The War Against Pre-Dispute Arbitration Clauses Rages On
4/30/15
By: John H. Goselin, II and Benjamin Keck
On March 10, 2015, the Consumer Financial Protection Bureau (CFPB) released a 728-page “Arbitration Study.” According to the CFPB’s Arbitration Study, which primarily focused on credit card contracts, consumers are generally unaware …
BlackRock Advisors LLC and its Chief Compliance Officer Slapped for Failing to Properly Handle Conflicts of Interest Issues
4/28/15
By: John H. Goselin, II
Conflicts, conflicts as far as the eye can see! On April 20, 2015, the Securities and Exchange Commission announced a settlement with BlackRock Advisors LLC and its chief compliance officer arising from a failure to …
Eight Minutes Too Many: Supreme Court Decides that Traffic Stop Prolonged for Use of a Drug Detection Dog Violated the Fourth Amendment
4/24/15
By: Brian R. Dempsey
During a lawful traffic stop, a police officer can ask a driver to exit a vehicle, conduct a free-air drug sniff with a trained canine, and even investigate the possibility of criminal conduct which is unrelated …
New York AG Targets Rise of “On-Call” Retail Employees
4/15/15
By: Amanda M. Cash
New York’s Attorney General, Eric T. Schneiderman, recently launched an inquiry into 13 major retailers, including Gap, Abercrombie & Fitch, J. Crew Group, L. Brands, Burlington Coat Factory, TJX Companies, Urban Outfitters, Target, Sears, Williams Sonoma, …
FCC Commissioner Reiterates Need for FCC to Address TCPA Issues
4/9/15
By: Matthew N. Foree
Michael O’Rielly, the Commissioner of the Federal Communications Commission (FCC) addressed the Association of National Advertisers (ANA) last week. During his remarks, he discussed litigation under the Telephone Consumer Protection Act (TCPA), which he described as …
SEC Enforcement Action Challenges Employers on Restrictive Confidentiality Agreements
4/9/15
By: Behnam Salehi
On April 1, 2015, the Securities and Exchange Commission initiated its first enforcement action, pursuant to Rule 21F-17, against an employer (KBR) for stifling protected whistleblowing through overly restrictive employee confidentiality agreements. Rule 21F-17, a whistleblower provision …
Virginia Joins List of States Limiting Employer Access to Social Media Accounts
4/9/15
By: David A. Cole
Recently, Virginia enacted a new law that limits employer access to personal social media accounts of employees and job applicants. The law, which takes effect on July 1, 2015, prohibits employers in Virginia from requiring a …
Atlanta Public Schools Cheating Scandal – Civil Liability Next?
4/2/15
By: Wayne S. Melnick
On Wednesday, April 1, 2015, a Fulton County Superior Court jury handed down guilty verdicts to 11 of the 12 defendants charged in the notorious Atlanta Public Schools (“APS”) cheating scandal in which educators and administrators …