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1
French DPA Issues Robust Model Regulation For Biometric Access Controls In The Workplace
In late March, the French Data Protection Authority, Commission Nationale de l'Informatique et des Libertés ("CNIL") released a model regulation (the "Model Regulation")
United States
24 May 2019
2
The EEO-1 Saga Continues — An Appeal, Additional Requirements, And More…
Employers would be forgiven for feeling figurative whiplash from all of the developments surrounding the EEO-1 in recent weeks. After understanding they would not have to submit pay data
United States
21 May 2019
3
Mexico Overhauls Federal Labor Law In Workers' Favor
On May 1, 2019, International Workers' Day, Mexico published amendments to its Federal Labor Law in the Federal Official Gazette and secured the right of Mexican workers to organize and enter into...
United States
21 May 2019
4
Using A Cat To Chase The Inflatable Rat: NLRB General Counsel Urged Reconsideration Of Board Precedent Regarding Banners And Signal Picketing Of Neutral Employers
Continuing its efforts to overturn precedent, the NLRB General Counsel's Division of Advice has issued a new advice memorandum looking to strike at the most recognizable sign of unionism in urban areas today – –
United States
21 May 2019
5
Retail Salespeople Paid On Commission Are Entitled To Overtime And Sunday Pay, Massachusetts SJC Says
On May 8, 2019, Massachusetts' highest court held that retail salespersons who are paid entirely on a commission or draw basis, may nevertheless be entitled to additional overtime or pay for work on Sundays.
United States
20 May 2019
6
Northern District Of New York Denies Class Certification And Decertifies Collective, Confirming Common Answers Not Common Questions Are Required
On April 26, 2019, the Northern District of New York held that a group of Plaintiffs failed to satisfy their burden to establish commonality and predominance under Fed. R. Civ. P. 23
United States
20 May 2019
7
IRS Announces Limited Expansion Of Its Determination Letter Program For Individually Designed Retirement Plans – But Questions Remain
On May 1, 2019, the IRS released Revenue Procedure 2019-20 which provides for a limited-scope expansion of its determination letter program for individually designed plans.
United States
20 May 2019
8
9th Circuit Applies Strict Independent Contractor Test, Dynamex, Retroactively
Last year, we questioned whether California's new restrictions on independent contractors would apply retroactively.
United States
17 May 2019
9
Alabama Federal Court Denies Motion For Summary Judgement On SOX Whistleblower Claim
On April 2, 2019, the U.S. District Court for the Northern District of Alabama denied a defendant-employer's motion for summary judgment on a SOX whistleblower retaliation claim
United States
16 May 2019
10
CFTC Adopts Additional Exemptions From Annual Privacy Notice Delivery Requirement
On April 19, 2019, the U.S. Commodity Futures Trading Commission (CFTC) approved a final rule revising the annual privacy notice delivery requirements applicable to CFTC registered commodity trading
United States
15 May 2019
11
CFAA Claim Dismissed In Scraping Suit, While Contract Claim Survives
This month, an Illinois district court considered another in the series of web scraping disputes that have been working their way through our courts.
United States
14 May 2019
12
OCIE Releases Risk Alert For Investment Advisers And Broker-Dealers, Under Regulation S-P
On April 16, 2019, the SEC's Office of Compliance Inspections and Examinations ("OCIE") issued a Risk Alert
United States
14 May 2019
13
California Court Sours On Starbucks Gummies Lawsuit
Several months ago we covered two Second Circuit decisions that addressed false advertising claims related to ingredients and product labeling of foods, which reached differing results.
United States
14 May 2019
14
Players, Staff And Draft Picks May Be Traded Tax-Free Under New Safe Harbor
On April 11, 2019, the Internal Revenue Service (the "IRS") issued Revenue Procedure 2019-18, creating a safe harbor that allows professional sports teams to treat trades of personnel contracts
United States
14 May 2019
15
Warning Shot: Charges Against OneCoin Include Securities Fraud
In early March, the Manhattan U.S. Attorney unsealed indictments against the leaders of the Bulgarian-based "purported" cryptocurrency "OneCoin"
United States
14 May 2019
16
SEC Gives Guidance On Securities Analysis For Digital Assets: TurnKey No-Action Letter And Framework Publication
The Securities and Exchange Commission ("SEC") recently issued highly anticipated guidance to assist market participants in determining whether a digital asset is offered and sold as a security
United States
14 May 2019
17
Breaking: Judge Orders Employers Must Submit EEO-1 Pay Data By September 30, 2019
According to published reports, US District Judge Tanya Chutkan issued a ruling from the bench today ordering employers to submit the pay data component of the EEO-1 form ("Component 2") by September 30, 2019.
United States
14 May 2019
18
Regulation Round Up - April 2019
The Financial Conduct Authority ("FCA") published a statement announcing that it is commissioning an investigation by an independent person into the issues raised by the failure of London Capital & Finance.
United States
10 May 2019
19
SEC Gives Guidance On Securities Analysis For Digital Assets
The Securities and Exchange Commission ("SEC") recently issued highly anticipated guidance to assist market participants in determining whether a digital asset is offered and sold as a security.
United States
10 May 2019
20
UK Tax Round Up - April 2019
In Oversea Chinese Banking Corporation Ltd v ING Bank NV, the Commercial Court has held that the measure of damages for breach of warranty in a share sale is simply the difference between the amount paid...
UK
10 May 2019
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