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Publication

Employee Relations Law Journal | Plan Fee Litigation: The Tide May Be Turning in Favor of Plan Fiduciaries

For many years, plan sponsors and other fiduciaries have been caught in a whirlwind of litigation primarily related to 401(k) and 403(b) plan fees. Many of these cases have settled resulting in plan fiduciaries having to pay many millions of dollars. Other cases have resulted in adverse decisions Continue Reading

Publication - February 6, 2023

AdExchanger | So I’m a Third Party, Not a Service Provider. Now What?

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Publication - January 30, 2023

Reuters Legal News | Bankruptcy Relief for Cannabis-adjacent Debtors? It Gets Hazy

You may have heard this before: As cannabis remains a Schedule I drug under the federal Controlled Substances Act ("CSA"), cannabis companies cannot seek bankruptcy relief under federal law. Not so fast. Access to bankruptcy can be highly fact-dependent. When the debtor in question is adjacent to Continue Reading

Publication - January 25, 2023

Reuters Legal News | Clawback to the Future: Avoidance Actions in Crypto Bankruptcies

When the history books are written, it may be said that the biggest event to shake the crypto world was not the crypto bankruptcies of 2022, but rather, the clawback of billions of dollars in crypto value in those bankruptcies. Since summer 2022, five major crypto companies have filed bankruptcy: Continue Reading

Publication - January 13, 2023

PR News | Protecting Companies from Being Victims in the Next Ye Controversy

Kanye West’s (aka Ye) recent fall from grace demonstrates the risks PR pros and marketers take when engaging with celebrity talent. Decisions of high-profile companies to halt ties with Ye demonstrate the need for a strong, well-drafted morals clause. Continue Reading

Publication - December 19, 2022

Employee Relations Law Journal | To Disclose or Not to Disclose: Key Takeaways from the CAA’s New Broker and Consultant Compensation Disclosure Requirements

2022 has proven to be a pivotal year for group health plans, as many new rules and compliance requirements take effect. Of note, the Consolidated Appropriations Act ("CAA"), signed into law on December 27, 2020, introduced a new requirement that, starting December 27, 2021, brokers and consultants Continue Reading

Publication - December 6, 2022

Reuters Legal News | New Privacy Laws in 2023 – Considering Draft Regulations in Colorado

Data privacy has been a hot topic throughout 2022. As companies are preparing for 2023, they should be prepared for upcoming state privacy laws in states such as California and Colorado. In a previous article, ("New privacy laws in 2023 - considering draft regulations," Reuters Legal News, Nov. 16, Continue Reading

Publication - November 23, 2022

Reuters Legal News | New Privacy Laws in 2023 – Considering Draft Regulations

There are five states with new comprehensive consumer privacy laws taking effect in 2023 — California, Virginia, Colorado, Utah and Connecticut. While businesses are well-advised to start their compliance efforts early, the lack of final implementing regulations from some states makes complete Continue Reading

Publication - November 18, 2022

Reuters Legal News | Understanding the Hunstein Decision’s Impact on Debt Collection

An 11th U.S. Circuit Court of Appeals case has left the debt collection world on pins and needles for a year wondering if a ministerial part of their business practice was suddenly a violation of the Fair Debt Collection Practices Act (FDCPA). For years, it was common practice to share consumer debt Continue Reading

New Risks, Regulations and Enforcement in Lending Markets, Publication - November 2, 2022

Reuters Legal News | Repurchase Agreement Redux: Mortgage Loan Originator Bankruptcies Are Back

The reasons may be different, but mortgage loan originator bankruptcies are making headlines for the first time since the run-up to the 2008 financial crisis. Climbing interest rates on top of high home values have resulted in a sharp drop in origination volume on the heels of rapid growth and Continue Reading

Publication - October 12, 2022

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