Drinker Biddle & Reath LLP

One Logan Square Ste. 2000
Philadelphia, PA 19103-6996, United States

  • (215) 988-2700
  • (215) 988-2757

SEC’s Broken Window Enforcement Program Gets a Boost from “Quantitative Analytics” and “Algorithms”

The SEC announced last week that it had charged, in settled administrative proceedings, 28 individuals and investment firms that failed to “promptly report information about their holdings and transactions in company stock” and…more
| Administrative Law, Civil Remedies, Commercial Law & Contracts, Finance & Banking, Securities Law

When Should the Board Call Separate Counsel?

Reports of the increased risk of liability for boards of directors, as well as for individual directors, have become commonplace against the backdrop of ever-increasing regulation and litigation risk. There is intense scrutiny…more
| Commercial Law & Contracts

CFPB Issues Warning on Promotional Credit Card Offers

In a bulletin issued on September 3, the CFPB warned that it will be on the lookout for “deceptive and/or abusive acts and practices in connection with solicitations that offer a promotional annual percentage rate (APR) on a…more
| Antitrust & Trade Regulation, Finance & Banking, Consumer Protection

Contingent Workers . . . From An ERISA Perspective

The Issue: Companies often divide their workers into a variety of categories . . . agency employees, temporary employees, provisional employees, independent contractors, and so on. Unfortunately, many companies believe that…more
| Labor & Employment Law

CFTC Removes Hurdle From JOBS Act Advertising

On September 9, 2014, the Division of Swap Dealer and Intermediary Oversight of the Commodity Futures Trading Commission (CFTC) issued an exemptive letter [1] (the JOBS Act Exemptive Letter) for private fund managers relying on…more
| Administrative Law, Finance & Banking, Securities Law

Cybersecurity Litigation Monthly Newsletter

As we discussed in July, Tiversa, a “cyber-intelligence” company, notified the FTC in 2009 that a file containing the personal information of about 9,300 LabMD patients was available on a peer-to-peer file sharing network. The…more
| Administrative Law, Antitrust & Trade Regulation, Finance & Banking, Privacy, Consumer Protection

Independent Contractors Lying In Wait… An Employment Law Perspective

The Issue: Misclassification of employees as independent contractors is common and it can have “quicksand” impact on employers. In addition to litigation expense, employer risks include compensation and penalties for Wage &…more
| Labor & Employment Law

SEC Money Market Reform: An Analysis of Fund Director Responsibilities

In July 2014, the Securities and Exchange Commission (SEC) adopted long-awaited rule amendments to regulations that govern money market funds (Rules). The Rules are designed to lessen money market funds’ susceptibility to heavy…more
| Finance & Banking, Securities Law

Where Oh Where Could They Be? Finding Missing Participants Under the New DOL Guidance

The U.S. Department of Labor (DOL) has issued updated guidance on locating missing participants in a terminated defined contribution plan. The guidance reflects the discontinuance of the IRS and SSA letter forwarding services…more
| Labor & Employment Law, Finance & Banking, Insurance, Taxation

Advocacy Organizations’ Complaint Puts a Spotlight on Potential Noncompliance by Nonprofit Hospitals

On August 25, two advocacy organizations filed a complaint with the Internal Revenue Service (IRS) alleging noncompliance by a hospital system with respect to certain community benefit requirements imposed by the Patient…more
| Health, Taxation, Nonprofit Law

Commissioner’s Dissent May Signal Harsher Sanctions Against Accountants

Commissioner Luis A. Aguilar provided the most recent illustration of the SEC’s renewed emphasis on enforcement actions involving accounting and financial statement fraud when, on August 28, 2014, he issued a rare written…more
| Commercial Law & Contracts, Finance & Banking, Securities Law

State Courts Disagree About Whether Statutory Damages Make Class Actions an Inferior Method for Adjudicating TCPA Claims

The statutory damages that have caused so many plaintiffs to file TCPA class actions have also caused some courts to find that class actions are not the superior method for adjudicating them. Federal Rule of Civil Procedure…more
| Civil Procedure, Civil Remedies, Communications & Media Law, Consumer Protection

FCC Letter Brief Suggests That Faxes and Phone Calls are Different for Purposes of Direct Liability Under the TCPA

At the invitation of the Eleventh Circuit Court of Appeals, the FCC recently filed a letter brief in Palm Beach Golf Center-Boca, Inc. v. Sarris, No. 13-14013 (11th Cir.). The letter brief took the position that defendants can…more
| Commercial Law & Contracts, Communications & Media Law, Consumer Protection

W.D. Wash. Adopts Preponderance of the Evidence Standard for Elements of Class Cert., Rejects Numerosity Experts

The Western District of Washington recently adopted a “preponderance of the evidence” standard for establishing the prerequisites of Federal Rule of Civil Procedure 23 and denied class certification in a TCPA case because the…more
| Civil Procedure, Communications & Media Law, Consumer Protection

BIS Publishes Rule on Export Prohibitions to Russia

On August 6, 2014, the Bureau of Industry and Security (BIS) of the Department of the Treasury published a rule on export prohibitions to Russia on items for use in its energy sector. The rule also added one person, United…more
| Commercial Law & Contracts, Elections & Politics, Energy & Utilities, International Law & Trade
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