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Business Torts › Administrative Law

Read Business Torts updates, news, and legal commentary from leading lawyers and law firms:

News & Analysis as of May 21, 2013

Ballard Spahr LLP

SEC Fraud Charges against Harrisburg, Pa., Have Implications for Secondary Market Disclosures

by William C. Rhodes, Tesia Stanley | Ballard Spahr LLP on 5/10/2013

The Securities and Exchange Commission (SEC) recently charged the City of Harrisburg, Pennsylvania (the City), with misleading investors about its financial health in the annual State of the City Address, as well as in its...more

Proskauer Rose LLP

The ERISA Litigation Newsletter - April 2013

by Stacey Cerrone, Amy Covert, Russell Hirschhorn, Robert Rachal, Myron Rumeld, Howard Shapiro | Proskauer Rose LLP on 4/12/2013

Editor's Overview - The importance of clear and unambiguous plan language cannot be overstated. The Second Circuit recently applied this well-established principle to conclude that a plan's administrative claims process must...more

BuckleySandler LLP

FDIC Obtains Jury Verdict And Settlement In Separate Actions In California District Court Against Former Bank Officers And...

by BuckleySandler LLP on 1/7/2013

On December 7, the FDIC, as receiver of a failed bank, obtained a jury verdict in its favor in the U.S. District Court for the Central District of California against a group of former bank officers. FDIC v. Van Dellen, No....more

Katten Muchin Rosenman LLP

Corporate and Financial Weekly Digest - January 4, 2013

by Katten Muchin Rosenman LLP on 1/7/2013

In this issue: - CII Submits Rule 10b5-1 Rulemaking Petition to the SEC - ISS Publishes Updated FAQs for its Proxy Voting Policies - CFTC Issues Final Order on Cross-Border Swaps - CFTC Issues No-Action...more

Leonard, Street and Deinard - Dodd-Frank and...

CFTC Announces Second Spoofing Action Against Commodity Traders

by Robert Fallon | Leonard, Street and Deinard - Dodd-Frank and... on 1/4/2013

The Commodity Futures Trading Commission (CFTC) recently announced its second enforcement action against a commodity trader for engaging in the manipulative scheme called “spoofing.” U.S. Commodity Futures Trading Commission...more

Morrison & Foerster LLP

SEC Accuses Fund Directors of Breaching Their Valuation Duties

by Jay G. Baris, Kelley A. Howes | Morrison & Foerster LLP on 1/4/2013

In a case involving fair valuation of structured notes, the SEC signaled that when investment company fund boards delegate the responsibility to fair value portfolio securities, they must provide “meaningful substantive...more

Robert Freedman - Partner at Tharpe & Howell,...

Employee Burnout

by Robert Freedman - Partner at Tharpe & Howell,... on 1/1/2013

Sometimes employers can’t see the forest from the trees. This is often the case when it comes to the work environment, including workplace policies, and their impact on employee productivity and retention. In the rush to...more

Robert Freedman - Partner at Tharpe & Howell,...

Employer Liability for Unreported Time

by Robert Freedman - Partner at Tharpe & Howell,... on 12/28/2012

A recent decision by the Sixth Circuit Court of Appeals held that a nurse’s claim for unpaid wages attributed to working during unpaid meal breaks, did not violate the Fair Labor Standards Act (“FLSA”). White v. Baptist...more

Robert Freedman - Partner at Tharpe & Howell,...

FTC. v. Wyndham Litigation

by Robert Freedman - Partner at Tharpe & Howell,... on 12/25/2012

The Federal Trade Commission (“FTC”) has been active in recent years pursuing companies that suffer data security breaches and arguably failed to live up to the data security standards promised in their privacy policies....more

Orrick - Structured Finance Group

Insider Dealing

by Orrick - Structured Finance Group on 12/19/2012

On December 13, the FSA published a press release announcing that Thomas Ammann, a former investment banker and FSA Approved Person at Mizuho International plc, had been sentenced to 2 years and 8 months imprisonment for two...more

Robert Freedman - Partner at Tharpe & Howell,...

Corporate Compliance with Licensing Requirements

by Robert Freedman - Partner at Tharpe & Howell,... on 12/18/2012

Software and technology licensing fees are often tied to the number of users or devices that access an application or database. More users, or more devices, will often mean higher licensing fees. The terms and conditions...more

Sedgwick LLP

Libor Fixing Probe – UBS Facing Potential $1 Billion Fine

by Sedgwick LLP on 12/16/2012

UBS, Switzerland’s largest bank, is set to become the second financial institution to enter into a settlement arising out of the Libor rate-fixing scandal. The potential agreement would reportedly allow UBS to pay...more

Robert Freedman - Partner at Tharpe & Howell,...

