European and UK Employment Law: Quarterly Case Update

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European and UK Employment Law: Quarterly Case Update

March 29, 2007

Christopher Walter and Caroline Dunne

This alert summarises important new employment law developments affecting employers with operations in the UK and Europe.

Click here for a PDF of the full text

UK Employment Law: Quarterly Case Update

DOJ Issues Guidelines for Selecting and Using Corporate Monitors

Governments Discovery Deficiency in a Criminal Case Subject to Increased Scrutiny

Immigration News: USCIS Releases Advance Copy of Interim Final Regulation Relating to FY 2009 Cap-Subject H-1B Filings

Immigration News: Filings to Begin April 1 for Fiscal Year 2009 Quota of H-1B Visas

Federal Investigators Ramp Up Scrutiny of Subprime Meltdown

The Latest Attempt To Restrict Physician Ownership In Hospitals

Federal Courts Strengthen Protection of International Arbitration Awards

Seventh Circuit Issues Significant Opinion Affecting Fairness Opinion Practice

Nonemployer Individuals Cannot Be Held Liable for Retaliation Under the California Fair Employment and Housing Act

Massachusetts Judge Decides E-mail Exchange Sufficient To Form An Enforceable Settlement Agreement

The Northern District of California Revises its Patent Local Rules

SEC Approves Actively Managed Exchange Traded Funds

Wage and Hour Claims: The New Wave

Litigation Alert for 401(k) Plans

Kosovos Independence: No Negative Impact on Investment into the Region

Disclosing Effects of Climate Change in Energy, Financial Companies' 10-K's BNA's Daily Environment Report. March 3, 2008.

Delaware Bankruptcy Court Issues Opinion of First Impression With Respect To Repo Agreement

The Sedona Conference Commentary On ESI Evidence & Admissibility

UK and European Employment and Benefits Law Update

Energy Performance Certificates (EPC)

Developments in the PRC's Employment Laws in 2007

SEC Votes to Propose Amendments to Part 2 of Form ADV

Subprime Mortgage Litigation Trends: Standing and Causation Defenses

Employers With San Francisco Employees Must Comply With Citys New Health Care Spending Ordinance Despite Legal Challenge

New Brownfields Exemption Will Help Developers of Contaminated Property

Implementing Regulations of Enterprise Income Tax Law Implemented in China

Increased Hart-Scott-Rodino Act Thresholds and Recent Enforcement Actions

Open Access Transmission Reform Moves Forward

SEC Adopts Rules Facilitating the Use of Electronic Shareholder Forums

China Matters: 2007 Review

Section 13 SEC Reporting by Advisers and Brokers and Section 16 SEC Reporting by Insiders of Public Companies

Arbitration: What to Consider When Investing in Emerging Markets

New Leave Law Protects Family Members of Soldiers and Sailors

Diversity and the Role of the Young Lawyer

Toxic Exposure Claims Likely to Spike in Alabama

UK Employment Law Developments in Early 2008

Should IP Addresses Be Protected as Personal Information? EU Data Protection Official Says Yes.

A Matter of FACTA: Part III Legal and Legislative Crossroads

Acquisition of U.S. Companies by Chinese Companies: Practical Considerations Under U.S. Law

Pro Bono News - Winter 2007/2008

The Supreme Court Rejects Securities Fraud Scheme Liability for Secondary Actors

Restating Financials? Forfeiting Bonuses and Profits to the SEC Now a Real Threat

Delaware Bankruptcy Court Issues Opinion Of First Impression With Respect To Repo Agreement

Are Consumers Savvy About Carbon Neutral and Green Energy Marketing Claims?

