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Law and the Workplace

[Podcast]: OFCCP Opens Hotline for Complaints of Race and Sex Stereotyping in Workplace Training

By Harris Mufson & Guy Brenner

October 16, 2020

In this episode of The Proskauer Brief, partners Harris Mufson and Guy Brenner discuss the Trump administration’s recent Executive Order on Combating Race and Sex Stereotyping, which restricts the concepts that government contractors can include in their employee diversity and awareness training programs. It also imposes certain penalties and sanctions, including debarment for failure to comply. Tune in as we discuss key considerations for government contractors in the wake of the order. Listen to the …

Minding Your Business

Michigan Supreme Court Strikes Down Governor’s Emergency Powers

By Christopher E. Ondeck, John R. Ingrassia, Kelly Landers Hawthorne, Nathaniel Miller, Nicollette R. Moser & Jennifer Tarr

October 16, 2020

Are Michigan’s Enhanced Price Gouging Provisions Undone? As much of the country remains under various and often overlapping states of emergency, one Governor’s powers have been limited by a state supreme court. On October 2, 2020, the Michigan Supreme Court held that Michigan Governor Gretchen Whitmer did not have authority to issue or renew COVID-related executive orders beyond April 30, 2020. The Court stated that “our decision today . . . leaves open many avenues…

Law and the Workplace

Election Season and the Workplace, Part 2: Political Leave Laws

By Allan Bloom, Laura Fant & Alex Downie

October 16, 2020

With Election Day just around the corner, we are highlighting some of the issues facing employers in a series of posts on election-related issues. In our first installment, we looked at employee protections around political speech and activity both in and outside the workplace. In this second installment, we’ll examine employees’ rights to take time off to vote or engage in other political activities. Voting Leave Laws. Approximately thirty states require that employers provide…

Tax Talks

COVID-19: Extension of the UK’s Job Support Scheme

By Robert E. Gaut & Philip Gilliland

October 16, 2020

As lockdowns loom across the land with the introduction of a three-tier system of restrictions based on local COVID-19 alert levels, at the highest alert level (tier 3) certain businesses will be forced to close, including pubs and bars (unless they serve substantial meals). To support businesses that are legally required to close as a result of the restrictions, the Job Support Scheme announced as part of the UK Chancellor’s Winter Economy Plan (reported by…

Tax Talks

Section 1446(f) Final Regulations: Key Changes to Guidance on Non-Publicly Traded Partnership Interest Transfers by Non-U.S. Persons

By Jeremy Naylor, Stephen Severo, Charles R. McGonigal & Kaitlyn L. Flynn-Rozanski

October 15, 2020

On October 7, 2020, the U.S. Internal Revenue Service (“IRS”) and Treasury Department released final regulations [1] providing guidance on the rules imposing withholding and reporting requirements under the Code[2] on dispositions of certain partnership interests by non-U.S. persons (the “Final Regulations”). The Final Regulations expand and modify proposed regulations [3] that were published on May 13, 2019 (the “Proposed Regulations”), and which we described in a prior Tax Talks post.[4] Unless…

Minding Your Business

Tolling Statutes of Limitations in Products Liability Cases: Latent Injury or Unknown Cause?

By Seth H. Victor

October 15, 2020

Consider a hypothetical person named Jane, who bought a chair twenty years ago. The chair was designed to help relieve back pain, but it actually made it worse. Because Jane was trying many different remedies, she did not associate the chair with the new pain. Additionally, the problems with the chair were not discovered for many years, when a newspaper reported that the company had known this was a possibility. However, Jane had stopped using…

The Capital Commitment

Asserting Reliance on Compliance Consultants as a Defense: Admissibility and Effectiveness

By James Anderson, Joshua M. Newville, Robert E. Plaze & Samuel J. Waldon

October 15, 2020

Asset managers commonly engage regulatory compliance consultants to aid them in addressing regulatory requirements and implementing compliance programs. The work of those compliance professionals can be drawn into SEC enforcement actions in various contexts. See, e.g., ZPR Investment Mgmt. Inc. v. SEC (compliance consultant resigned when advice not followed and testified in proceeding). One such context is when a fund manager asserts reliance on advice of the compliance consultant as a defense to fraud charges. Earlier…

Minding Your Business

Happy Prime Day: Trump Directs Federal Government to Pursue Legislation Making E-Commerce Platforms Liable for Counterfeit Sales

By Jeffrey Warshafsky

October 14, 2020

In a recent post, we summarized recent developments in litigation and legislative activity concerning whether online marketplaces may be directly liable for the sale of defective and counterfeit products on their platforms. Now the executive branch has weighed in, with President Trump issuing (on Prime Day, no less) a Memorandum on Stopping Counterfeit Trafficking on E-Commerce Platforms Through Fines and Civil Penalties.…

California Employment Law Update

California Expands Jury Rolls

By Kristina L. Sidrak & Tony Oncidi

October 14, 2020

Gov. Newsom has signed Senate Bill 592 (“SB 592”) into law. Effective next year, SB 592 requires jury commissioners across the state to include anyone who files state taxes in the pool of prospective jurors. Currently, prospective jurors are summoned from lists of registered California voters and licensed drivers, which total approximately 47 million people. While there will likely be significant overlap, SB 592 is expected to add several million more names to the jury…

Proskauer For Good

Election Protection and the Need for Nationwide Voting Standards

By William C. Silverman

October 13, 2020

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Proskauer’s participation in Election Protection, through hosting a call center with Firm, client and alumni volunteers across the United States, provides an invaluable service to individual voters ensuring they have an equal opportunity to cast their ballot. This volunteer experience also provides great insight into the current condition of democracy in America. It lays bare some fundamental weaknesses in the US electoral systems of voting, but also suggests a potential roadmap for reform. One thing…

Proskauer Rose LLP

[Podcast]: OFCCP Opens Hotline for Complaints of Race and Sex Stereotyping in Workplace Training

Michigan Supreme Court Strikes Down Governor’s Emergency Powers

Election Season and the Workplace, Part 2: Political Leave Laws

COVID-19: Extension of the UK’s Job Support Scheme

Section 1446(f) Final Regulations: Key Changes to Guidance on Non-Publicly Traded Partnership Interest Transfers by Non-U.S. Persons

Tolling Statutes of Limitations in Products Liability Cases: Latent Injury or Unknown Cause?

Asserting Reliance on Compliance Consultants as a Defense: Admissibility and Effectiveness

Happy Prime Day: Trump Directs Federal Government to Pursue Legislation Making E-Commerce Platforms Liable for Counterfeit Sales

California Expands Jury Rolls

Election Protection and the Need for Nationwide Voting Standards

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