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September 9, 2014
The ruling in United States ex rel. Thayer v. Planned Parenthood of the Heartland deepened the current split in the circuits regarding the level of specificity required in a False Claim Act (FCA) case, making it easier for whistleblowers and the government to survive early dismissal. For more information on the ruling, please read our client alert.
August 20, 2014
CNDAs are becoming more heavily negotiated in mergers and acquisitions. Based on our recent deals, we have listed some considerations to assist in your CNDA negotiations.
August 15, 2014

Last Friday, the President signed the Highway and Transportation Funding Act of 2014 (“HATFA”) into law. HATFA extends the interest rate smoothing provisions applicable to defined benefit pension plans that were originally found in the Moving Ahead for Progress in the 21st Century Act of 2012 (“MAP 21”). HATFA requires non-governmental sponsors of single- and multiple-employer defined benefit pension plans to take immediate action.

July 31, 2014

On June 27, 2014, the U.S. Court of Appeals for the District of Columbia confirmed a company’s rights to conduct an internal investigation that is protected by the attorney-client privilege.  This decision has attracted national attention.

July 31, 2014
In May, the IRS announced that it had launched an audit initiative to gauge compliance with the rules for nonqualified deferred compensation arrangements under Internal Revenue Code Section 409A. Yesterday, we participated in a national conference with the IRS where IRS agents provided their unofficial opinions regarding the focus and applicability of the Initiative as well as other relevant matters under Code Section 409A. To learn what we learned, please read our client alert.
July 29, 2014

California employers can significantly limit their exposure to liability by ensuring compliance with IRCA’s I-9 employment authorization and document retention requirements for each employee.

July 18, 2014

On July 14, 2014, the EEOC issued new enforcement guidelines regarding the PDA and ADAAA.

July 7, 2014

The California Department of Public Health (CDPH) recently set an Maximum Contaminant Level (MCL) of 10ppb (parts per billion) for hexavalent chromium in drinking water. This MCL is the most stringent in the nation, and is much lower than what the latest research shows is needed to protect public health. For additional information, please read our client alert.

July 1, 2014

On June 30, 2014, the Supreme Court ruled that under the Religious Freedom Restoration Act, closely-held for-profit corporations are not required to pay for contraceptives if doing so would violate the corporation’s sincerely held religious beliefs. For more information on the major parts of the decision and its impact on employers, please read our client alert.

July 1, 2014

With its term coming to a close, the Supreme Court has issued a pair of important opinions that set the stage for change in the labor and employment arena.  The two cases – National Labor Relations Board v. Noel Canning, No. 12-1281, and Harris v. Quinn, No. 11-681 – have the potential to shake up labor relations in the years to come.  Employers should remain vigilant as this precedent works through the NLRB and the courts and should be prepared to modify policies and procedures as necessary.

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