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America’s Test Kitchen faces abuse of process claim

America’s Test Kitchen (ATK) commenced suit against Christopher Kimball, who used to work for ATK. The lawsuit arises from Kimball’s development of a competing business. ATK also sued William Thorndike, Jr. According to ATK, Thorndike misappropriated confidential information and aided ...

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Reviewing the court’s ruling on worker class action

Arbitration agreements in employment often require employees to agree to waive their ability to bring class action or collective litigation.  In its place, the employee agrees to participate in arbitration proceedings involving just the employee’s dispute.  The enforceability of these ...

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NLRB General Counsel adopts less restrictive policy on employee handbook rules

On June 6, 2018, the National Labor Relations Board’s (NLRB) General Counsel issued a guidance on the agency’s new position on employee handbook rules. Reflecting recent changes in Board law, the guidance issued by NLRB General Counsel Peter Robb indicates that his ...

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Socially responsible investing and the plan fiduciary

In the wake of mass shootings, environmental disasters, industrial accidents, drug and tobacco use pandemics, and other tragedies, retirement plan investors are paying more attention to selecting or rejecting investments based on perceived public policy benefits or detriment.  For example, ...

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OCIE issues risk alert on compliance issues for advisory fees and expenses practices

The Securities and Exchange Commission’s Office of Compliance Inspections and Examinations (OCIE) recently released a Risk Alert summarizing the most frequent compliance issues relating to fees and expenses from over 1,500 deficiency letters sent to registered investment advisers during the ...

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Third Circuit holds discovery rule does not apply to FDCPA limitations period

On May 15, 2018, the United States Court of Appeals for the Third Circuit issued an important decision regarding the statute of limitations under the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. § 1692, et seq.  In Rotkiske v. Klemm, No. 16-1668 (3d Cir. ...

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Socially responsible investing and the plan fiduciary

In the wake of mass shootings, environmental disasters, industrial accidents, drug and tobacco use pandemics, and other tragedies, retirement plan investors are paying more attention to selecting or rejecting investments based on perceived public policy benefits or detriment.  For example, ...

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The Pregnant Workers Fairness Act is in effect: is your company in compliance?

The Massachusetts Pregnant Workers Fairness Act (“PWFA”) went into effect on April 1, 2018.  The purpose of the law is to provide greater workplace protections to pregnant women and nursing mothers.  The legislation prohibits employers from discriminating against employees because ...

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Eighth Circuit upholds National Labor Relations Act’s union “salting” protections

On February 21, 2018, the Eighth Circuit Court of Appeals issued new guidance regarding when and how the National Labor Relations Act (“NLRA”) protects union “salting” campaigns.  A “salting” campaign involves union members, known as “salts,” who seek to secure ...

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