Top Issues for an Acosta Labor Department: Overtime, Gig Workers and the Fiduciary Rule
May 02, 2017
Secretary of Labor Alexander Acosta, who was confirmed by the Senate late last month, is a veteran government official who is set to hit the ground the running. What direction can labor and employment attorneys expect him to take the agency charged with enforcing many of the nation's workplace laws, and what are issues to watch in the early days?
Drug & Device News
May 02, 2017
Discussion of a case in which 64 people died and nearly 700 more were sickened in 2012 after receiving injections of steroids prepared at the New England Compounding Center in Framingham, MA.
BIT PARTS
May 02, 2017
California Court of Appeal Interprets Incontestability Clause in Profit Participation Agreements<br>Eleventh Circuit Affirms Counterfeit DVDs Restitution Award for Hollywood Studios
A 'Loss' Under the CFAA Does Not Require Interruption of Service
May 02, 2017
<b><I>What Federal Appellate Courts Agree Upon with Regard to the CFAA</I></b><p>Under the Computer Fraud and Abuse Act (CFAA), 18 U.S.C. § 1030, which was originally enacted in 1984 to address "computer crime," the success of CFAA claims can sometimes ride on whether "authorization" connotes restrictions only on the access to information, and not restrictions on its use. This article focuses on what federal appellate courts agree upon with regard to the text of the CFAA.
Development
May 02, 2017
A look at a case involving a billboard variance.
Structured Dismissals in Deviation of the Bankruptcy Code Priority Scheme
May 02, 2017
In a recent decision, the U.S. Supreme Court held that, without the consent of impaired creditors, a bankruptcy court cannot approve a "structured dismissal" that provides for distributions deviating from the ordinary priority scheme of the Bankruptcy Code. The ruling carries with it implications that may affect both pending and future bankruptcy proceedings.
SEC Takes Aim at Political Contributions By Investment Advisers
May 02, 2017
While it remains unclear both when the regulators will invoke their authority to enforce the nearly limitless strict liability provision of the "pay-to-play" rules and how they will determine the appropriate remedy, the recent settlements and the SEC's handling of exemptive relief petitions may provide some clues.
Trust Drafting Tips: How to Make Trusts Harder to Reach in Divorce
May 02, 2017
<b><I>Part One of a two-Part Article</I></b><p>Trusts have traditionally been used to protect wealth from divorce. However, what many estate planners refer to as "traditional" trust draftingis not nearly as effective at protecting wealth from the potential risks of divorce as approaches advocated by what some loosely refer to as "modern trust drafting."