Spencer Fane LLP Logo

Publications

Your publication search results are below.  Please click the title link to read the full content of the item.

Repricing Underwater Stock Options

When the value of a company’s equity has declined since the issuance of stock options, causing the options to be considered underwater, and the options no longer provide the intended incentive, companies often consider repricing the options. Repricing may be an effective way to reinvigorate the intended incentive, but companies considering this strategy should be aware of the complex technical considerations involved in repricing.

DAG Lisa Monaco Announces Additional Corporate Enforcement Priorities

In October 2021, Deputy Attorney General (DAG) Lisa Monaco announced new policies that addressed the Department of Justice’s (DOJ) corporate criminal enforcement efforts. The revised policies presented a tougher DOJ approach to white collar and corporate crime, placing more weight on a corporation’s criminal history and its disclosure of persons involved in criminal conduct, and announcing the use of monitorships to ensure corporate compliance. This guidance from Main Justice encouraged FBI investigators and U.S. Attorneys to step up prosecution efforts on individual corporate actors, including those in the c-suite.

Resurgence in Criminal Prosecutions for OSHA Workplace Safety Violations

A series of recent criminal prosecutions stemming from workplace fatalities in connection with OSHA’s worker safety laws underscore the Justice Department’s willingness to charge OSH Act crimes, even in the absence of other Title 18 offenses or other criminal charges.

Landmark $1.2M Sephora Settlement Highlights the Importance of CCPA Compliance

The Attorney General (AG) for California just settled a California Consumer Privacy Act (CCPA) enforcement case against Sephora for $1.2 million. While Sephora denies liability in the settlement, the outcome of this settlement should send shivers down most companies’ spines who may engage in some of the same conduct that landed Sephora in trouble. Read below for some of the major takeaways from this landmark decision.

Don’t Miss This One: Missouri House Bill 1662

Have you heard of Missouri House Bill 1662 (H.B. 1662)?

Former Prosecutor Explains Review Process Into Deadly KCFD Crash in Westport

Spencer Fane attorney Dan Nelson recently spoke with KSHB investigator and reporter Cameron Taylor about the steps Jackson County prosecutors may be taking as they review the deadly Kansas City, Missouri, firetruck crash from December 2021.

Colorado’s Air Permitting Program Targeted From Multiple Fronts: Ozone Concerns Drive This Train

First came the whistleblowers’ letter from Colorado state agency staff to the Environmental Protection Agency’s (EPA) Office of the Inspector General (OIG). The EPA’s OIG referred the matter to EPA’s Region 8 office for review. Then came the Troutman Report requisitioned by the Colorado Attorney General.

IRS Extends Plan Amendment Deadlines for CARES Act, Miners Act and SECURE Act Provisions

The IRS issued Notice 2022-33, extending plan amendment deadlines for up to three years with respect to certain provisions of the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), the Bipartisan American Miners Act of 2019 (the Miners Act), and the Setting Every Community Up for Retirement Enhancement Act of 2019 (SECURE Act).

Major Changes in Colorado Non-Compete/Non-Solicitation Law Set To Become Effective on August 10, 2022

On August 10, 2022, major changes in Colorado law go into effect for restrictive employment covenants, i.e., covenants not to compete (non-competition covenants) and covenants not to solicit customers of an employee’s former employer (non-solicitation covenants). For many years, Colorado has limited non-competition covenants by statute, Colorado Revised Statutes §8-2-113, which prohibits non-competition covenants with specified exceptions, including when they are part of a contract for sale of a business. The most frequent and heavily litigated exception in the old law permitted an employer to require non-competition covenants for executive and management personnel, and for officers and employees who constitute professional staff to such personnel. Courts and parties frequently wrestled with the question whether an employee had been an “executive” or “management” personnel of the former employer.

U.S. Senate Approves $369 Billion to Address Climate Change

The compromise – the Inflation Reduction Act of 2022 – was announced on July 27, 2022, by Senate Majority Leader Chuck Schumer (D-New York) and Sen. Joe Manchin (D-West Virginia), and by a 51:50 party-line vote survived the August 6-7 “vote-a-rama” gauntlet in the full Senate. Calling it the “single biggest climate investment in U.S. history,” with a goal of reducing carbon emissions in the U.S. by up to 40% by 2030, the legislative summary says the bill will:

1 2 3 71 Showing 1-10 of 710 results View All