Stock Issuer Not Required to Disclose Hiring of Outside Promoters
Posted on Dec 20, 2016 in Securities | Comments Off on Stock Issuer Not Required to Disclose Hiring of Outside Promoters
In the first published appellate court decision to decide the issue, the Eleventh Circuit has held that companies that retain promoters to publish promotional materials to “recommend” or “tout” their stock (and raise the stock price) are not required by federal securities laws to disclose the business arrangement between the issuing company and promoter. In Ballesteros v. Galectin...
Common-Law Agency Principles, Not DOL Regulations, Dictate Whether Company Is a Joint “Employer”
Posted on Dec 20, 2016 in Administrative Law, Employment Law and Employee Benefits | Comments Off on Common-Law Agency Principles, Not DOL Regulations, Dictate Whether Company Is a Joint “Employer”
The Eleventh Circuit considered the meaning of “employer” in the context of the H-2A visa program and declined to apply Chevron deference to a then-prevailing Department of Labor interpretation. The court instead applied common-law agency principles. Garcia-Celestino v. Consolidated Citrus Limited Partnership, 2016 WL 7240150 (Dec. 15, 2016), involved claims brought by a group of...
District Court Improperly Excluded Co-Worker’s Affidavit in Granting Summary Judgment to Employer on Sex Discrimination Claim
Posted on Dec 19, 2016 in Employment Law and Employee Benefits | Comments Off on District Court Improperly Excluded Co-Worker’s Affidavit in Granting Summary Judgment to Employer on Sex Discrimination Claim
In a published opinion in Furcron v. Mail Centers Plus, LLC, 2016 WL 7321211 (Dec. 16, 2016), the Eleventh Circuit reversed the district court’s grant of summary judgment to the defendant on the plaintiff’s sex discrimination claim and affirmed the district court’s grant of summary judgment to the defendant on the plaintiff’s retaliation claim. On the sex discrimination claim, the...
Revised Opinion Issued After EEOC Seeks En Banc Review of “Dreadlocks” Decision
Posted on Dec 16, 2016 in Employment Law and Employee Benefits | Comments Off on Revised Opinion Issued After EEOC Seeks En Banc Review of “Dreadlocks” Decision
As we reported here, the Eleventh Circuit rejected a claim for intentional racial discrimination against an employer that had banned “dreadlocks” from the workplace in EEOC v. Catastrophe Management Solutions, 837 F.3d 1156 (11th Cir. Sept. 15, 2016). Apparently dissatisfied with that result, the Equal Employment Opportunity Commission filed a petition for rehearing en banc at the end...
Forum Selection Clause in Resort’s Registration Form Is Enforceable
Posted on Dec 14, 2016 in Civil Procedure | Comments Off on Forum Selection Clause in Resort’s Registration Form Is Enforceable
The Eleventh Circuit upheld the dismissal of a personal injury complaint, finding a forum selection clause naming the Bahamas as the forum for any litigation between plaintiffs and defendants was valid and enforceable. In Feggestad v. Kerzner International Bahamas Ltd., No. 15-11773, 2016 WL 7210067 (11th Cir. Dec. 13, 2016), plaintiffs brought suit after a slip and fall at the...