On March 26, 2013, in the case of Teed v. Thomas & Betts Power Solutions, L.L.C.,1 the Seventh Circuit, in an opinion written by Judge Posner, joined at least one other circuit court and a multitude of district courts across the country in extending the federal common law standard for evaluating successor liability to suits brought under the Federal Labor Standards Act (“FLSA”) ...
Last week the Delaware Supreme Court held in Pyott v. Louisiana Municipal Police Employees’ Retirement System, ___ A.3d ___, 2013 WL 1364695 (Del. 2013), that a Delaware derivative complaint should have been dismissed after a California federal court entered a judgment dismissing essentially the same complaint brought by different stockholders for failure to plead demand futility ...
Vol. XI, Issue 1 of SyCip Salazar Hernandez & Gatmaitan's Employment & Immigration Update focuses primarily on the salient provisions of Philippine Republic Act No. 10361, also known as the Domestic Workers Act or Batas Kasambahay ...
On 3 March 2013, the Swiss electorate approved the Minder Initiative, which will fundamentally change the legal framework on executive compensation and other corporate governance matters for Swiss public companies. The implementation of the Minder Initiative will be the task of the Federal Council and the Swiss Parliament ...
Haynes and Boone, LLP’s Immigration Practice Group would like to inform employers of two recent immigration changes: (1) a revised Form I-9 for Employment Eligibility Verification by employers; and (2) a new Form I-94 Arrival/Departure Record procedure for foreign nationals upon entry to the United States. Revised I-9 Form for Employee VerificationOn March 8, 2013, United States Citizenship and Immigration Services (“USCIS”) issued a new Employment Eligibility Verification Form I-9 ...
Since the announcement of the investigation by the SEC of the CEO of Netflix, Inc. for a July 2012 Facebook post celebrating a company milestone, there has been considerable uncertainty as to whether companies can use social media outlets, like Facebook and Twitter, to communicate with investors without violating Regulation Fair Disclosure (“Regulation FD”) ...
On March 26, 2013, the U.S. Court of Appeals for the Federal Circuit affirmed the U.S. Patent Office’s rejection of the claim of a design patent continuation application, bringing some degree of clarity to the practice of claiming a portion of a previously-claimed design while seeking priority to the filing date of the previously-claimed design. In re Owens, No. 2012-1261 (Fed. Cir. March 26, 2013). In the case, Timothy S. Owens et al ...
On Wednesday, the Supreme Court held in a 5-4 opinion in Comcast Corp. v. Behrend, 569 U.S. ___ (2013), that a party seeking to maintain a class action must satisfy Rule 23’s requirements through evidentiary proof, even where such analysis may overlap with the merits of the underlying claim ...
Here are select February 2013 rulings of the Supreme Court of the Philippines on commercial law:Corporation; liability of officers and directors. Basic is the rule in corporation law that a corporation is a juridical entity which is vested with a legal personality separate and distinct from those acting for and in its behalf and, in general, from the people comprising it ...
Last February 15, 2013, the President signed into law Republic Act No. 10365 or the “Act Further Strengthening the Anti-Money Laundering Law.” True to its name, the third amending law to the Anti-Money Laundering Act (“AMLA”) gave it more teeth and strengthened the government’s ability to prevent and prosecute money laundering. The following discusses the new amendments to the AMLA ...
It is generally understood that an employer has the authority to manage and control its employees to ensure its business runs smoothly. In exercising such authority, an employer can adopt and implement policies that govern how employees perform their work. In certain circumstances, an employer can even adopt a policy to control the physical appearance of its employees. However, this power is limited both by legislation and the employment contract ...
The Seventh Circuit recently reversed a $2.7 million damages award against a mortgage company accused of lying in applications for federal loan guarantees. See United States v. Anchor Mortg. Corp., 2013 WL 1150213 (7th Cir. Mar. 21, 2013) ...
SyCip Salazar Hernandez & Gatmaitan's new website went live on 1 March 2013. As a result, previously sent links to downloadable publications are no longer accessible. Below are a few updated links: Client Alert: SEC requires tax identification number for foreign investorsLegal Bulletin: Technology, Media & Telecoms (Jan ...
CONTENTS Some practical advice on the recording of customer phone calls in QuebecEmployment placement agencies : who is responsible for the source deductions?What are your recourses if you believe a contract is about to be, or has been, awarded to another bidder? SOME PRACTICAL ADVICE ON THE RECORDING OF CUSTOMER PHONE CALLS IN QUEBECGuillaume LabergeMany businesses engage in the practice of recording customer calls ...
Information is often the most valuable asset that a business has. Businesses that think strategically about how they create and develop their information assets are able to increase their value, frequently by substantial amounts. For example, data analytics can help a business understand its clients, what they are likely to buy - when and how. Cloud computing offers efficiencies and cost savings ...
The Florida Supreme Court issued an opinion on March 7, 2013 that eliminated an oft-used tool in the defense arsenal by limiting application of the economic loss rule to products liability cases. The DecisionIn a 5-2 decision authored by Justice Jorge Labarga, the court held unequivocally that "the application of the economic loss rule is limited to products liability cases." Tiara Condo. Ass’n, Inc. v. Marsh & McLennan Cos., Inc., __ So.3d __, 2013 WL 828003, *8 (Fla. Mar. 7, 2013) ...
The new Family Law Act (“FLA”) came into force today, March 18, 2013. It replaces and repeals the Family Relations Act (“FRA”). The FLA carries forward the basic structure established under the FRA, with some fine tuning to deal with issues not adequately addressed under the FRA. This bulletin highlights the major changes to pension division under the new FLA ...
The U.S. Director of National Intelligence, James Clapper, advised the Senate Intelligence Committee this week that cyber attacks are the number one threat to national security. “Increasingly, state and non-state actors are gaining and using cyber expertise,” Clapper stated in his remarks to the Committee. “These capabilities put all sectors of our country at risk, from government and private networks to critical infrastructure ...
An increasing number of public companies – particularly banks and financial institutions – are disclosing cybersecurity incidents in their filings with the Securities and Exchange Commission. Companies are also replacing boilerplate cyber risk disclosures with more detailed disclosures of specific events or threats ...
It is International Women's Day today, March 8 – an opportunity to bring the challenges women face in the workplace to the fore. Laws to protect women being discriminated against in the workplace because of their "family status" have existed for some time. What has been less clear is what the legal definition of "family status" means. Even at the highest court level, it's unclear as there have been few decisions to help define the term ...
Bankruptcy Code § 1129(a)(10) provides that in order for a plan proponent to “cram down” - i.e., force acceptance of - a plan of reorganization on a dissenting class of creditors, at least one impaired class of creditors must vote in favor of the plan. Because a plan is often not accepted by all classes entitled to vote, the ability to procure at least one impaired, accepting class in order to cram down a dissenting class is essential in achieving plan confirmation ...
On 31 January 2013, the Chinese Supreme People’s Court (“SPC”) issued the Fourth Judicial Interpretation on Certain Issues Concerning the Application of Law in Cases Involving Labor Disputes (“SPC-Rules IV”) which came into effect on 1 February 2013. The SPC-Rules IV are based on the current employment laws and regulations and further detail several practice-relevant issues ...
On February 27, 2013, the Supreme Court held in a 6-3 opinion in Amgen Inc. v. Connecticut Retirement Plans and Trust Funds, 568 U.S. ___ (2013), that securities fraud class action plaintiffs need not prove materiality at the class certification stage to invoke the fraud-on-the-market presumption of class-wide reliance ...
