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Cristina M. Paneque

District Court in Connecticut weighs in on whether certain types of cryptocurrency are considered securities

Posted by Cristina M. Paneque on 12/01/2021

Recently, the U.S. District Court for the District of Connecticut held trial for a case, Audet v. Fraser, that helped define when an asset is or is not a securities. The jury was asked to define if various forms of cryptocurrency (hashlets, hashpoints, hashtakers, or paycoin) were investment contracts, and therefore securities. The jury found, ...

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Taylor Crabill

Understanding Interference and Retaliation Claims under the Family Medical Leave Act

Posted by Taylor Crabill on 12/01/2021

At some point, you or a family member may suffer from an illness that requires you to take time off from work. Understandably, you may be concerned about how your employer will respond to the need to take leave and your job security. Fortunately, the Family Medical Leave Act ("FMLA") permits an eligible employee to take up to twelve weeks ...

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Katherine M. Lenahan

Cryptocurrencies Accounted For 93% Of All The Assets Seized By The IRS’s Criminal Investigation Unit In 2021

Posted by Katherine M. Lenahan on 12/01/2021

According to its Criminal Investigation Annual Report for 2021, the Internal Revenue Service ("IRS") seized $3.5 billion worth of cryptocurrencies in fiscal year 2021, which accounted for 93% of all assets seized by the agency's Criminal Investigations unit. The virtual currencies seized were "connected to cases involving a range of criminal ...

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Christopher M. Lash

SEC Mandates Use of Universal Proxy Cards in Contested Director Elections

Posted by Christopher M. Lash on 12/01/2021

On November 17, 2021, the Securities and Exchange Commission ("SEC") voted to amend the federal proxy rules to mandate the use of universal proxy cards in contested director elections. Currently, shareholders voting by proxy are generally limited to selecting director candidates nominated by the soliciting party. However, shareholders voting ...

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Camilo Burr

New York’s New and Improved Whistleblower Law to Take Effect January 26, 2022

Posted by Camilo Burr on 12/01/2021

In late October 2021, New York Governor Kathy Hochul signed a bill that greatly expands the rights afforded to employees under New York's current whistleblower statute, New York Labor Law § 740(2). Enacted in 1984, § 740(2) only protected employees from retaliation who reported an employer's activity that violated a law relating to public ...

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Raymond N. Barto

The DOJ Shows Its Sweet Tooth in Bid to Block Sugar Merger

Posted by Raymond N. Barto on 12/01/2021

As Americans settle into the holiday season, the Department of Justice has filed suit to protect consumers from potential price increases on a holiday cookie necessity: sugar. The DOJ aims to stop the sale of the Imperial Sugar Company ("Imperial") from the Louis Dreyfus Company to Imperial's competitor, the United States Sugar Corporation ...

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Kristyn Fields

American and JetBlue Move to Dismiss DOJ Antitrust Lawsuit

Posted by Kristyn Fields on 12/01/2021

On November 22, 2021, American and JetBlue airlines moved to dismiss a Department of Justice lawsuit challenging the airlines' agreement to coordinate flights in the Northeast. In their motion, American and JetBlue argue that the complaint is "defective" because the DOJ has not alleged that the agreement has caused higher prices or a reduction ...

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Carolyn A. McGuigan

Attending a Concert? You Have a Right to be Kept Safe.

Posted by Carolyn A. McGuigan on 11/15/2021

Over the weekend, the Astroworld Festival in Houston, TX was the site of immense tragedy when crowds surged during rapper and festival founder Travis Scott's set. Eight people were killed and several others injured. Several lawsuits have already been filed, many of which focus on Travis Scott himself and his failure both to realize that fans ...

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Alex Hartzband

Industry Groups Mount Opposition to Federal Private Employer Vaccine Mandate on Dubious Grounds

Posted by Alex Hartzband on 11/12/2021

On November 4, 2021, the U.S. Occupational Health & Safety Administration ("OSHA") issued an interim rule mandating that employers with at least 100 employees require that their staff either be vaccinated against COVID-19 or submit to weekly testing. The long-anticipated rule follows calls from President Joe Biden for OSHA to issue such a ...

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Annabel Stanley

Potential for Federal Mandated Paid Family Leave

Posted by Annabel Stanley on 11/08/2021

The United States is the only industrialized country in the world that does not guarantee paid family leave. In 1993, the United States enacted the Family Medical Leave Act (FMLA). FMLA provides that eligible employees are entitled to a maximum of 12 workweeks of leave during a 12 month period. To be eligible for FMLA, an employee must work ...

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