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Archive by tag: LLPReturn

M&A Watch — Caremark Unfrozen: Delaware Supreme Court Revisits Oversight Claims

The Delaware Supreme Court recently took the opportunity to revisit Caremark with its en banc decision in Marchand v. Barnhill, No. 533, 2018 (Del. June 19, 2019). In Marchand, the Court reversed the dismissal of a stockholder derivative suit and...By: Shearman & Sterling LLP
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Shearman & Sterling LLP | Jul 03,2019 |

What Every HOA and Condo in Transition/Turnover Should Know About Florida’s Statutes of Limitations and Repose

Florida’s Statute of Limitations and Statute of Repose for construction and design defect claims are each contained in § 95.11(3)(c), Florida Statutes, which provides, in relevant part: We are frequently retained by homeowners associations and...By: Shumaker, Loop & Kendrick, LLP
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Shumaker, Loop & Kendrick, LLP | Jul 03,2019 |

New Health Reimbursement Options Available for Employers of any Size

One potentially unintended consequence of the Affordable Care Act (ACA) was the demise of the average health reimbursement account (HRA). Such benefits were seen to violate the ACA prohibitions on annual and lifetime limits, among other things. To...By: Poyner Spruill LLP
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Poyner Spruill LLP | Jul 03,2019 |

Revised EIN Application Process Requires Individuals to Serve as the “Responsible Party”

Effective as of May 13, 2019, the U.S. Internal Revue Service (IRS) made a change to the application process for U.S. Federal employer identification numbers (EIN), the Federal tax ID number for companies in the U.S., which is going to significantly...By: Sheppard Mullin Richter & Hampton LLP
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Oil & Gas Software Acquisition Challenged by Canadian Competition Regulator

Canada’s Competition Bureau (CCB) recently filed a challenge with the Canadian Competition Tribunal to unwind a U.S. private equity firm’s May 2019 acquisition of a company that offers reserves valuation and reporting software to Canadian oil and gas...By: Bracewell LLP
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Bracewell LLP | Jul 02,2019 |

But I'm in HR - What Do You Mean I Can Go to Jail?

Wage and hour laws. Child labor laws. OSHA laws. Immigration laws. When employers do not comply with these types of employment laws, civil charges and lawsuits are not the only thing that can happen. In what may come as an unwelcome surprise to...By: Foley & Lardner LLP
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Foley & Lardner LLP | Jul 02,2019 |

Two Can Keep a Secret… If the Contract Holds Up: How to Use Non-Disclosure Covenants in the #MeToo Era

The non-disclosure provision of a routine employment settlement agreement has typically been a common and easily agreed-upon term of resolution.  These provisions—where the employer and employee agree not to publicly discuss the reasons for the...By: Foley & Lardner LLP
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Foley & Lardner LLP | Jul 02,2019 |

District Court Judge Rejects M&A Mootness Fee Settlement As A “Racket” That “Must End”

Seyfarth Synopsis: Following Delaware’s lead in Trulia, an Illinois District Court judge refused to approve a mootness fee settlement as “worthless to the shareholders.” The judge noted that such settlements amounted to a plaintiffs’ bar “racket”...By: Seyfarth Shaw LLP
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Seyfarth Shaw LLP | Jul 02,2019 |

Regulatory Spring: Rulemaking by the Wage & Hour Division

Last week, Seyfarth submitted comments regarding the DOL’s proposal to update the federal regulations that set the standard for determining whether a business can be held liable as a joint employer under the FLSA....By: Seyfarth Shaw LLP
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Seyfarth Shaw LLP | Jul 02,2019 |

Connecticut Becomes Seventh State to Enact Paid Family Leave Law

Seyfarth Synopsis: Earlier this week, Connecticut became the seventh state with a paid family leave program when Governor Ned Lamont signed the Paid Family and Medical Leave (“CPFML”) Act. CPFML premium withholdings begin on January 1, 2021 and...By: Seyfarth Shaw LLP
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Seyfarth Shaw LLP | Jul 02,2019 |
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