LEGAL UPDATE: Fiduciary “Conflict of Interest” Rule’s Delayed Applicability for Certain Provisions January 10, 2018- A presidentially mandated review by the Department of Labor (DOL) of the regulation known as the Fiduciary Conflict of Interest rule has resulted in certain provisions of the original rule being set forth and some requirements of the rule being further delayed, moving the deadline of complete implementation to July 1, 2019.
PRO BONO UPDATE: Let’s Talk About Voting, Personal Identifiable Information (PII) and Privacy Rights November 10, 2017- What is the Interstate Crosscheck program? What does it have to do with voting and Personal Identifiable Information (PII)? Is your PII vulnerable to hackers because your state participates in crosscheck?
Wall Street Over Main Street? The Death of the Arbitration Rule in Consumer Contracts November 9, 2017- Before the Wells Fargo fake accounts and Equifax data breach of 2017 but long after the mortgage fraud activity that brought about the 2008 housing recession, the Consumer Financial Protection Bureau (CFPB) proposed a small-but-mighty rule that would ban mandatory arbitration clauses from consumer financial companies’ contracts.
Precedent Set in Missouri Construction Contract Cases Using the Spearin Doctrine August 25, 2017- In a 42-page decision, the Missouri Court of Appeals interpreted two questions of first impression in connection with a construction contract claim against a public entity.
The Disputed Landscape of Arbitration Clauses in Consumer Contracts April 21, 2017- In May 2016, the Consumer Financial Protection Bureau (CFPB) proposed a rule that would ban mandatory arbitration clauses from consumer financial companies’ contracts. The CFPB proposal would apply to most consumer financial markets that involve lending money, storing money, and moving or exchanging money.
VW Emissions Cheating Scandal – UPDATE April 20, 2017- In the aftermath of the emissions cheating scandal, Volkswagen AG is on clean-up, figuratively and literally, after formally pleading guilty in Michigan federal court to three criminal charges on March 10, 2017, and agreeing to pay $4.3 billion in penalties as per the settlement agreement reached with the U.S. Department of Justice and U.S. Customs […]
House Bill 104: Missouri’s Prevailing Wage Law May Be Repealed April 4, 2017- On Tuesday, March 28, the Missouri House of Representatives passed House Bill 104 by a vote of 89-60, initiating action to repeal the state’s prevailing wage requirement for public construction projects.
New York Department of Financial Services Proposes New Regulation Governing the Practice of Increases in Life Insurance Premiums. March 22, 2017- New York State Department of Financial Services (DFS) has proposed a regulation to govern life insurance company practices related to increases in the premiums of certain life insurance and annuity policies.
Forced Arbitration Clauses Contribute to Wells Fargo Fake Accounts Scandal November 22, 2016- September 23, 2016 U.S. Senate Letter to John Stumpf, CEO, Wells Fargo.
Guardrail “Qui Tam” Case on Appeal November 22, 2016- I. Introduction In March 2012, a Qui Tam (False Claims Act) petition was filed in the United States District Court for the Eastern District of Texas by Joshua Harman on behalf of the United States of America against Trinity Industries, Inc., relating to design modifications for a guardrail end terminal system that were allegedly not […]
The VW Emissions Scandal July 12, 2016- After years of marketing “Clean Diesel” as an alternative to hybrid and electric vehicles in an effort to win over environmentally conscious consumers – and gaining a U.S. market share of 70 percent of passenger-cars – the Volkswagen company’s diesel emissions scandal has rocked the trust of its customer base worldwide. The automaker is now […]
Department of Labor Final Fiduciary Rule and Current Landscape of Litigation July 6, 2016- Synopsis of the New Fiduciary Rule On April 8, 2016, the Department of Labor (DOL) published the final new fiduciary rule under the Employee Retirement Income Security Act (ERISA) in the Federal Register. The new rule is the first financial advisory regulatory initiative with substantive changes in more than 40 years, despite a financial market […]