In a long-awaited decision in Restaurant Law Center v. US Department of Labor, the US Court of Appeals for the Fifth Circuit vacated a US Department of Labor (DOL) regulation governing the way tipped employees are paid,...more
9/16/2024
/ Administrative Procedure Act ,
Ambiguous ,
Appeals ,
Chevron Deference ,
Department of Labor (DOL) ,
Fair Labor Standards Act (FLSA) ,
Loper Bright Enterprises v Raimondo ,
Restaurant Industry ,
SCOTUS ,
Statutory Interpretation ,
Tipped Employees
On April 12, 2024, in Macquarie Infrastructure Corp. v. Moab Partners, L.P., the US Supreme Court held that a company’s mere failure to disclose information required by management’s discussion and analysis (Item 303 of SEC...more
4/17/2024
/ Disclosure ,
Enforcement Actions ,
Macquarie Infrastructure Corp v Moab Partners LP ,
Regulation S-K ,
Remand ,
Rule 10b-5 ,
SCOTUS ,
Securities and Exchange Commission (SEC) ,
Securities Exchange Act ,
Securities Litigation ,
Securities Violations ,
Vacated
On December 19, 2023, the US Court of Appeals for the Fifth Circuit (Fifth Circuit) issued a decision vacating the share repurchase disclosure modernization rule amendments that the US Securities and Exchange Commission (SEC)...more
A broad array of financial market participants—mutual funds, private funds, insurers, pension funds, family offices, individuals, and more—may be at risk after the Securities and Exchange Commission (SEC) secured summary...more
On April 14, 2023, in Axon Enterprise, Inc. v. Federal Trade Commission and the companion case Cochran v. Securities and Exchange Commission, the Supreme Court held that district courts have jurisdiction to hear structural...more
When Congress passed the Dodd-Frank Act, it expanded the SEC’s power to use its in-house administrative forum to bring enforcement actions. Supporters said this change promoted investor protection by giving the SEC a more...more
A recent ruling by the Seventh Circuit in Seafarers Pension Plan v. Bradway addresses the issue of where shareholder derivative lawsuits may be filed when the company at issue has a forum selection clause in its bylaws. The...more
In Railey v. Sunset Food Mart, Inc., -- F.4th --, No. 21-2533, 2021 WL 4808222 (7th Cir. Oct. 15, 2021), the U.S. Court of Appeals for the Seventh Circuit affirmed the district court’s order remanding a class action asserting...more
11/2/2021
/ Biometric Information ,
Biometric Information Privacy Act ,
CAFA ,
Class Action ,
Grocery Store Workers ,
Grocery Stores ,
LMRA ,
Preemption ,
Remand ,
Removal ,
Unions