This Article was written by Mark H. Moore, a Partner in the Firm The Supreme Court, in its recent decision, Halliburton Co. v. Erica P. John Fund, Inc., ___ U.S. __, 2014 WL 2807181 (June 23, 2014), declined petitioner Halliburton’s invitation to put a quick end to class action lawsuits...
This article was written by Alice K. Jump, a partner with the Firm. In a major ruling under the whistleblower provisions of the Sarbanes Oxley Act (“SOX”), the Supreme Court, in a 6-3 decision, extended the statute’s anti-retaliation provisions to employers of privately held contractors or subcontractors who perform work for...
In an opinion addressing cutting-edge issues under the Sarbanes Oxley Act (“SOX”), U.S. District Judge J. Paul Oetken refused to dismiss a case brought by RPL client Philip Leshinsky against Telvent GIT, S.A, a Spanish information technology company, and certain of its subsidiaries, under SOX’s whistleblower provisions. Judge Oetken's Memorandum and Order denied...
RPL congratulates Firm Partners Mark H. Moore and Lawrence Brocchini on their receipt of Martindale-Hubbell® Peer Review Ratings™ of AV Preeminent® -- the highest rating given. The Martindale-Hubbell® Peer Review Ratings™ are a service to the bar that enables members of the legal community to benefit from the candid and objective...
America has just concluded a hotly contested and sometimes nasty Presidential election. Partisan feelings ran high on both sides. There is a temptation for the victors to gloat and the losers to lash out. While such emotions may or may not be the sign of a healthy democracy, there are...
In a case involving a question of great importance to New York’s hospitality industry, the United States Court of Appeals for the Second Circuit found New York law is unclear as to (1) what degree of supervisory responsibility renders an employee an “agent” of an employer ineligible for tips under...
In a decision of first impression, Judge J. Paul Oetken of the United States District Court for the Southern District of New York agreed with arguments advanced by RPL on behalf of client Phillip Leshinsky that the 2010 Dodd-Frank Wall Street Reform and Consumer Protection Act (“Dodd-Frank”) applied retroactively to...
Recent layoffs at Dewey & LeBeouf LLP have highlighted the federal worker protection under the federal Worker Adjustment and Retraining Notification Act, 29 U.S.C. §§ 2102, et seq., or WARN Act. (Some states, including New York, have enacted respective WARN acts, which differ in some aspects from federal law.) Enacted...
By Neil Patrick Parent We have been tracking Christopher v. SmithKline Beecham Corp., currently before the United States Supreme Court, a case involving whether or not pharmaceutical sales representatives (or “detailers” as they have traditionally been known in the industry), are eligible for overtime wages for hours worked in excess...
Reavis Parent Lehrer LLP won a significant victory on behalf of its client Vandegrift Forwarding Company, Inc. (“Vandegrift”) when Judge Dora Irizarry of the United States District Court for the Eastern District of New York dismissed a complaint asserting claims under the federal Employee Retirement Income Security Act, commonly known...