Last Lap in SEC RILA Rulemaking Critical Unresolved Issues -
Congress directed the SEC to adopt a new registration statement for registered indexed annuities (RILAs) by the end of June. Several months ago, the SEC...more
5/29/2024
/ Artificial Intelligence ,
Broker-Dealer ,
CFTC ,
Climate Change ,
Cybersecurity ,
Disability Discrimination ,
Disclosure Requirements ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Investment Adviser ,
Investment Management ,
Life Insurance ,
NAIC ,
NLRB ,
Private Equity ,
Private Funds ,
Private Placements ,
Proposed Legislation ,
Retirement Plan ,
Securities and Exchange Commission (SEC) ,
Settlement Agreements ,
Whistleblower Protection Policies ,
Whistleblowers
The SEC has opened a new track in the whistleblower litigation derby. While SEC enforcement actions concerning whistleblower violations are nothing new, they typically involve claims that companies precluded employees from...more
The U.S. District Court for the Eastern District of Texas has issued an aggressive scheduling order that “should allow prompt resolution of” one of the initial challenges to the FTC’s noncompete ban “with sufficient time,...more
5/3/2024
/ Administrative Procedure Act ,
Competition ,
Contract Terms ,
Corporate Counsel ,
Employees ,
Employer Liability Issues ,
Employment Contract ,
Federal Labor Laws ,
Federal Trade Commission (FTC) ,
Final Rules ,
Hiring & Firing ,
Injunctive Relief ,
Intellectual Property Protection ,
Labor Reform ,
NLRA ,
NLRB ,
Non-Compete Agreements
Regulators Hit Jackpot: Off-Channel Communications -
Several years before announcing the first “off-channel” communications enforcement action, the SEC and FINRA cautioned broker-dealers and investment advisers about...more
10/11/2023
/ Annuities ,
Artificial Intelligence ,
Best Interest Standard ,
Breach of Contract ,
Class Action ,
COBRA ,
Consumer Financial Products ,
Consumer Insurance Products ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Employment Litigation ,
Federal Arbitration Act ,
Financial Contracts ,
Financial Industry Regulatory Authority (FINRA) ,
Financial Services Industry ,
Health Insurance ,
Insider Trading ,
Insurance Fraud ,
Insurance Litigation ,
Insurance Regulations ,
Interlocutory Appeals ,
Investment Management ,
Life Insurance ,
Money Market Funds ,
Mutual Funds ,
NAIC ,
NLRA ,
NLRB ,
No-Action Letters ,
Non-Compete Agreements ,
NYDFS ,
Regulatory Requirements ,
Retirement ,
Robocalling ,
Securities and Exchange Commission (SEC) ,
Securities Fraud ,
State and Local Government ,
Wage and Hour
The National Labor Relations Board has made a series of employee-friendly moves over the past few months that have significant adverse implications for employers, including those in the insurance and securities industries....more
10/9/2023
/ Confidentiality Agreements ,
Employee Handbooks ,
Employees ,
Employment Litigation ,
Insurance Industry ,
NLRA ,
NLRB ,
Non-Compete Agreements ,
Non-Disparagement Provisions ,
Severance Agreements ,
Wage and Hour
On August 2, 2023, in Stericyle Inc., the National Labor Relations Board abandoned the framework it had been using since 2017 to evaluate the legality of workplace rules, like those in employee handbooks. In its place, the...more
On May 30, 2023, the National Labor Relations Board’s general counsel, Jennifer Abruzzo, issued an enforcement memorandum asserting that most noncompete provisions in employment contracts and severance agreements violate the...more
On February 21, 2023, in McLaren Macomb, No. 07–CA–263041, the National Labor Relations Board held that confidentiality and nondisparagement provisions are prohibited in severance agreements where they purport to limit an...more
2/23/2023
/ Administrative Law Judge (ALJ) ,
Confidentiality Agreements ,
Employee Rights ,
Employees ,
Employer Responsibilities ,
Employment Contract ,
Employment Litigation ,
Federal Labor Laws ,
Hiring & Firing ,
New Rules ,
NLRA ,
NLRB ,
Section 8 ,
Severance Agreements ,
Unfair Labor Practices
The Supreme Court granted petitions for certiorari in three lawsuits challenging the legality of arbitration agreements that bar workers from pursuing class actions. The Court consolidated the cases, Murphy Oil USA Inc., Epic...more
2/14/2017
/ Arbitration ,
Arbitration Agreements ,
Case Consolidation ,
Certiorari ,
Class Action ,
Class Action Arbitration Waivers ,
Collective Actions ,
Epic Systems Corp v Lewis ,
Ernst & Young ,
Federal Arbitration Act ,
Mandatory Arbitration Clauses ,
Murphy Oil USA ,
NLRA ,
NLRB ,
SCOTUS
As we previously reported, the Supreme Court granted petitions for certiorari in three lawsuits challenging the legality of arbitration agreements that bar workers from pursuing class actions. The Court consolidated the...more
2/13/2017
/ Arbitration ,
Arbitration Agreements ,
Case Consolidation ,
Class Action ,
Class Action Arbitration Waivers ,
Epic Systems Corp v Lewis ,
Ernst & Young ,
Mandatory Arbitration Clauses ,
Murphy Oil USA ,
NLRA ,
NLRB ,
SCOTUS
Internal investigations into suspected employee wrongdoing are particularly tricky for in-house counsel, who must protect corporate confidentiality, be mindful of regulatory reporting requirements, and respect labor...more
On December 11, the National Labor Relations Board (NLRB) continued to intrude into the workplace by holding that employees have a right to use their employer's email system for union organizing purposes and other "concerted...more