Immigration News: A Reminder of New Developments

NLRB: Employers May Restrict Employee Use of Office E-mail for Union Solicitation and Other Employee Organizational Activity

Actions by the Federal Energy Regulatory Commission Regarding Transaction Approvals and Market Power Issues that May Impact Your Deals

California Employers Required to Notify Employees that They May Be Eligible for the Federal Earned Income Tax Credit

Federal Reserve Proposes New Regulations in Response to Subprime Issues

Listing Investment Companies on the London Stock Exchange: Latest Developments

US Incentive Plans, EU Employees and Conflicts of Law

Impacted by the Credit Crunch? Effecting Workforce Reductions in the UK

Bush Mortgage Relief Plan - Questionable Relief, Questionable Protection from Litigation

Immigration News - New Petition Verification Procedures May Result in Visa Processing Delays

A Road Map for Water: A Court Finally Clears a CEQA Water Supply Analysis

The SEC Targets 10b5-1 Plans Ten Things Executives and Boards Should Be Doing

Annual Form ADV Requirements for Investment Advisers

SEC Proposes New Layered Prospectus Disclosure and Delivery Regime

French Securities Regulator (AMF) Considers Relaxing Disclosure and Corporate Governance Rules for Small and Mid Cap Issuers Listed on French Regulated Markets

Immigration News - November 29, 2007

China Matters: China Issues New Foreign Investment Restrictions

Illinois Opens the Door for Jury Trials in Employment Law Claims

SEC Proposes to Amend Mutual Fund Disclosure Requirements

Subprime Mortgage Meltdown: Issues and Implications

Key Employment-Related Legislative Developments of 2007

Immigration News - November 13, 2007

Immigration News - November 8, 2007

California Meal Period Compliance Update: Three New Cases Offer Guidance on the Provide Versus Ensure Debate

FCC Prohibits Exclusivity Agreements Between Multiple Dwelling Units and Most Cable Companies

The Fair Employment and Housing Commission Issues the Long-Awaited Regulations Implementing California's Mandatory Sexual Harassment Prevention Training Law

Key Differences in US and UK Stock Purchase Agreements

Immigration News - November 5, 2007

409A Newsflash; Practical Implications of Recent Relief

Georgia Banking Department Proposes Rule Affecting Acquisitions and Proxy Solicitations in Large Financial Institutions

European and UK Employment Law: Quarterly Case Update and New Legislation Review

SEC Approves FINRA Rules Governing Fairness Opinion Practice

Second Circuit Clarifies Rule on Foreign Anti-Suit Injunctions

SEC Provides Limited Principal Trading Relief and Proposes Interpretive Rule for Broker-Dealer Exclusion

French Securities Regulator (AMF) Considers Relaxing Listing Conditions for Foreign Issuers

Webinar Held on Rule 12b-1 Fees: Past, Present and Future

Evaluating Healthcare Audit Priorities: The OIG Issues Its 2008 Work Plan

Immigration News - October 15, 2007

Maintaining The Lines Of Privileged Communication

New York Labor Law Amendments Expand Labor Departments Jurisdiction, Require Written Commission Plans

New Guidance from the California Supreme Court on Incentive Compensation Plans and Authorized Deductions

Immigration News - October 4, 2007

China Matters: New Regulations on Laws Governing Civil/Commercial Contracts

Tougher and Broader Tax Return Preparer Standards and Penalties

BMC Resources, Inc. v. Paymentech, L.P.: Federal Circuit Rejects Strict Liability Theory of Joint Infringement

The New Age of Social Networking Issues for Employers

U.S. Patent and Trademark Office Issues Final Rules Limiting Claims and Continuation Applications

The California Attorney Generals Latest Settlement: ConocoPhillips Company Agrees to Offset Greenhouse Gas Emissions from Expanded Refinery

China Matters: China Adopts First Anti-Monopoly Law

Immigration News - September 17, 2007

FinCEN Final Patriot Act Regulations on Special Due Diligence Program

China Expands Investment Scope for Offshore Wealth Management Services

Bankruptcy Court Order in the Enron Corp. Case Overturned

CEQA Warms to Climate Change: Analysis of Greenhouse Gases Now Required

Certain Entities No Longer Disregarded for Purposes of Employment and Certain Excise Taxes

Proposed Stark Law Amendment and Rule Changes: Major Restructuring Ahead?

