Client Alerts from Cooley LLPhttp://www.cooley.comThe Federal Trade Commission has now published its notice of adjustments to the Hart-Scott-Rodino thresholds in the Federal Register, with the revised thresholds to go into effect on February 27, 2012. The thresholds, which impact both triggers for filing requirements and filing fee tiers are adjust...http://www.cooley.com/showalert.aspx?Show=66074Fri, 27 Jan 2012 00:00:00 GMT The Supreme Court of India has ruled in favor of the taxpayer in the high-profile "Vodafone" case, holding that Vodafone is not liable to pay billions of dollars in Indian tax it did not withhold in connection with its indirect acquisition of an Indian company. Under Indian law, a purchaser is requ...http://www.cooley.com/showalert.aspx?Show=66067Thu, 26 Jan 2012 00:00:00 GMT On January 24, 2012, the Federal Trade Commission announced its annual modifications to the Hart-Scott-Rodino (HSR) Act thresholds. The thresholds, which impact both triggers for filing requirements and filing fee tiers, are adjusted annually for changes in GNP. They are expected to be published in...http://www.cooley.com/showalert.aspx?Show=66062Tue, 24 Jan 2012 00:00:00 GMT On December 19, 2011, the Centers for Medicare and Medicaid ("CMS") published a proposed rule implementing the "sunshine provisions" in Section 6002 of the Patient Protection and Affordable Care Act ("PPACA"). These provisions require (i) applicable manufacturers to report annually to CMS certain p...http://www.cooley.com/showalert.aspx?Show=66048Fri, 20 Jan 2012 00:00:00 GMT Among other things, 2012 will be the year of the Department of Health and Human Services ("HHS") Office of Civil Rights ("OCR") pilot audit program to assess compliance with the Health Insurance Portability and Accountability Act ("HIPAA") Privacy and Security Rules and Breach Notification standard...http://www.cooley.com/showalert.aspx?Show=66038Wed, 18 Jan 2012 00:00:00 GMT This Alert serves as a reminder of certain year-end reporting requirements imposed under Section 6039 of the Internal Revenue Code of 1986, as amended, with respect to incentive stock option exercises and transfers of stock acquired under employee stock purchase plans occurring during 2011. For inc...http://www.cooley.com/showalert.aspx?Show=66028Fri, 13 Jan 2012 00:00:00 GMT On January 3, 2012, the National Labor Relations Board (the "NLRB" or the "Board") issued its decision in D.R. Horton and Michael Cuda, finding that notwithstanding the Federal Arbitration Act (the "FAA") and AT&T Mobility v. Concepcion (the United States Supreme Court's April 27, 2011 opi...http://www.cooley.com/showalert.aspx?Show=66030Fri, 13 Jan 2012 00:00:00 GMT The text of a proposed new EU-wide regulation on data protection was made available in December 2011 in advance of formal publication this month.1 The Explanatory Memorandum attached to the proposed General Data Protection Regulation (the "Proposed Regulation") states that it is the result of exten...http://www.cooley.com/showalert.aspx?Show=66023Thu, 12 Jan 2012 00:00:00 GMT As data volumes in discovery increase and the cost of handling electronic evidence rises, there may be a silver lining developing: some courts have awarded costs to prevailing parties related to e-discovery. While opinions are fact-driven and vary by jurisdiction, e-discovery-related costs may be r...http://www.cooley.com/showalert.aspx?Show=66025Thu, 12 Jan 2012 00:00:00 GMTAs we reported in our January 4, 2012 Alert, the California Labor Commissioner recently published a template form to comply with the Wage Theft Prevention Act of 2011 ("WTPA") (AB 469). In connection with the publication of the template, the California Division of Labor Standards Enforcement ("DLSE...http://www.cooley.com/showalert.aspx?Show=65987Mon, 09 Jan 2012 00:00:00 GMT As we reported in our October 24, 2011 Alert, on October 9, 2011, California Governor Jerry Brown signed into law the Wage Theft Prevention Act of 2011 (AB 469). This law adds a new section to the California Labor Code (Section 2810.5) that requires employers to provide all newly hired non-exempt C...http://www.cooley.com/showalert.aspx?Show=65978Wed, 04 Jan 2012 00:00:00 GMT After months of deliberation and comment, the National Labor Relations Board (the "NLRB" or the "Board") has adopted a final rule amending its election case procedures. The amendments were drawn from a more comprehensive (and controversial) proposal put forward by the NLRB in June. The new rule wil...http://www.cooley.com/showalert.aspx?Show=65970Wed, 28 Dec 2011 00:00:00 GMTThe Hart-Scott-Rodino (HSR) Act requires individuals, as well as companies, to disclose acquisitions that exceed specified thresholds to the Federal Trade Commission (FTC) and Department of Justice (DOJ). Failure to comply can result in civil fines of up to $16,000 per day. The HSR Act is highly ...http://www.cooley.com/showalert.aspx?Show=65963Thu, 22 Dec 2011 00:00:00 GMTEmployers should review compensation rates for both exempt and nonexempt employees, to ensure compliance with current legal thresholds. Set forth below are rates at the federal level, and for the states and localities that exceed federal levels for the most common job categories.The following minimu...http://www.cooley.com/showalert.aspx?Show=65957Wed, 21 Dec 2011 00:00:00 GMTThe U.S. Department of Justice (DOJ) and Federal Trade Commission (FTC) regularly review proposed mergers and acquisitions. They typically resolve competition concerns through negotiated consent decrees, instead of suing to block transactions. As a result, the court decision in the government's rece...http://www.cooley.com/showalert.aspx?Show=65839Mon, 05 Dec 2011 00:00:00 GMT On November 15, 2011, the Securities and Exchange Commission ("SEC") announced that the former CEO of CSK Auto Corporation ("CSK") agreed to return $2.8 million in compensation to the company, pursuant to a settlement with the SEC. The SEC sued the former CEO in 2009 seeking an order compelling him...http://www.cooley.com/showalert.aspx?Show=65784Thu, 17 Nov 2011 00:00:00 GMT Adjusted Limits The Internal Revenue Service has announced the 2012 limits that affect the operation of tax-qualified retirement plans, including 401(k) plans, and certain other types of employee benefit plans, including deferred compensation plans that may be subject to Internal Revenue Code &#167...http://www.cooley.com/showalert.aspx?Show=65717Tue, 01 Nov 2011 00:00:00 GMT On October 6, 2011, The Honorable Marsha J. Pechman issued an opinion in In re Coinstar Securities Litigation, Case No. C11-133 MJP (W.D. Washington Oct. 6, 2011) that serves as a stark warning to public companies not to forget to verbalize safe harbor warnings at the beginning of any oral presenta...http://www.cooley.com/showalert.aspx?Show=65685Mon, 24 Oct 2011 00:00:00 GMT On October 9, 2011, California Governor Jerry Brown signed into law a series of bills impacting the landscape of California employment law. Employers will want to take note of these new laws, which may require revision of existing employment policies and practices. Except where indicated, the new l...http://www.cooley.com/showalert.aspx?Show=65692Mon, 24 Oct 2011 00:00:00 GMT Two recent cases, one a Federal Trade Commission ("FTC") matter and the other a civil class action, highlight the increased risks faced by companies engaging in text messaging campaigns. The FTC recently entered into a stipulated permanent injunction in its first enforcement action against an alleg...http://www.cooley.com/showalert.aspx?Show=65657Tue, 18 Oct 2011 00:00:00 GMT