U.S. Economic Sanctions
The challenge for U.S. actors is how to comply with the law in the dynamic world of economic sanctions. This article tries to help by pointing out challenging (or “hot”) current issues and making suggestions about compliance strategies that in-house counsel can leverage to address the most challenging compliance issues.
Sexual Harassment
<b><i>The Basics, the Skeletons In Your Closet, and How to Be Prepared</b></i><p>Harvey Weinstein has put the spotlight on sexual harassment in the workplace. Under this light we see multiple industries struggling with their own sexual harassment allegations and revelations.
FATCA Revamp
<b><i>Will Your Company Be Prepared?</b></i><p>FATCA is an effort by the United States to curb tax evasion and incentivize Foreign Financial Institutions (FFI) to report the overseas assets of U.S. persons. The U.S. encourages compliance by imposing a 30% withholding penalty on all U.S. source income and sale proceeds of non-compliant foreign financial institutions.
Labor and Employment Law Changes in the Trump Era
President Trump's first 11 months in office brought significant changes to labor and employment law. Immediate changes to the leadership and agendas for the DOL, the EEOC and the NLRB) have already occurred, along with reversals of policy and positions taken in court.
Key Decisions from Delaware Courts
<b><i>Mergers and Acquisitions</i></b><p>A few recent decisions from the Delaware Court of Chancery provide useful information to corporate executives who are involved in the sale or purchase of businesses, or who are involved in joint ventures in which the sales price or the post-closing profit distribution is based on certain milestones being reached.
Follow Up on False Claims Act Actions
The authors discuss several steps to take in order to avoid the pitfalls that could accompany lengthy exposure vis-à-vis state false claims actions.
Employee Claims in Bankruptcy Pose Significant Liability Exposure
<b><i>Lessons Learned From In Re FPMI Solutions Inc.</i></b><p>When a corporation determines to file for Chapter 11 protection, questions concerning the status of existing labor and employment agreements and viability of employee claims immediately arise. Indeed, there are litanies of potential pitfalls for companies that file for bankruptcy without strictly following the requirements of federal or state employment laws.
Chancery Approves Incorporation of Reference Condition in Section 220 Litigation
Books and records actions are heralded as the "tools at hand" for litigators pursuing shareholder claims against a corporation. In fact, the Delaware Court of Chancery has been critical of litigants who failed to take advantage of a shareholder's right to request the books and records of a corporation prior to commencing litigation against the corporation.
Global Mobility Objectives and Immigration
A company's desire for talent mobility may face hurdles and roadblocks in securing work authorization for their employees as part of an international move. How, then, can companies align their global mobility objectives with rapidly changing immigration rules and regulations?