Financial Services Employer News: Summer Edition

Federal Circuit Overrules Precedent - A Sea Change in the Law on Willfulness

SEC Adopts Rules Mandating Internet Delivery of Proxy Materials

Immigration News - August 16, 2007

Immigration News - August 10, 2007

A Matter of FACTA (Part II): Recent Developments Favor Defendants in Defeating Class Actions Alleging Willful Violations

Lateral Thinking: The SEC's Suggested Mutual Recognition Regime Will Make The US More Competitive By Opening It Up. International Financial Law Review. August 2007.

For Paul Hastings in China, Education is a Priority

UK Employment Law: Quarterly Case Update

Subprime Lending Meltdown Part Three: Federal and State Investigations

FERC Threatens Major Civil Penalties For Natural Gas Market Activities

Eleventh Circuit Reverses Earlier Panel Decision and Re-Affirms Publishers Right to Reissue Collective Works in Digital Format

SEC Adopts Antifraud Rule Applicable to Advisers of Pooled Investment Vehicles, Including Hedge Fund and Private Equity Fund Advisers

China Matters: China Issues Labor Contract Law

Immigration News - July 17, 2007

Proposed Regulations on Deductions for Entertainment Use of Business Aircraft

SEC to Propose an End to U.S. GAAP Reconciliation for Foreign Filers That Use IFRS

Immigration News - July 2, 2007

China Matters: New Rules Further Restrict Foreign Investment in China Real Estate

Immigration News - June 29, 2007

Immigration News - June 28, 2007

New Rules on China Exports

Legislation Introduced to Increase Taxes on Manager Profits from Private Equity Funds, Real Estate Funds and Hedge Funds

U.S. Supreme Court Affirms Superfund Cost Recovery Right for Volunteers

Supreme Court Establishes New National Standard For Pleading Securities Fraud Cases

Reasonable Expectation of Privacy in Stored E-Mail? Sixth Circuit Says Maybe

Employers May Coordinate Retiree Health Care Benefits With Medicare

EEOC Issues Guidance on Disparate Treatment of Workers With Caregiver Responsibilities

China Matters: Employers in Mainland China May Be Liable for Failure to Prevent and Prohibit Sexual Harassment

SEC Formalizes Its Positions on PIPE Transactions

Federal Regulators Propose Model Privacy Forms Under the Gramm-Leach-Bliley Act

Major Changes Proposed to New York State Brownfield Law

Sudan Sanctions and State Divestment Initiatives

Supreme Court Limits Charge-Filing Period for Disparate Pay Claims; Rejects “Paycheck” Rule

Sexual Orientation Discrimination – Actions Employers Should Take

U.S. Supreme Court Upholds EPA’s Interpretation of Emissions Increase Under the New Source Review Program

Ninth Circuit Rules on Copyright Challenge to Google Image Search

Subprime Mortgage Meltdown: Is Litigation on its Way? Part II

D.C. Circuit Upholds FERC Income Tax Allowance Policy

Pro Bono News - Spring 2007

Subprime Mortgage Meltdown: Is Litigation on its Way?

REIT Treatment of Foreign Currency Gain

Bell Atlantic Corp. v. Twombly – The Supreme Court Tightens Pleading Standards for Antitrust Conspiracy and Beyond

Supreme Court to Review Municipal Bond Case

In Post-Trial Opinion, District Court Finds No Inequitable Conduct Arising Out of Failure to Disclose Co-Pending Application

Proposed New Legislation to Require Most Hedge Fund (and other Private Fund) Managers to Register with SEC and Become Subject to Regulation Under the Advisers Act

The Final Word: Final 409A Regulations Provide Guidance on Equity Compensation

Compliance Deadlines Approach for Implementing Order No. 890 (Open Access Transmission Service Policies)

Arbitration Clauses: The Lessons of Fiona Shaw

SEC Modifies Conditions Relating to Section 19(b) Exemptive Order Applications

The Final Word Under the New Section 409A Rules: Separation Pay

Immigration News - May 7, 2007

Stay Current: New York Agencies Take Lead in Addressing Soil Vapor Concerns

Supreme Court Rules on the Obviousness of Inventions Under the “Teaching-Suggestion-Motivation” Test

The Final Word Under the New Section 409A Rules: Coverage

The Final Word Under the New Section 409A Regulations: 2007 Action Items and Diagnostic Guide

