FINRA Targeting Rogue Brokers
- Feb 24 2017
Last month this blog wrote about the Securities and Exchange Commission’s list of exam priorities for 2017 here. Included in that list was a focus on registered representatives and employers …
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Attention Small Businesses: If You Don’t Have A Whistleblower Policy, You Should
- Feb 24 2017
Like their larger siblings, small businesses that do business with the government, e.g., healthcare providers who receive reimbursement from Medicare or Medicaid, government contractors or subcontractors, and nonprofit companies that …
When a Term Sheet is Not an Enforceable Contract
- Feb 22 2017
Last month, this Blog wrote about McGowan v. Clarion Partners, LLC, a decision involving the enforceability of a transaction term sheet. In McGowan, Justice Scarpulla of the New York County, …
President Trump Issues Directive to Roll Back Dodd-Frank Act
- Feb 20 2017
On the same day that he signed a directive ordering a review of the Labor Department’s fiduciary rule (discussed here), President Trump signed an executive order directing the Treasury Secretary …
Non-Managing Members Of An Llc Do Not Owe A Fiduciary Duty To The Llc And The Other Llc Members
- Feb 17 2017
In this Blog’s last entry, we discussed the advantages and disadvantages of forming a limited liability company (“LLC”). Today’s entry discusses whether non-managing members of a manager-managed LLC owe fiduciary …
To Form An Llc, Or Not To Form An Llc; That Is The Question
- Feb 15 2017
New business owners have many decisions to make when they start a business. Many of these decisions will impact the business for years to come. Among them is the correct …
Whistleblower Programs Target Market Manipulation
- Feb 13 2017
In February, the Royal Bank of Scotland was hit with a $85 million civil penalty by the U.S. Commodity Futures Trading Commission (“CFTC”) in connection with the bank’s attempted manipulation …
Texas Medical Center Escapes Nurse’s Fca Retaliation Lawsuit
- Feb 10 2017
The Anti-Retaliation Provisions of The False Claims Act: The decision to blow the whistle is not an easy one to make, especially when the person blowing the whistle does so …
Court Issues Injunction Enforcing A Covenant Not To Compete In Connection With The Sale Of A Business
- Feb 8 2017
The enforceability of a covenant not to compete is an issue that commercial and business lawyers often consider in their practice. Sometimes, the issue arises when an employee leaves a …
President Trump Issues Executive Memorandum Directing The Department Of Labor To Delay The Implementation Of The Fiduciary Rule
- Feb 6 2017
Last month, this Blog wrote about the uncertainty surrounding implementation of the Department of Labor’s (“DOL”) fiduciary rule. On February 3, 2017, that uncertainty was reinforced with the issuance by …
