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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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Massachusetts case against Equifax survives motion to dismiss

On April 2, 2018, the Superior Court of Suffolk County, Massachusetts denied Equifax, Inc.’s motion to dismiss the Commonwealth’s case against it related to the company’s widely publicized 2017 data breach.  Although the ruling does not determine who will ultimately ...

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Seyfarth’s trends and developments in pay equity litigation report

Seyfarth Synopsis: Seyfarth’s Pay Equity Group is pleased to release two reference guides: the 2018 Trends and Developments in Pay Equity Litigation Report and the 2nd Annual 50-State Pay Equity Desktop Reference. Yesterday, April 10, 2018, was Equal Pay Day.  While there are ...

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Fifth Circuit vacates DOL conflict of interest fiduciary rule

The Fifth Circuit vacated the Department of Labor’s long-suffering conflict of interest rule (commonly referred to as the “fiduciary rule”), holding that the rule exceeds the scope of DOL’s regulatory authority.  The decision means that the expanded definition of fiduciary, ...

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Avoiding Early § 101 Dismissal with Factual Disputes

Since the Supreme Court’s decision inAlice Corp. v. CLS Bank in 2014, there has been an increasing trend in district courts granting pretrial dispositive motions to effect early dismissal of patent infringement cases under 35 U.S.C. § 101. Last month, however, ...

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Defending False Claims Act cases: Two new tools under the Trump Administration

Earlier this year, the Department of Justice, Civil Division, issued two policy memos that will directly affect its civil enforcement priorities, particularly with regard to healthcare and life sciences companies. The first memo, issued January 10, 2018, and publicly leaked ...

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House passes bill to lessen financial institutions’ capital requirements

On February 27, 2018, the U.S. House of Representatives passed H.R. 4296, which would reduce the operational capital requirements imposed on financial institutions.  The bill passed with a 245-169 vote.  As could be expected from such deregulatory legislation, only 19 ...

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