Clean Air and Fresh Law: UK Employment Law Developments

Navigating the Current of Federal Wetlands Cases

Federal Scrutiny of Private Equity Deals Makes Antitrust Compliance a Necessity for Private Equity Firms

Immigration News - April 23, 2007

Meal And Rest Period Payments Under Labor Code Section 226.7 Are “Wages”

Record EU Cartel Fines in Q1 2007 Highlight Issue of In-House Prevention: The Pitfalls of Confidential Information Exchanges Between Competitors “In Good Company”

Supreme Court Rules EPA Has Statutory Authority To Regulate Greenhouse Gases

China Matters: China's New Corporate Tax Regime

CRISIS ROLODEX: THE BEST LAWYERS TO CALL IN A WORST-CASE SCENARIO. BY MICHAEL T. BURR. INSIDE COUNSEL. APRIL 2007.

409A Final Regulations - Redline Version

A Matter of FACTA: A Guide to Preventing and Defending the Newest Wave of Class Action Lawsuits

Immigration News - April 10, 2007

Court Overturns SEC Rule Exempting Broker Dealers Offering Fee Based Brokerage Programs From Regulation Under Investment Advisers Act

U.S. Supreme Court Upholds Enforceability Of Contractual Attorneys Fees Clause In Bankruptcy

Financial Services Employer News: Spring Brief

China Matters: China’s New Anti-Trust Approval Guidelines

Fifth Circuit Limits Secondary Liability Under Section 10(b) and Rule 10b-5 While Supreme Court Accepts Review of Eighth Circuit Decision

Immigration News - April 3, 2007

European and UK Employment Law: Quarterly Case Update

Executive Compensation Disclosures for 2007: Insights – and Key Examples – from the First CD&As

Venezuela Launches Next Stage of Expropriation

When Is a Release Requirement Not a Release Requirement?

New Year, New Law: UK Employment Law Developments in
Early 2007

Daugherty v. American Honda Motor Co. Brings Reasonable Limits on Consumer Fraud and Warranty Liability in California

Increased Hart-Scott-Rodino Act Thresholds

New Medicare Enrollment and Certification Rules for Independent Diagnostic Treatment Centers: Are Prohibitions on Certain Equipment, Space and Employee Leasing Arrangements Around the Corner?

Immigration News - February 23, 2007

Is China’s New Environmental Protection Circular an Obstacle for New Projects?

Federal Circuit in Seagate Case to Address Attorney-Client Privilege in Willful Patent Infringement

China Matters: Employers in Mainland China May Be Liable for Failure to Prevent and Prohibit Sexual Harassment

IRS Announces New Compliance Program Allowing Employers to Pay Section 409A Penalties on Stock Rights Exercised in 2006; Employers Must Act Quickly to Participate

DOL Issues Interim Final Rule on Cross-Trading Policies and Procedures for ERISA Accounts

Delaware Court Denies Motions to Dismiss in Two Shareholder Derivative Actions Challenging Timing of Stock Option Grants

Recent Federal Rulings Shift Toward Title VII Protection of Transsexual Employees

Section 13 SEC Reporting by Advisers and Brokers and Section 16 SEC Reporting by “Insiders” of Public Companies

SEC Allows Internet Delivery of Proxy Materials; Proposes Mandatory Internet Delivery of Proxy Material by 2009

Immigration News – February 2, 2007

Proxy Statements 2007: SEC Responds to Executive Compensation Disclosure Issues

Immigration News - January 25, 2007

China Matters: 2006 Review

SEC Once Again Amends Option Disclosure Requirements

Second Circuit Deals Blow to Plaintiffs in Securities Class Actions

China Matters: Hong Kong-Still a Leading International Dispute Resolution Venue

Immigration News - January 11, 2007

Friendlier Family Legislation for the UK

The Exchange-Traded Fund: A Time For Active Management? Bloomberg Law Reports: Fund Management. Vol. 2, No. 9, November, 2006.