SBA Rules Changes – Definition of a Small Business

by Robert Freedman - Partner at Tharpe & Howell,... on 12/13/2012

In the quest to compete and survive, small businesses should embrace all opportunities for revenue growth available to them. One of the largest potential customers in the world is the US Government. Small businesses have a...more

Robert Freedman - Partner at Tharpe & Howell,...

NLRB Cases Impact At-Will Employment Agreements

by Robert Freedman - Partner at Tharpe & Howell,... on 12/7/2012

Most employment agreements in California are for at-will employment. This means that the employer can terminate the employee at any time, with or without cause, so long as termination is not for a reason otherwise unlawful...more

Orrick, Herrington & Sutcliffe LLP

Orrick's Financial Industry Week in Review - December 3, 2012

by Orrick, Herrington & Sutcliffe LLP on 12/6/2012

In This Issue: - Financial Industry Developments · CFTC Final Rule on Clearing of Credit Default Swaps and Interest Rate Swaps · Fed, Treasury Proposed Amendments to Bank Secrecy Act Definitions...more

Peter Bauman - Senior Associate at Tharpe &...

Employer Liability for Unreported Time

by Peter Bauman - Senior Associate at Tharpe &... on 12/5/2012

A recent decision by the Sixth Circuit Court of Appeals held that a nurse’s claim for unpaid wages attributed to working during unpaid meal breaks, did not violate the Fair Labor Standards Act (“FLSA”). White v. Baptist...more

Peter Bauman - Senior Associate at Tharpe &...

Notes For General Counsel

by Peter Bauman - Senior Associate at Tharpe &... on 12/4/2012

A recent article on the Practical Law website, identified major horizon issues for General Counsel. We highlight a selected sample of these issues by subject area below: Commercial: Green Guides The FTC issues revised...more

Fenwick & West LLP

Securities Litigation Alert: 'Tis the Season: Proxy Statements and Litigation Challenges to Compensation Disclosures

by Marie C. Bafus, Dean Kristy, Kevin P. Muck | Fenwick & West LLP on 12/4/2012

Over the past several months, plaintiffs' lawyers have stepped up attacks on executive compensation disclosures in proxy statements. Although to date most of these attacks have been unsuccessful, the number of case filings is...more

Robert Freedman - Partner at Tharpe & Howell,...

Privacy Enforcement By California Attorney General’s Office

by Robert Freedman - Partner at Tharpe & Howell,... on 12/3/2012

California takes citizen privacy rights seriously. That’s the unmistakable message communicated by a recent announcement that the Office of the Attorney General of California is creating a Privacy Enforcement and...more

Peter Bauman - Senior Associate at Tharpe &...

FTC. v. Wyndham Litigation

by Peter Bauman - Senior Associate at Tharpe &... on 11/30/2012

The Federal Trade Commission (“FTC”) has been active in recent years pursuing companies that suffer data security breaches and arguably failed to live up to the data security standards promised in their privacy policies....more

BuckleySandler LLP

Federal District Court Dismisses Virginia State Law Claims in FHFA RMBS Suit

by BuckleySandler LLP on 11/27/2012

On November 19, the U.S. District Court for the Southern District of New York held that the FHFA’s state-law claims against a financial institution with regard to the offering of certain residential mortgage-backed securities...more

Sheppard Mullin Richter & Hampton LLP

Sixth Circuit: FERA False Claims Act Amendment Applies Retroactively to Cases Pending as of June 7, 2008

by John Hynes | Sheppard Mullin Richter & Hampton LLP on 11/27/2012

On November 2, 2012, the Sixth Circuit held that a 2009 amendment Congress made to the liability provisions of the False Claims Act ("FCA") applies retroactively to civil FCA cases pending as of June 7, 2008. U.S. ex rel....more

BNA Banking Report - A Practical Guide to CFPB Procedures for Investigation and Adjudication

by Richik Sarkar on 11/27/2012

A practical guide to CFPB investigations and adjudications. Available through Bloomberg BNA's Banking Report....more

Brooks Pierce

SEC’s Asset Management Unit Focuses on Compliance Failures, Vol. 1

by Brooks Pierce on 11/26/2012

The SEC Enforcement Division’s Asset Management Unit has brought some substantial cases over the last year, including a number arising out of its Aberrational Performance Inquiry. Another focus for the unit has been...more

Pavlack Law, LLC

Indiana's Wage Payment and Wage Claims Statutes

by Pavlack Law, LLC on 11/23/2012

This week's article is dedicated to a discussion of the recent Indiana Court of Appeals decision in Fox v. Nichter Construction Co., Inc., in which the court examined the interplay of Indiana's Wage Payment and Wage Claim...more

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