The Definition of 'Management-Level' Employee Under Title VII
September 29, 2009
The United States Court of Appeals for the Third Circuit recently decided a sexual harassment case that has consequences for nearly every employer, regardless of industry. This decision serves as an important reminder for all employers regarding the reporting and proper handling of discrimination and harassment complaints.
Legal Holds: Get Them in Writing
August 25, 2009
In-house counsel and their outside counterparts routinely struggle with the problem of when and how to issue legal hold notices. When is litigation reasonably anticipated? Who should get the notice? Should the notice be tailored to the case or based on a rigid template? One question that should have a consistent answer is whether the notice should be in writing.
Another View: Recent SEC Proposals on Proxy Access
August 25, 2009
The ongoing recession has led lawmakers and the SEC alike to focus on limiting perceived excessive risk-taking and improving the accountability of boards of directors to shareholders. This focus has yielded a range of ideas, although none more controversial than the SEC's recently proposed rules to permit shareholders to include their director nominees in a company's proxy statement.
Age Discrimination in Employment
August 25, 2009
Age Discrimination is once again in the news after a recent ruling by the U.S. Supreme Court on an Age Discrimination Employment Act (ADEA) claim. And why not? In the last ten years, age discrimination claims have risen 61% to over 24,000 claims in 2008, according to Equal Employment Opportunity Commission.
Proposed Changes to Disclosure Rules
August 25, 2009
On July 10, 2009, the Securities and Exchange Commission (SEC) released its proposals for a number of changes to the compensation disclosure and proxy rules. Many of the proposed changes do not seem dramatic at first glance, but they could lead to surprising results.
Organizational Risk in an Economic Downturn
July 28, 2009
During turbulent economic times, organizations need to be especially vigilant to minimize potential risks that could ultimately affect the bottom line or shareholder ROI.
Shareholders to Gain Access to Company Proxy Statements for Director Nominations
July 28, 2009
On May 20, 2009, the SEC proposed amendments to the existing proxy rules that would, among other things, allow shareholders to nominate directors in a company's proxy materials. Chairman Mary Schapiro strongly encourages interested parties to participate in the Commission's comment process that will end on Aug. 17, 2009.
