Employer Reporting Deadlines Fast Approaching
9/20/12
By: Ben Mathis
For many employers, the deadline to file various reports to federal agencies regarding their employers is September 30th. This includes filings for EEO-1, the Employer Information Report, and the Veterans Employment Report, commonly known as the VETS-100 …
FINRA Clarifies “Know Your Customer” and “Suitability” Rules
9/17/12
By: Joyce Mocek
FINRA Rule 2090, effective July 9, 2012, has streamlined and replaced the former NASD Rule 405, the “Know Your Customer” standard. The new rule contains a “reasonable diligence” standard, compared to the old rule requirement of “use …
Hospital Found Liable After Lawyers Intimidate Expert
9/17/12
By: Scott Rees
A default judgment was recently entered against a local hospital, based on the actions of its attorneys. In entering the default judgment, the judge determined that the local hospital’s attorneys intimidated the plaintiff’s expert physician witness to …
Use of Drones in Law Enforcement – A Good Idea?
9/14/12
By: Sun Choy
USA Today recently reported that the International Association of Chiefs of Police issued advisory guidelines for the use of drones by law enforcement. While the number of drones in use is relatively low, the IACP anticipates …
Data Breach Rising Liability Concern For Businesses
9/11/12
By: Kelly Morrison
Data breaches and technology-related legal claims against companies, along with their officers and directors, are increasing. As this is a developing area of the law, awareness of the risk and associated liabilities are a weak point for …
"Show Me Your Papers" Upheld by Arizona Federal Judge, Echoing Georgia Ruling
9/7/12
By: Kelly Morrison
A federal judge ruled Wednesday that Arizona authorities can enforce the most contentious section of the state’s immigration law, which critics have dubbed the “show me your papers” provision.
The ruling by U.S. District Judge Susan Bolton …
Recent Court Rulings Suggest Homeowners’ Associations May Selectively Enforce Covenants
9/6/12
By: Marc Bardack
In two recent rulings, state trial court judges have rejected homeowner claims against homeowners associations (HOAs) for failing to enforce covenants against a neighbor. These rulings raise the question of whether HOA’s can enforce neighborhood covenants selectively …
FDIC Continues to Pursue Directors and Officers
9/4/12
By: Ben Mathis
The FDIC continues to file a number of claims around the country against directors and officers of failed financial institutions. Recent decisions in Georgia, however, have raised the bar in holding that the business judgement rule requires …
NLRB Finds Blanket Policy Requiring Employee Confidentiality During Internal Investigations Unlawful
9/1/12
By Brad Adler and La’Vonda McLean
In most employee investigations, employers understandably direct that the participants (including witnesses) refrain from discussing the investigation with other employees. Now, the employee-friendly NLRB has weighed in on this previous uncontroversial issue and placed …
Recent Court Rulings Suggest Homeowners’ Associations May Selectively Enforce Covenants
9/1/12
By Marc Bardack
In two recent rulings, state trial court judges have rejected homeowner claims against homeowners associations (HOAs) for failing to enforce covenants against a neighbor. These rulings raise the question of whether HOA’s can enforce neighborhood covenants selectively …