The standards that ERISA fiduciaries owe to the plans they oversee have been called “among the highest duties known to law... more exacting than the duties imposed upon common law trustees.” In recent years, ERISA fiduciaries of retirement plans have experienced heightened scrutiny from plan Continue Reading
Reuters Legal News | When Stolen Crypto is Recovered, Who Is Entitled to Restitution?
It was a Bitcoin hack so big and complex that the laptop used to trace and recover the stolen coins will soon be on display at the Smithsonian. There was a recovery effort so grand it yielded 80% of the stolen Bitcoin and the largest forfeiture in the history of the Department of Justice. The Continue Reading
AdExchanger | Maryland Is The New State To Watch When It Comes To Data Privacy
There are now 19 states that have enacted comprehensive consumer data privacy laws, eight of which are currently in effect. When talk turns to the most impactful of these state privacy laws, the conversation usually starts and stops with California. However, recent developments should alter Continue Reading
Employee Relations Law Journal | ERISA Forfeiture Litigation: The New Frontier
There have been important developments from the Internal Revenue Service (IRS) as well as pending court cases regarding the proper use of forfeitures which arise under defined contribution plans, such as 401k plans. These developments present potential conflicts and liabilities that employers and Continue Reading
Reuters Legal News | Valuing Crypto in the Bankruptcy Multiverse
The recent bankruptcy filings by several major crypto platforms have given rise to unexpected realities for customers and investors. The sudden change in rights, legal exposure in bankruptcy litigation and varying outcomes in the several different proceedings can be reminiscent of a Hollywood Continue Reading
Reuters Legal News | Debtors Without a Cause: Whether Non-Distressed Entities Can Access Bankruptcy
The benefits afforded debtors in bankruptcy are so compelling that businesses have initiated bankruptcy proceedings without experiencing insolvency or imminent financial distress. But do such businesses have the right to do so? With no express guidance under the Bankruptcy Code, and no bright Continue Reading
O’Dwyers Public Relations | Going for Olympic Gold: Marketers Hope To Reach the Podium in Paris, Even if Not on the “Official” Team
Just about everyone dreams of participating in the Olympics – walking among the parade of nations being draped with a bronze, silver, or maybe even gold, medal. Most learn at an early age that we possess neither the skill nor the single-minded discipline necessary to fulfill this dream. So, we Continue Reading
Reuters Legal News | The Case of Fruity Pebbles: ‘Stone-Age’ Use Does Not Guarantee Trademark Protection in Colors
A specific color or color combination can be the subject of common law trademark protection and/or federal registration with the U.S. Patent and Trademark Office ("USPTO") in certain circumstances, though it can be challenging to protect and register a color mark. Some well-known examples of Continue Reading
O’Dwyer’s Public Relations | Applying Attorney-Client Privilege to PR & Comms
Public relations firms are increasingly occupying an important seat at the table when their clients confront a crisis of one type or another. The 24-hour news cycle and the constant availability of “trending” information on social media have only exacerbated the need for effective strategic Continue Reading
AdExchanger | Advertisers Take Note: State Laws Zero In On Protecting Kids’ Digital Privacy Rights
US state comprehensive privacy laws like the California Consumer Privacy Act (CCPA) have been garnering much attention over the past year. However, new requirements with respect to the processing of children’s data are occurring at the US state level and seemingly flying below the Continue Reading