News & Publications

Publications

June 18, 2012
Last week the SEC issued final rules regarding the independence of compensation committee members and their advisors. However, the actual independence standards for committee members (really the key aspect of the rules) are delegated to the stock exchanges to propose within 90 days and finalize within a year. For more information, read this client alert.
June 22, 2012

On June 18, 2012, the United States Supreme Court resolved a split between the Second and Ninth Circuits, finding a pharmaceutical sales representative qualifies as an exempt outside salesperson under the Fair Labor Standards Act (“FLSA”).

June 12, 2012

In April, the Federal Communications Commission (FCC) adopted a Further Notice of Proposed Rulemaking (Further Notice) to kick-start this Administration’s attempt to reform the FCC’s existing Universal Service Fund (USF) contribution rules in implementing the new Connect America Fund (CAF).

June 11, 2012
A recent Eighth Circuit opinion illustrates the high standard that parties—even a physician seeking access to his patients after losing privileges—must meet to establish  entitlement to injunctive relief.
June 5, 2012

Last week, the First Circuit found that the federal Defense of Marriage Act (“DOMA”) is unconstitutional.

June 1, 2012

On May 30, 2012, the Acting General Counsel of the National Labor Relations Board (NLRB) issued an updated report regarding recent social media cases.

May 30, 2012

A recent federal district court decision in West Virginia illustrates the current divergence among the circuit courts as to whether EMTALA preempts state pre‑suit requirements for medical malpractice claims, and describes how EMTALA has been used to avoid those state law requirements. 

May 2, 2012

Kutak Rock attorney Jad T. Davis published an article in the Wednesday, May 2 edition of the Los Angeles Daily Journal titled "Fight Increased Oversight Costs: Water Code Section 13365."

April 10, 2012

On April 5, 2012 President Obama signed into law the Jumpstart Our Business Startups Act or the “JOBS Act.”

April 9, 2012

After over five years of litigation, on March 31, 2012, the U.S. District Court for the Western District of Missouri found that ABB, Inc., its benefits and investment committees and certain individual fiduciaries (the “ABB Defendants”) and Fidelity Management Trust Company and Fidelity Management & Research Company (“Fidelity”), a 401(k) plan recordkeeper, breached fiduciary duties owed to two ABB, Inc. 401(k) Plans (the “Plans”).

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