Mr. Feldman will discuss current employment law issues, including medical marijuana in the workplace, the enactment of new employee leave laws, recent social media court cases, and employee misclassification of consultants of consultants and exempt employees under the National Labor Relations Act.
Monthly Archives: December 2015
We’ve got a really international roundup for you this week, with posts from the UK, Thailand, the US, and taking a peek into the much-discussed TPP from a trade secrets perspective. If you missed any of these, make sure to check them out today!
- Christmas Crackers – Top Tips For Employers This Christmas from Miller Samuel (Scotland)
- Failure to Prove Probability of Harm from Alleged Data Breaches Dooms FTC’s Complaint from Davis & Gilbert (US)
- Dej-Udom & Associates Newsletter – November 2015 from Dej-Udom & Associates (Thailand)
- ILN IP Insider: Trans Pacific Partnership Terms Revealed But Trade Secret Protections Still Uncertain from Epstein Becker & Green (US)
- No jurisdiction for creditors who have proved elsewhere from Fladgate LLP (England)
- Whistleblowers Under Sarbanes-Oxley and Dodd-Frank – Employment Law This Week from Epstein Becker & Green (US)
Summary of the changes
On 26 November 2015, the UK completed the implementation of the Transparency Directive Amending Directive. This has entailed amendments to the Financial Services and Markets Act 2000 (FSMA) and to the Disclosure and Transparency Rules (DTRs). Key changes include:
- a new power for the Financial Conduct Authority (FCA) to apply to court for an order suspending the voting rights of shares, for serious breach of the major shareholdings notifications regime;
- a requirement for the FCA to publish information on the type and nature of breaches of the transparency regime, together with the identity of the person sanctioned, subject to a discretion to publish anonymously in certain circumstances;
- extending the deadline for publishing half-yearly financial reports from two to three months after the end of the reporting period;
- increasing the period during which half-yearly financial reports must remain publicly available from five to ten years;
- a new exemption from the notification obligations for voting rights attached to shares that have been acquired for stabilisation purposes; and
- removing the exemption for stock lending, so that it must be disclosed by both lender and borrower at the 5%, 10% and higher thresholds required by the Transparency Directive.
Christmas comes but once a year – and brings a whole set of employment issues with it. This post looks at some of the most common issues raised by the festive season and offers guidance to employers for making it through the most wonderful time of the year.
In a rare loss for the Federal Trade Commission (FTC) in a data security case, an administrative law judge has rejected the agency’s complaint against LabMD, Inc. The FTC claimed that LabMD failed to provide “reasonable and appropriate” security for personal information maintained on LabMD’s computer networks and that this conduct “caused” or was “likely to cause” substantial consumer injury, in violation of Section 5(a) of the Federal Trade Commission Act.
Congress has until December 11 to either pass an omnibus appropriations spending bill or pass a continuing resolution (CR) to avoid a government shutdown. After this week, neither side seems particularly optimistic that an omnibus deal will be reached in time.
House Republicans sent over their initial offer to House Democrats on Tuesday night of this week. House Democrats responded by saying the GOP hadn’t sent over a “real offer” – decrying policy riders in the Republican proposal relating to Wall Street, EPA, and Syrian refugees. Democrats are said to be working on a spending bill of their own.
In the advertising world, perhaps not even “Mad Men” is as consistently entertaining as The Martin Agency. Known for steady and creative execution of Fortune 500 accounts, Martin helped bring GEICO out of the stone age (or into it, rather) with its caveman campaigns, and re-energized Walmart’s image with a clean and modern approach.
Named as the 2009 Agency of the Year by Adweek, The Martin Agency may be headquartered south of the Mason-Dixon Line in Richmond, Virginia, but it’s not considered a Madison Avenue outlier or scrappy underdog in terms of its work or talent. (The agency has offices in New York and London, too.)
States extend historic preservation tax credits
An article in The News & Observer this past summer opined on the state of historic tax credits in the Tar Heel State. The article cited a legislator who lamented the fact that in the economic development arena, “South Carolina is eating our lunch,” and the president of Preservation North Carolina, Myrick Howard, agreed that North Carolina is losing its advantage in the preservation of architectural and historic resources.
Myrick attributed this to the December 2014 sunset of tax credits that made it easier to rehabilitate historic structures. Indeed, he declared, the effects of the tax credit were tangible: The private sector spent nearly $2 billion to revive key areas throughout the state, like downtown Durham, Raleigh, Winston-Salem, Asheville, Salisbury, Mount Airy, New Bern, and Edenton during the existence of the tax credit.