SEC Proposes to Increase Accredited Investor Standards, to Adopt Rules Prohibiting Fraud by Investment Advisers and to Ease Deregistration Burdens for Private Issuers

Immigration News - December 27, 2006

Second Circuit Clarifies the Analysis and Standard Governing
Motions for Class Certification

SEC Resumes Its Review of Section 19(b) Applications

Department of Labor Opinion Letter Affords Welcome Relief to the Financial Services Industry

Immigration News - December 13, 2006

Supreme Court Hears Arguments Regarding the Obviousness of Inventions: The Battle Over the “Teaching-Suggestion-Motivation” Test

U.S. Court Ruling Invalidates Aspects of Presidential Authority to Designate Global Terrorists; Limited Corporate Impact Expected

Waiting for 'Twombly': The Supreme Court Will (Hopefully) Offer Guidance on Pleading §1 Antitrust Conspiracy. New York Law Journal. December 4, 2006

NASD and NYSE Announce Consolidation of Regulatory Operations

The Supreme Court Declines to Review Qwest on ''Selective Waiver''; Dilemma Prompts Attorney-Client Protection Bill

SEC Adopts New Rules Expanding Eligible Investments for Business Development Companies and Proposes Additional Rule Allowing Further Expansion

New San Francisco Law Mandates Paid Sick Leave for Illnesses of Employees and Family Members

Annual Form ADV Requirements for Investment Advisers

The Role of Electronic Media and the Use of the Internet Under Federal Securities Laws. The Review of Securities & Commodities Regulation. Vol 39, No. 16

FERC Provides for Elimination of Mandatory Purchase and Sale Obligations

Recent FCPA Enforcement Activities

New E-Discovery Rules: Is Your Company Prepared?

''The Role of the Investment Company Chief Compliance Officer'' Mutual Fund Regulation., Rel. #2, 11/06. Chapter 26B.

Securities and Exchange Commission Publishes Final Rules Amending the Tender Offer Best-Price Rules

2006 Mid-Term Elections Analysis: Impact on U.S.-Asia Trade

China Matters: Opportunities And Risks Under Chinas New Bankruptcy Regime

Amendments to Form 8-K Rules Effective as of November 7, 2006

AB 774 Effective January 1, 2007: Hospitals Must Have Written Charity Care and Discount Policies

China Matters: China to Scrutinize Current Account Forex Transactions

Second Circuit Defers to SEC in Determining How to Distribute Funds Under Sarbanes-Oxley

Tax Urgency for Backdated (or Misdated) Stock Options: 409A Penalties Absent Action in 2006

Choosing Your Turf: A Brief Overview of Venue in Patent Cases. By S. Christian Platt and James V. Fazio III. Intellectual Property Today. October 2006.

A New Year Ahead With New Priorities: The OIG Issues Its 2007 Work Plan

SEC Amends Mutual Fund Redemption Fee Rule: Extends Compliance Dates and Reduces Compliance Burden

Immigration News - October 4, 2006

Neither A Whitewash Nor A Witch-Hunt Be: Reclaiming The Independence Of Internal Investigations

Hospitality Report - Summer 2006

1 October 2006 – New UK Laws On Mandatory Retirement

Stock Option Grant Practices Under Scrutiny: The SEC Weighs In

China Matters: Opening the Door to Freer Trade with China

Responding to Recent Attacks on Releases

Parsing Reg FD: SEC Defeat in Regulation FD's First Litigated Case Should Prompt Reflection. Legal Times. November 21, 2005. Vol. XXVIII

Pro Bono News - Summer 2006

The Supreme People's Court Takes Steps to Bolster Arbitration in Mainland China

Paul Hastings Partner Helps Lead the Way in Diversifying Legal Profession

"Cutting-Edge Labor and Employment Practitioners." Diversity & The Bar. By Lloyd M. Johnson, Jr. January/February 2006

Department of Energy Announces $2 Billion Loan Guarantee Program for Projects Employing Innovative Technologies

Try This Job on for Size

Immigration News - August 22, 2006

Pension Protection Act of 2006: Miscellaneous Highlights

China Matters: The 'Equity Swap' - China's New Landscape for Mergers and Acquisitions and Overseas IPOs

