On May 20, 2020, the United States Department of Labor (DOL) released a Final Rule authorizing employers that use the “fluctuating workweek” method for calculating employees’ regular rates of pay to award employees additional...more
On May 18, 2020, the Wage and Hour Division of the U.S. Department of Labor (DOL) issued a final rule eliminating a list of businesses prohibited from taking advantage of the commission sales exemption to the overtime...more
On May 7, 2020, the Supreme Court threw out federal program and wire fraud convictions for two former public officials who conspired to induce traffic jams in Fort Lee, New Jersey as political retaliation in 2013. Bridget...more
5/11/2020
/ Appeals ,
Bridgegate ,
Criminal Convictions ,
Federal-Program Fraud ,
Governor Christie ,
Intent to Obtain Money or Property ,
Kelly v United States ,
Political Scandals ,
Public Officials ,
Reversal ,
SCOTUS ,
Wire Fraud
On Tuesday, May 5, the Department of Justice (DOJ) filed charges in the federal District Court of Rhode Island against David A. Staveley and David Butziger for conspiracy to make a false statement and conspiracy to commit...more
On Wednesday, April 22, President Donald Trump signed a Proclamation suspending the issuance of new immigrant visas in an effort to limit job competition as the U.S. economy reels from the COVID-19 pandemic. The President’s...more
The recently-reported sales of stock by several U.S. Senators following private briefings on the COVID-19 pandemic, apparently allowing them to avoid significant losses before the markets plummeted, have focused attention on...more
The recently-reported sales of stock by several U.S. Senators following private briefings on the COVID-19 pandemic, apparently allowing them to avoid significant losses before the markets plummeted, have focused attention on...more
Earlier this week, as millions of Americans were being urged to self-quarantine to curb the spread of COVID-19, New York Governor Andrew Cuomo signed a new paid sick leave bill into law. The law is designed, among other...more
Editors’ Note: This is the first in our start-of-year series examining important trends in white collar law and investigations in the coming year. Up next: a look at trends in health care enforcement. Look for additional...more
1/6/2020
/ Administrative Authority ,
Broker-Dealer ,
Cyber Threats ,
Cybersecurity ,
Data Breach ,
Data Security ,
Digital Assets ,
Disgorgement ,
Enforcement Actions ,
Individual Accountability ,
Initial Coin Offering (ICOs) ,
Investment Adviser ,
Investors ,
Popular ,
Publicly-Traded Companies ,
Regulatory Authority ,
Securities and Exchange Commission (SEC) ,
Securities Fraud ,
Securities Violations ,
Token Sales ,
White Collar Crimes
Takeaways for Companies, Investment Advisers and Broker-Dealers -
On November 15, 2019, the SEC’s Office of the Whistleblower (“OWB”) issued its annual report for fiscal year 2019. The report contains some important details...more
December 9th, 2019, the full House of Representatives approved H.R. 2534, otherwise known as the Insider Trading Prohibition Act. If passed by the Senate and signed by the President, this legislation would mark an important...more
On November 6, 2019, the Supreme Court will hear oral argument for Retirement Plans Committee of IBM v. Jander to expand on its “more harm than good” pleading standard articulated in Fifth Third Bancorp v. Dudenhoeffer. Both...more
10/24/2019
/ Breach of Duty ,
Certiorari ,
Duty of Prudence ,
Employee Retirement Income Security Act (ERISA) ,
Employee Stock Purchase Plans ,
Fiduciary Duty ,
Investment Funds ,
Plan Administrators ,
Pleading Standards ,
Retirement Plan ,
Retirement Plans Committee of IBM v Jander ,
Stock Prices
On Tuesday, October 8, 2019, the Department of Justice provided guidance on how its prosecutors should evaluate claims of corporate poverty. This comes on the heels of Deputy Assistant Attorney General Matthew Miner’s...more
10/11/2019
/ Civil Monetary Penalty ,
Corporate Crimes ,
Corporate Criminal Fines ,
Corporate Misconduct ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Enforcement ,
Failure To Pay ,
Federal Sentencing Guidelines ,
New Guidance ,
White Collar Crimes
On September 12, 2019, Deputy Assistant Attorney General Matthew Miner signaled that the Department of Justice may provide further guidance to prosecutors—and companies—on how to evaluate claims of corporate poverty. In a...more
9/16/2019
/ Corporate Counsel ,
Corporate Crimes ,
Corporate Criminal Fines ,
Corporate Misconduct ,
Criminal Penalties ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Failure To Pay ,
Federal Sentencing Guidelines ,
New Guidance ,
White Collar Crimes
As we reported in previous alerts (April 26, 2019 and May 9, 2019), all employers with 100 or more employees must submit employee pay data for 2017 and 2018 to the U.S. Equal Employment Opportunity Commission (EEOC) on an...more
On February 19, 2019, the Massachusetts Supreme Judicial Court (SJC) adopted an employee-friendly standard for determining whether a plaintiff is entitled to an award of attorneys’ fees under the Massachusetts Wage Act where...more
On January 29, 2019, the Massachusetts Supreme Judicial Court (SJC) ruled in Yee v. Mass. State Police that an employer’s denial of an employee’s request for a lateral transfer that would have no impact on the employee’s base...more