Employers: Revise Your Confidentiality Agreements and Releases

By Frank N. Gaeta on December 1, 2016

In light of the federal Defend Trade Secrets Act of 2016 (“DTSA”), along with recent decisions and other guidance from various federal agencies, companies should carve out exceptions from their confidentiality agreements and any agreements containing a release of claims (such as employment separation agreements). The exceptions are generally intended to allow employees to engage in protected “whistleblower” activity.

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DPU Sets Interim Guidelines for Investigations Regarding Competitive Energy Suppliers

By Atakelti Desta and Eric J. Krathwohl on November 29, 2016

Massachusetts has allowed customers to choose among retail suppliers of electricity for about two decades. Until recently, however, retail choice was a reality only for larger commercial and industrial customers. In the past couple years, residential customers have begun to enjoy the fruits of retail choice. Such fruit however sometimes includes a bad apple. Massachusetts, along with neighboring states has initiated proceedings to review complaints against competitive energy suppliers and has imposed fines in certain cases. Recently, the Massachusetts Department of Public Utilities (the “DPU”) proposed Interim Guidelines that establish clear enforcement procedures to be applied in such reviews, with the intent that they eventually be codified in final regulations applicable to competitive suppliers of both electricity and natural gas.

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Alert - Overtime Rules Halted By Federal Court

By J. Allen Holland, Frank N. Gaeta and Atakelti Desta on November 28, 2016

Alterations to overtime exemption regulations have been placed on hold.

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Employer Alert - USCIS Issues a Revised Form 1-9

By James T. Finnigan on November 17, 2016

Federal law requires that every employer who hires an individual for employment in the U.S. must complete a Form I-9 entitled Employment Eligibility Verification.

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Capital Acquisition Broker Regulation- A Solution to the Finder Issue?

By Scott A. Stokes, Thomas H. Bilodeau, III and James B. Heffernan on November 16, 2016

On August 18, 2016, the Securities and Exchange Commission (“SEC”) adopted FINRA’s proposal establishing this new category of intermediaries who may receive payment based on a percentage of the transaction proceeds in connection with assisting a company in a private placement or with the evaluation of securities. The new CAB registration process should help clarify the long standing uncertainty about the legality of so called “finder” activities performed without registration as a broker-dealer.

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