Funds Not Caged by SEC Names Rule Amendments: Roaming Room Remains -
The SEC recently adopted amendments to its investment company “names” rule that apply to most SEC-registered funds, including underlying funds in which...more
1/11/2024
/ Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Insurance Industry ,
Investment Funds ,
Life Insurance ,
Proposed Rules ,
Putative Class Actions ,
Retirement Plan ,
Securities and Exchange Commission (SEC) ,
Securities Traders ,
Whistleblowers
For broker-dealers distributing and selling variable annuities, examinations will test for compliance with Reg BI and FINRA Rule 2330 because both standards apply to variable annuity sales. Firms distributing and selling...more
The debate over the right to waive California Private Attorneys General Act (PAGA) claims continues.
The most recent rule, as stated by the California Court of Appeal for the Fourth District this week, is...more
More than 25 years have elapsed since the SEC adopted Exchange Act Rule 17a-4(f) governing electronic recordkeeping by broker-dealers. In an effort to update the rule to reflect “technology neutral” concepts, the SEC adopted...more
The Old School -
I, Mark Neubauer, concede I am a dinosaur. I am like my grandfather before me, who lamented the end of the horse-and-carriage age by bemoaning, "Everything is moving too fast." Everything today keeps...more
In determining lunch hours, every minute counts, at least here in California. The practice of “rounding time” to the nearest five or ten minutes can cost employers dearly — literally in the millions. The California Supreme...more
Since January 1, California businesses have been subject to ramped-up COVID-19 notification and reporting requirements under amendments to California’s Occupational Safety and Health Act, which are designed principally to...more
A federal court has found no coverage for a $42 million whistleblower settlement due to the insured’s failure to timely report the claim to its carrier. PAMC, Ltd. v. National Union Fire Insurance Company of Pittsburgh, Pa.,...more
2/26/2019
/ Department of Justice (DOJ) ,
False Claims Act (FCA) ,
Health Insurance ,
Insurance Claims ,
Medicaid ,
Medicare ,
National Union ,
Qui Tam ,
Settlement Agreements ,
Statute of Limitations ,
Whistleblowers
Creating havoc for employers in California, the California Supreme Court yesterday rejected the federal “de minimis” doctrine for wage and hour regulations. ...more
Must a plaintiff who brings an action under California’s Private Attorney General Act (PAGA) comply with Rule 23’s requirements? Although the Ninth Circuit has not addressed the issue, one California federal district court...more
Failing to comply with last week’s California Supreme Court order concerning overtime pay and lump sum bonuses may expose you to costly class actions like so many other California employers....more
3/14/2018
/ Bonuses ,
CA Supreme Court ,
Compensation & Benefits ,
DLSE ,
Employer Liability Issues ,
Employment Litigation ,
Fair Labor Standards Act (FLSA) ,
Incentive Compensation ,
Labor Law Violations ,
Over-Time ,
Payment Terms ,
Payroll Periods ,
State Labor Laws ,
Wage and Hour
Once upon a time, employers could determine the minimum wage they needed to pay their employees by looking to the single state in which they conducted business. No more....more
An employer dodged a bullet before a California jury this week. But the fact that a class was certified and went to a jury suggests that the plaintiff’s bar is increasingly focused on the adequacy of electronic wage...more
11/10/2017
/ Class Action ,
Class Certification ,
Corporate Counsel ,
Dollar Tree ,
Employer Liability Issues ,
Employment Litigation ,
Labor Law Violations ,
Retail Market ,
Retailers ,
Wage and Hour ,
Wage Statements
Last week the Ninth Circuit reopened a key avenue in consumer false advertising class actions – injunctive relief. A growing number of trial courts had dismissed those claims, reasoning that plaintiffs who know of the alleged...more
This week the Ninth Circuit offered plaintiffs who wish to bring both individual and class actions a potentially broad path to establish Article III standing based on mere allegations of procedural statutory violations. In...more
8/18/2017
/ Article III ,
Background Checks ,
Class Action ,
Employer Liability Issues ,
Fair Credit Reporting Act (FCRA) ,
Hiring & Firing ,
Injury-in-Fact ,
SCOTUS ,
Screening Procedures ,
Spokeo v Robins ,
Standing
Employers finally won a key victory in California courts in the continuing conflict between mandatory arbitration/class waiver agreements versus representative actions brought under the California Private Attorneys General...more
Can your employees claim they are owed vacation pay from their first day at work? Last week, the California Court of Appeal reminded employers in California of the importance of a clear vacation policy to avoid that...more
In a big blow to employers, the California Supreme Court unanimously held today that plaintiffs and their lawyers must be given access to companywide employee contact information—including addresses and phone numbers—at the...more
Employers hiring in California must be aware that on July 1, new California Fair Employment and Housing Council regulations take effect, limiting use of criminal history when making employment decisions. Every nationwide...more
Like the Good Lord, California employees are guaranteed one day of rest every workweek under a new California Supreme Court decision, which will have broad implications for employers in California, especially those in the...more
5/10/2017
/ CA Supreme Court ,
Employment Litigation ,
Food Service Workers ,
Labor Code ,
Nordstrom Inc. ,
Over-Time ,
Rest and Meal Break ,
Restaurant Industry ,
Retail Market ,
Wage and Hour ,
Waivers ,
Work Schedules
The Central District of California held that Section 533 of the Insurance Code eliminated any potential for coverage for suit under the state False Claims Act.
On January 4, the U.S. District Court for the Central...more
1/24/2017
/ AIG ,
Bad Faith ,
CFCA ,
Denial of Insurance Coverage ,
Dismissal With Prejudice ,
Duty to Defend ,
False Claims Act (FCA) ,
Indemnity Insurance ,
Insurance Code ,
Insurance Industry ,
Insurance Litigation ,
Office Depot ,
Public Entities ,
Summary Judgment ,
Willful Misconduct
California’s back-and-forth on arbitrations and class actions continued again this week.
In a key 4-3 decision the California Supreme Court held that the arbitrator—not the court—can decide whether an arbitration...more
A federal court has ruled that a whistleblower suit under California’s False Claims Act alleged a “willful act” that cannot be covered by liability insurance.
In Office Depot Inc. v. AIG Specialty Insurance Company, Case...more
Food for Thought is a review of significant court decisions affecting the food, beverage, dietary supplements and personal care products industry. Although many cases in this edition focus on class certification, others...more
2/15/2016
/ Ascertainable Class ,
CAFA ,
Chobani Inc ,
Class Action ,
Class Certification ,
ConAgra ,
Dietary Supplements ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
Food Contamination ,
Food Labeling ,
Food Manufacturers ,
FRCP 23(b)(3) ,
Natural Products ,
Ocean Spray ,
Organic ,
Preemption ,
Standing
For the second time in four years, the U.S. Supreme Court has overruled a California decision that refused to enforce an arbitration agreement with a class action waiver, holding that the Federal Arbitration Act (FAA) trumps...more