Business email compromise (“BEC”) occurs when a payee’s business email account is compromised or impersonated. The threat actor, posing as the payee or its representative (e.g., the head of the accounting department), sends...more
Business account takeover (“ATO”) fraud occurs where a threat actor gains access to a business account on a payments platform (e.g., a payroll or accounts payable tool) or fraudulently creates such an account and engages in...more
In a series of three articles, we will address the ascendency of account takeover (“ATO”) and business email compromise (“BEC”) fraud — the unfortunate occurrence where a payor or intended payee’s account is compromised,...more
On March 11, 2024, after many months of anticipation, the Department of Labor’s (“DOL”) final rule on independent contractor status went into effect. Meanwhile, on March 8, 2024, a revised joint employer rule announced by the...more
3/22/2024
/ Department of Labor (DOL) ,
Economic Realities Test ,
Employee Benefits ,
Employee Definition ,
Employees ,
Final Rules ,
Independent Contractors ,
Joint Employers ,
NLRB ,
Totality of Circumstances Test ,
Wage and Hour
A recent decision by the Georgia Court of Appeals could have implications for your ability to enforce post-separation, employee non-solicitation covenants on your former employees. Under the Georgia Restrictive Covenants Act...more
This coming term, the Supreme Court of the United States will hear arguments over the validity of a federal regulation that has stymied payment processors in recent years. In 2017, the Consumer Financial Protection Bureau...more
Please join AGG litigators David J. Marmins and Morgan E. M. Harrison and AGG Food & Drug practice team leader Alan G. Minsk for a complimentary webinar addressing the recent spate of litigation against cosmetic companies...more
What is a CRA required to do when consumers request copies of their files? And what can prevent a consumer from suing if a CRA’s response does not comply with Section 609 of the FCRA? In this episode, AGG partner and co-chair...more
10/29/2021
/ Article III ,
Class Action ,
Class Members ,
Credit Reporting Agencies ,
Credit Reports ,
Fair Credit Reporting Act (FCRA) ,
Injury-in-Fact ,
SCOTUS ,
Standing ,
TransUnion ,
TransUnion LLC v Ramirez
We previously wrote about the National Defense Authorization Act for Fiscal Year 2021 (the “NDAA”), which became law on January 1, 2021. The NDAA includes the Anti-Money Laundering Act of 2020 (the “AML Act”), which in turn...more
As we previously wrote, one of the biggest FTC decisions in decades was recently argued before the United States Supreme Court. And on Thursday, April 22, 2021, the Supreme Court unanimously ruled against the Federal Trade...more
On February 10, 2021, legislation was introduced to repeal Kansas’s ban on surcharging. A mere two weeks later, a federal judge essentially ensured its end by declaring the statute unconstitutional....more
On January 13, 2021, the United States Supreme Court heard an oral argument in a pivotal challenge to the Federal Trade Commission’s (FTC) historic practice of obtaining monetary damages under a statutory provision that, on...more
As most consumers know, there is often a fee associated with paying by credit card. That fee, called a “surcharge,” allows the merchant to recoup the additional processing costs associated with accepting card payments. While...more
As dozens of cities and states order businesses to close unless they constitute “essential” businesses or provide “essential” services to residents, the question on everyone’s mind is: Am I essential?
While there are...more
These days, one of the most effective ways to advertise your business is through social media platforms such as Facebook, Instagram, or Twitter. At virtually no cost, social media allows you to conveniently market your...more
Social media is everywhere, and while it gives businesses an unprecedented opportunity to reach a record number of consumers at a minimal cost, it can prove to be a double edged sword when disgruntled employees or customers,...more
12/16/2016
/ Anti-SLAPP ,
Banks ,
Commercial Leases ,
Debtors ,
Guarantors ,
Landlords ,
NLRB ,
Payday Loans ,
Popular ,
Promissory Notes ,
Social Media ,
Summary Judgment ,
Tenants ,
Termination ,
Trademarks
Employers nationwide are closely watching a class action lawsuit out of federal court in New York in which current and former employees have brought ERISA claims against restaurant chain Dave & Buster’s (“D&B”). In Marin v....more