Nevada Law Requires Fiduciary Standards For Brokers
- Jun 30 2017
As noted in a prior Blog post (here), the Labor Department’s fiduciary rule, at least the first phase of the rule, has gone into effect, though its future remains uncertain. …
Posts From June, 2017
Update: U.S. Ex Rel. Able V. U.S. Bank: The Supreme Court Denies Petition For Writ Of Certiorari In Public Disclosure Case
- Jun 29 2017
Last year, this Blog wrote about a qui tam action that was dismissed by the Sixth Circuit because of the application of the public disclosure bar (here). In United States …
President Signs VA Whistleblower Law
- Jun 27 2017
On June 23, 2017, President Trump signed legislation that is intended to protect whistleblowers who report problems at the Department of Veterans Affairs (“VA”), and improve employee accountability for misbehavior …
Heightened Pleading Standard For Tortious Interference With Contract Too Difficult to Overcome For Aggrieved Company
- Jun 21 2017
Since the early 1900s, tortious interference with contractual relations has been a viable cause of action in New York. E.g., S.C. Posner Co. v. Jackson, 223 N.Y. 325, 332 (1918); …
35 Second Excerpt From Jazz Album Found To Be Fair Use By Rapper
- Jun 19 2017
Jimmy Smith is widely considered to have been one of the most influential and accomplished jazz musicians of his time, if not in jazz history. Smith, who died in 2005, …
Email Correspondence Concerning The Sale Of Real Estate Not Enough To Satisfy The Statute Of Frauds
- Jun 16 2017
The New York Statute of Frauds provides that “[a] contract for the . . . the sale, of any real property, or an interest therein, is void unless the contract …
eClinicalWorks Settles False Claims Act Allegations for $155 Million
- Jun 13 2017
The Department of Justice recently announced a settlement with eClinicalWorks (“ECW” or the “Company”) related to alleged False Claims Act violations. The Massachusetts-based company, one of the largest electronic health …
The Choice Act 2.0 Easily Passes The House In The First Step To Roll Back Core Regulations Under The Dodd-Frank Act
- Jun 9 2017
Yesterday, the House of Representatives voted along party lines to repeal many of the regulations enacted after the 2008 financial crisis under the Dodd-Frank Wall Street Reform and Consumer Protection …
U.S. Supreme Court Holds That Disgorgement Claims Must Be Commenced Within Five Years Of The Date The Claim Accrued
- Jun 7 2017
On June 5, 2017, the U.S. Supreme Court held that claims for disgorgement imposed as a sanction for violation of the federal securities laws must be commenced within five years …
Update: The Fiduciary Rule Will Go Into Effect Though Without Enforcement By The Department Of Labor (“Dol”)
- Jun 5 2017
The Fiduciary Rule (the “Rule”) is designed to protect investors receiving investment advice about qualified retirement plans and individual retirement accounts (“IRAs”) by requiring all registered brokers, financial advisers, and …
