Delaware courts have established rules of construction for interpreting insurance policies. Among the most basic of these rules is that clear and unequivocal policy language will be given its plain meaning; and if the language is at all ambiguous,...By: White and Williams LLP
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White and Williams LLP | Aug 14,2019 |

Defying gravity: US M&A H1 2019: Can the good times last? Four factors shaping M&A in the second half of 2019

Many of the factors that have underpinned recent M&A activity remain in place, but concerns are mounting. Positive drivers of M&A, including the strength of the US economy, the availability of financing and the strategic imperative to consolidate or...By: White & Case LLP
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White & Case LLP | Aug 14,2019 |

New York Employers: Prepare for Changes to Harassment, Discrimination and Equal Rights Laws

New York Governor Andrew M. Cuomo on August 12 signed into law new legislation expanding employee protections against discrimination and harassment. Among the key provisions are a lower standard for proving harassment, mandatory awards of attorneys’...By: Fenwick & West LLP
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Fenwick & West LLP | Aug 14,2019 |

You Misunderstood the Valuation: Court Rejects ESOP Fiduciary Breach Suit - Employee Benefits Alert

A federal trial court has dismissed a lawsuit brought by a participant in an employee stock ownership plan (ESOP) claiming that fiduciaries of the ESOP caused it to overpay for stock of the company in a leveraged transaction. The court concluded...By: Bradley Arant Boult Cummings LLP
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Multiple States Join Emerging National Trend Banning Noncompete Agreements with Low-Wage Workers

Maine, Maryland, New Hampshire, Washington and Rhode Island have recently joined the growing ranks of states that prohibit non-competes with lower income workers, reflecting a growing public policy concern regarding fairness of imposing...By: Nutter McClennen & Fish LLP
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Nutter McClennen & Fish LLP | Aug 14,2019 |

Five Ways The New Rhode Island Noncompetition Agreement Act Could Impact Your Business

On July 15, 2019, Rhode Island’s Governor signed into law the Rhode Island Noncompetition Agreement Act (the “Act”), limiting the enforceability of restrictive covenants with certain employees. Its limited applicability largely makes the law...By: Partridge Snow & Hahn LLP
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Partridge Snow & Hahn LLP | Aug 14,2019 |

Fifth Circuit Enjoins EEOC's Criminal Background Guidance

In 2012, the Equal Employment Opportunity Commission issued enforcement guidance on employers’ use of criminal background checks in the hiring process. The EEOC concluded that indiscriminate use of such checks has a disparate impact against minority...By: Parker Poe Adams & Bernstein LLP
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Heads Up New Jersey Employers - Huge Penalties Under NJ’s New "Wage Theft" Law

On August 6, 2019, Acting Governor Sheila Oliver signed a bill (S-1790) imposing tougher penalties for "wage theft." The law significantly increases penalties for employers, including potential imprisonment for employers who run afoul of its...By: Saul Ewing Arnstein & Lehr LLP
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‘Healthy’ Coconut Oil Suit Settles for $1.85M

To settle a false advertising class action over its “healthy” claims for coconut oil, Nature’s Way has agreed to a $1.85 million settlement deal....By: Manatt, Phelps & Phillips, LLP
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Manatt, Phelps & Phillips, LLP | Aug 14,2019 |

BREAKING NEWS: Governor Cuomo Signs Off On Groundbreaking Harassment Legislation

Governor Cuomo signed the groundbreaking harassment legislation that we previously covered here on August 12, 2019. The law profoundly alters the landscape of harassment claims in New York and how employers should be prepared to handle them....By: Kelley Drye & Warren LLP
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Kelley Drye & Warren LLP | Aug 14,2019 |
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