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FINRA Enforcement: New Direction for the Regulator

With new leadership at the helm of the Financial Industry Regulatory Authority (FINRA), the broker-dealer industry’s primary self-regulator, and the FINRA Enforcement Department, there is an opportunity for real and...more

Fifth Circuit Vacates Controversial DOL Fiduciary Rule

On March 15, the U.S. Court of Appeals for the Fifth Circuit issued a decision vacating the Department of Labor’s Fiduciary Rule, the controversial measure requiring brokers and other financial professionals to adopt a “best...more

FINRA Proposes Transformative Rule on Outside Business Activities

On Feb. 26, the Financial Industry Regulatory Authority issued Regulatory Notice 18-08 seeking comment on a proposed new rule to address outside business activities of registered persons. The proposal, a result of FINRA’s...more

Your Credit Card Number’s Been Stolen. Have You Been Injured? Courts’ Answers Continue to Vary

Seemingly not a day goes by without news of another major data breach. In the past few weeks, Yahoo! announced that at least 500 million of its user accounts were stolen in 2014, hot on the heels of Dropbox’s announcement...more

A Storm Brews: Retailers Push Back Against Payment Card Industry Data Security Standards

As businesses and financial institutions grapple with data security in the wake of high profile breaches, tensions between retailers and the credit card industry over the creation and implementation of security standards...more

California Supreme Court Clarifies When Employers Must Provide Employees With Seats

On April 4, 2016, the California Supreme Court issued an opinion with important implications for all California employers. For the first time, the court interpreted the meaning of wage orders promulgated by California’s...more

Fourth Circuit Joins Courts in Pennsylvania and Ohio in Holding that Dual Purpose Oil and Gas Lease Is Not Severable

As we have often reported, landowners’ efforts to evade the plain terms of “dual purpose” leases, providing for both production and natural gas storage, have almost universally failed. Most recently, on December 28, 2015, the...more

Bon-Ton Settlement Demonstrates Importance of Company Domestic Violence Policies

On November 19, 2015 the New York State Attorney General announced a settlement agreement with The Bon-Ton Stores, Inc., following allegations by an employee of one of its stores that the company had discriminated against her...more

Vizio and Google Data Privacy Class Actions Illustrate Risks of Data Collection – And Defensive Value of Robust Disclosures

Two recent developments in data privacy litigation highlight the continuing challenges to companies that collect internet usage information without clearly disclosing the manner and method in which they are doing so to users....more

Deceptive Pricing Class Actions Against Major Retailers on the Rise

Major retailers recently have faced a spate of class-action complaints alleging that they have engaged in misrepresentations and false advertising through the deceptive use of a marketing strategy known as “price anchoring,”...more

Pennsylvania Superior Court: Separate Consideration for Operated and Unoperated Acres Does Not Render an Oil and Gas Lease...

The recent boom in natural gas production in the Appalachian Basin has led to a concomitant boom in litigation, as landowners who are lessors in long-standing oil and gas leases seek declarations that the leases are no longer...more

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