The U.S. Securities and Exchange Commission (SEC) has charged two major financial advisory firms, Wells Fargo and Merrill Lynch, with compliance failures related to their cash sweep programs. The firms have agreed to pay a combined $60 million in penalties as part of a settlement. The SEC found that both companies failed to implement adequate…
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In the recently decided case, Holleman v. Golden Nugget Lake Charles, LLC, 2024-70 (La. App. 3 Cir. 11/27/24), the Louisiana Court of Appeals reversed the summary judgment granted in favor of an architectural firm. Holleman involved personal injury claims brought against the Golden Nugget Casino and the architectural firm Bergman Walls for alleged injuries suffered…
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In Moyer v. Doug Lasher Construction, Inc., 560 P.3d 1114, 1116 (2024), the Idaho Supreme Court issued an opinion that clarifies several critical issues in construction law and the application of the statute of limitations on summary judgment. Plaintiff Moyer (“Moyer”) entered into an agreement with Defendant Doug Lasher Construction (“Lasher”) for the construction of…
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The cyber insurance market indisputably has experienced a “boom” in recent years, with some sources reporting more than 30% in annual growth in the market over the past decade. With this exponential growth has come a corresponding increase in cyber insurance claims, which must be fielded by adjusters in real time, often with a lack…
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Just a month into his second term, President Donald Trump has already begun to make major changes at the Equal Employment Opportunity Commission. One of President Trump’s first actions was appointing Commissioner Andrea Lucas (“Lucas”) as Acting Chair for EEOC. Lucas has served on EEOC’s panel since 2020, when President Trump first appointed her as…
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On February 3, 2025, the District Court for the District of North Dakota ruled in favor of 20 Republican-led states in their challenge against the Council on Environmental Quality’s (CEQ) Phase II National Environmental Policy Act (NEPA) regulations, finalized in 2024. See State of Iowa v. Council on Envtl. Quality, 1:24-cv-089 (D.N.D. Feb. 3, 2025)….
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Insurers who issue liability policies that include self-insured retentions (SIRs) have limited obligations to their insureds unless and until the damages and claim expenses exceed the SIR amount. So, what happens if the insured does nothing to defend themselves, resulting in the entry of a default judgment in an amount exceeding the SIR? Under Georgia…
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On December 19, 2024, the EEOC published a new fact sheet titled “Wearables in the Workplace: The Use of Wearables and Other Monitoring Technology Under Federal Employment Discrimination Laws.” The purpose of the fact sheet is to provide guidance to employers that implement wearable technologies in the workplace. Wearable technologies are devices worn on the…
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On December 16, 2024, the EPA released Preliminary Effluent Guidelines Program Plan 16 (Preliminary Plan 16). The EPA prepares Preliminary Effluent Guidelines Program Plans pursuant to Clean Water Act (CWA) section 304(m). A preliminary plan describes the EPA’s annual review of effluent guidelines and pretreatment standards consistent with CWA sections 301, 304, and 307. In…
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In Bandklayder Development, LLC v. Sabga, Plaintiffs Joseph and Dunia Sabga (“Plaintiffs”) brought an action alleging breach of contract, violation of the Florida Building Code, and breach of implied warranty of fitness against residential developer, Bandklayder Development, LLC (“Defendant”). Bandklayder Dev., LLC v. Sabga, No. 3D23-1906, 2025 WL 15275, at *1 (Fla. 3d DCA Jan….
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