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Alex Hartzband

Court Strikes Down Department of Labor Rule Narrowing the Definition of “Joint Employer”

Posted by Alex Hartzband on 09/30/2020

On September 8, 2020, the Honorable Gregory H. Woods of the Southern District of New York struck down a final rule (the "Rule") issued earlier this year by the U.S. Department of Labor ("DOL"). The Rule narrowed the definition of a vertical joint employer under the Fair Labor Standards Act ("FLSA") to require that a company actually exercise ...

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James M. Wilson, Jr.

Shareholders Overcome Uber Motion to Dismiss Section 11 and 12 Claims

Posted by James M. Wilson, Jr. on 09/28/2020

On August 7, 2020, Judge Richard Seeborg of the Northern District of California denied Uber Technologies, Inc.'s ("Uber") bid to dismiss shareholder claims that the Company's registration statement filed for its 2019 IPO was false and misleading in violation of Sections 11, 12(a)(2) and 15 of the Securities Act of 1933. Defendants, which included ...

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Richard W. Gonnello

SEC Charges Two Maryland Companies With Affinity Fraud Ponzi Scheme

Posted by Richard W. Gonnello on 09/24/2020

The Securities and Exchange Commission ("SEC") recently announced securities fraud charges against "two Maryland companies and their principals for a scheme that allegedly defrauded approximately 1,200 investors, many of them African immigrants, of more than $27 million." The charges allege that the three principals "directly and through their ...

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Dillon Hagius

Rapper T.I. Charged With Promoting Fraudulent Initial Coin Offering

Posted by Dillon Hagius on 09/23/2020

The Securities and Exchange Commission ("SEC") recently charged rapper T.I. (whose legal name is Clifford Harris, Jr.) with the promotion of two "unregistered and fraudulent" initial coin offerings in the crptocurrency FLiK and its trading platform CoinSpark. The SEC alleges that T.I. "offered and sold FLiK tokens on his social media accounts, ...

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Camilo Burr

Gay Employee Can Sue Church for Hostile Work Environment says the 7th Circuit

Posted by Camilo Burr on 09/09/2020

On September 1, 2020, the U.S. Court of Appeals for the Seventh Circuit ruled 2-1 that the ministerial exception does not bar an employee from bringing hostile work environment claims linked to protected traits such as sexual orientation and health conditions. In the case at hand, Sandor Demkovich v. St. Andrew the Apostle Parish, Calumet ...

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Alex B. Heller

Non-Existent Companies May Have Received More than $1 Billion in COVID-19 Aid

Posted by Alex B. Heller on 09/04/2020

According to a Bloomberg report, more than $1 billion of federal COVID-19 aid may have been sent to companies that don't exist or were ineligible to receive aid. The report analyzed data from the Small Business Administration (SBA) and found that in some parts of the country the SBA approved more $10,000 grants than the number of eligible ...

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Christopher M. Lash


Posted by Christopher M. Lash on 09/03/2020

On August 13, 2020, the Delaware Court of Chancery held that the "internal affairs doctrine" precludes a shareholder of a Delaware corporation which maintains its headquarters in a foreign jurisdiction from seeking to inspect corporate books and records under the law of a foreign jurisdiction. Instead, shareholders are limited to the inspection ...

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Raymond N. Barto


Posted by Raymond N. Barto on 09/02/2020

Judge William Aslup, of the Northern District of California, certified a class of direct purchasers of the diabetes drug, Glumetza, in a case alleging that defendants Bausch Health Co., its subsidiaries Santarus Inc. and Assertio Therapeutics Inc., and Lupin Pharmaceuticals Inc. violated the antitrust laws by conspiring to delay generic entry ...

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Patrick J. Collopy

Senate Democrats Propose College Athletes Bill of Rights

Posted by Patrick J. Collopy on 09/01/2020

On August 13, 2020, Senate Democrats announced the framework for a College Athletes' Bill of Rights seeking to "guarantee fair and equitable compensation, enforceable safety standards, and improved educational opportunities for all college athletes." This landmark proposal confronts unjust policies enacted by the National Collegiate Athletic ...

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Camilo Burr

9th Circuit Rules Amazon Drivers Don’t Have to Arbitrate

Posted by Camilo Burr on 08/31/2020

On August 19, 2020, in a 2-1 decision, the 9th Circuit affirmed a Washington District Court's decision rejecting Inc.'s plea to arbitrate wage claims brought by a class action of Amazon drivers alleging they were misclassified as independent contractors as opposed to employees. The 9th Circuit found that the Amazon drivers were ...

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