On December 29, 2022, President Biden signed into law the Consolidated Appropriations Act, 2023, which contains an impressive collection of retirement plan reform provisions, popularly known as "SECURE 2.0." While certain elements of SECURE 2.0 build on provisions of other recent retirement reform, Continue Reading
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
AdExchanger | Clean Rooms Aren’t A Data Free-For-All
Clean rooms are all the rage these days. They enable parties to engage in certain data processing activities in a more secure and privacy-friendly manner. Putting data in the possession of a presumably trusted third party makes a world of sense. But while clean rooms are very useful for some Continue Reading
Reuters Legal News | No Guarantee Systemic Risk Exception Will Save the Next Bank
As observed with the rescue of Silicon Valley Bank (SVB) and Signature Bank, the systemic risk exception allows the Federal Deposit Insurance Corporation (FDIC) to intervene in situations where the stability of the financial system is at risk. Although it was deployed in the 2008 financial crisis Continue Reading
AdExchanger | So I’m a Third Party, Not a Service Provider. Now What?
Companies throughout the ad tech ecosystem are reckoning with the fact that, due to the revised definitionof “business purpose” in the California Privacy Rights Act (CPRA), which amends the California ConsumerPrivacy Act (CCPA), they may no longer qualify as “service providers” under California Continue Reading
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
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
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
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
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