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Finra Issues Guidance Regarding Predispute Arbitration Agreements For Customer Accounts

Practice Area: infomedia

Finra Issues Guidance Regarding Predispute Arbitration Agreements For Customer Accounts

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FINRA recently issued Regulatory Notice 21-16 “FINRA Reminds Members About Requirements When Using Predispute Arbitration Agreements for Customer Accounts.” The Notice reminds members firms about certain requirements when using predispute arbitration agreements for customer accounts, as FINRA has recently become aware of customer agreements containing provisions that do not comply with FINRA rules. Under FINRA…
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Us Department Of Labor Withdraws Independent Contractor Rule

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On May 6, 2021, the U.S. Department of Labor (“DOL”) announced the withdrawal of the “Independent Contractor Rule”, which was established in the last days of the Trump Administration. This rule would have established a uniform standard for determining a worker’s status as an “independent contractor” under the Fair Labor Standards Act (“FLSA”). The FLSA…
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Holcim Reaches Settlement Over Alleged Illegal Leachate Discharges

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On April 28, 2021, the Department of Justice lodged a proposed consent decree with the United States District Court for the Northern District of New York in the lawsuit entitled United States and State of New York v. Holcim (US) Inc., CV No. 1:21-cv-490.  The United States and the State of New York filed the…
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Texas Appellate Court Reaffirms Holding That Certificate Of Merit Addressing Individual Engineer’s Alleged Negligence Satisfies Requirements As To The Employer

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In Carlson, Brigance & Doering, Inc. v. Compton, 2020 WL 7233612 (Tex. App. Dec 8, 2020) the Court of Appeals of Texas held that a Certificate of Merit addressing the alleged negligence of an individual engineer does not have to separately address the employer’s alleged negligence arising out of the same acts or omissions.  Forestar…
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Supreme Court Of Texas Holds That Appellate Court Erred In Reversing Grant Of Summary Judgment For General Contractor On Negligence Claim Brought By Employee Of Its Independent Contractor

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In JLB Builders, L.L.C. v. Hernandez, the Supreme Court of Texas analyzed whether the Texas Court of Appeals erred in finding a fact issue existed as to whether a general contractor on a construction project owed a duty of care to a concrete subcontractor’s employee who was injured on the job. 2021 WL 1822947, at *1 (Tex….
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Order To Conduct Telephonic Benefit Review Conferences Extended Until July 29, 2021

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On March 18, 2020, pursuant to §§ 12-2-30(b)(8) and 25-5-12, Ala. Code 1975, on March 18, 2020, Chief Justice Tom Parker issued “Administrative Order Concerning Workers’ Compensation Cases During the Period of Suspension of In-Person Proceedings”, authorizing circuit judges to conduct workers’ compensation settlement hearings telephonically or by videoconferencing.  This Order also authorized the use…
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Sec Division Of Examinations Announces 2021 Examination Priorities

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The SEC Division of Examinations recently announced its examination priorities for fiscal year 2021, discussing key risks, trends, and examination priorities in an overall effort to promote and improve compliance. The two largest programs run by the Division, Investment Adviser/Investment Company Program and Broker-Dealer and Exchange Program, focus on the protection of retail investors and…
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Supreme Court Dismisses Florida’s Case Against Georgia Over Water Use In The Apalachicola Chattahoochee Flint River Basin

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In an April 1, 2021 ruling, the U.S. Supreme Court unanimously dismissed Florida’s claims against Georgia in a long-running dispute over the use of water in the Apalachicola-Chattahoochee-Flint (ACF) river basin. State of Florida v. State of Georgia, 141 S.Ct. 1175 (2021).  The court rejected Florida’s request for an order requiring Georgia to reduce its…
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Southern District Of Florida Holds That Pedestrian Bridge Consultant Is Not Subject To Professional Negligence Statute Of Limitations Due To Lack Of Contractual Privity With Bridge Owner

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In March 2018, a pedestrian bridge collapsed at Florida International University (“FIU”) in Miami-Dade County, Florida. Magnum Construction Management, LLC v. WSP USA Solutions, Inc., 2021 WL 799448 (S.D. Fla. 2021). FIU had retained Plaintiff Magnum Construction Management, LLC (“Magnum”) to design and construct an elevated pedestrian bridge. Magnum contracted with FIGG Bridge Engineers, Inc….
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