Immigration News - August 15, 2006

The Seventh Circuit Reverses the Disastrous IBM Cash Balance Plan Ruling

SEC Will Not Appeal Hedge Fund Ruling

New Pension Law Significantly Modifies ERISA’s Fiduciary Responsibility Provisions

New Pension Law Rules on Providing Investment Advice to 401(K) Plan Participants

SEC Chairman Seeks Emergency Rules for Hedge Funds

SEC Approves NASD Advertising Rule Proposals Requiring Disclosure of Fund Expenses

Immigration News - July 31, 2006

SEC Issues Final Soft Dollar Guidance

California Court of Appeal Decision Further Limits Ability of Plaintiffs to Maintain a Claim and Certify a Class Action Under Unfair Competition Law

Borrower's Inaccuracy or Intentional Fraud in its Financial Reporting May Not Allow for Retroactive Accounting and Recovery of Interest

Amendment to the Law Concerning the Stabilization of Employment of the Aged

Japan REITs To Go International

11th Circuit Limits ADEA Release Disclosures to Decisional Unit

Immigration News - July 14, 2006

China Matters: New Rules Restrict Offshore Structures For Investment in China Real Estate

Hong Kong and Mainland China Take Steps Towards Arrangement On Reciprocal Enforcement of Judgments

FERC Proposes Reforms For Market-Based Rate Authority

Clean Water Act Still Murky: High Court Fails to Provide Clear Guidance on Wetlands

China Matters: China Plans Widespread Protections for Employees

Employer Conduct Other Than ''Adverse Employment Actions'' Can Lead To A Retaliation Claim, Supreme Court Holds

SEC Issues Final ''Fund of Funds'' Rules

Court Overturns SEC's Hedge Fund Manager Registration Rule

Immigration News - June 29, 2006

Recent Class Action Lawsuits Allege Improper Charges by Hospitals for Inspection and Copying of Patients' Records For Their Attorneys

Recent Landmark Decisions in Relation to the UK's Contaminated Land Regime

Deepening Insolvency: A Separate Actionable Tort?

ERISA Update: Retirement and Health Plans

Immigration News - June 15, 2006

Walking the Compensation Tightrope: OFCCP Issues Final Pay Equity Guidance

Stock Option Issues Lead to SEC Investigation, Restatements and Litigation

HR 4297 Update: RICs and REITs Under FIRPTA and Notice of FIRPTA Treasury Regulations

Proposed Changes to Electricity Open Access Rules Aim to Increase Transparency and Accountability of Transmission Providers While Preserving Fundamental Tenets of Order Nos. 888 and 889

Immigration News - June 1, 2006

HR 4297 Update: Some Provisions of Interest to Individual Tax Payers

HR 4297 Update: Modification of Exclusion for U.S. Citizens and Residents Living Abroad

Immigration News - May 26, 2006

New Guidance for Injunctions in Patent Cases

HR 4297 Update: Musical Works

Immigration News - May 22, 2006

FinCEN Final Rule Requiring Mutual Funds to Report Suspicious Activity

Congress to Providers: Clean Up Your Compliance Plan or Risk Your Medicaid Funding

An Open Letter from the OIG: Self-disclosure Promises and Pitfalls

FAQs Round Two: OFCCP Elaborates on Its Internet Applicant Regulations

China Matters: Accessing China’s Fast-Growing Energy Markets

Energy Update: News and Strategies from Paul Hastings' Energy Team

The Class Action Fairness Act Spring 2006 Update

Immigration News - April 21, 2006

FCC Amends its Junk Fax Rules to Address Established Business Relationships

China Matters: Paving the Way for Onshore Acquisitions of State-owned Assets

Court Weighs Whether Mergers Wipe Out Derivative Actions. By John A. Reding, Edward Han and Sean D. Unger. Daily Journal. April 6, 2006.

The Supreme Court Rejects Attempt To Assert State Law Holder Class Actions

Service Provision Changes and New TUPE

Lenders Beware! New Surcharge on Underfunded Pension Plan Terminations May Sink Distressed CompaniesAnd Your Money

Recent Court Decision Finds that the California LLC Fee Is Unconstitutional