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 ...
Read More »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. ...
Read More »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, ...
Read More »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 ...
Read More »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 ...
Read More »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 ...
Read More »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 ...
Read More »Department of Labor’s new guidance on unpaid internships provides more flexibility for employers
Just about everyone is familiar with the image of the unpaid intern as the lowly office gofer sent to fetch coffee and do other menial tasks in exchange for nothing more than “experience.” However, when done well, internships give students ...
Read More »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, ...
Read More »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, ...
Read More »