News & Insights

Finra Seeks Comment On Proposed Amendments To Finra Rule 2165

In 2019, FINRA launched a retrospective review to assess the effectiveness and efficiency of its rules and administrative processes meant to help protect senior investors from financial exploitation.  Based on feedback received during the review, FINRA is now proposing amendments to Rule 2165 regarding financial exploitation of specific adults to extend the hold period and…
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Georgia Appellate Court Finds Question Of Material Fact Regarding Whether A Materialmen’s Lien Attaches Based Upon Entity Name In Subcontract

In Optum Construction Group, LLC et al. v. City Electric Supply Company, 2020 WL 5792581 (Ga. App. 2020), appellee City Electric Supply Company (“City Electric”) furnished materials to Palmetto Power Services, LLC (“Palmetto Services”), an entity that represented itself as a subcontractor for a hotel construction project on which appellant Optum Construction Group, LLC (“Optum”)…
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President Trump’s Order On Combating Race And Sex Stereotyping And How It Impacts Government Contractors

President Trump recently signed Executive Order 13950, Combating Race and Sex Stereotyping (the “EO”), which seeks to “combat offensive and anti-American race and sex stereotyping and scapegoating,” and end “divisive concepts” covered in some of these workplace trainings. The EO establishes requirements aimed at “promoting unity in the Federal workforce,” by prohibiting messages in workplace…
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D.C. Circuit Refuses To Impose Deadline On Epa To Submit Tmdl

The United States District Court for the D.C. Circuit has denied an environmental advocacy group’s motion to reconsider the Court’s 2018 ruling giving Environmental Protection Agency’s (EPA) discretion as to how to establish a new “total maximum daily load” (“TMDL”) for trash in the Anacostia River.  Plaintiff Natural Resources Defense Council (“NRDC”) argued little progress…
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Finra Issues Guidance

FINRA recently issued Regulatory Notice 20-30 “Fraudsters Using Registered Representatives Names to Establish Imposter Websites.” The Notice warns of individuals maliciously using publicly available information regarding registered representatives in order to create “imposter websites” exhibited as the registered representative’s personal website. Through these “imposter websites,” individuals are able to collect personal information from potential customers…
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Nlrb Issues Guidance On Covid-19

The National Labor Relations Board (“NLRB”) recently addressed the issue of COVID-19 for the first time since the pandemic. The NLRB issued a series of advice memoranda instructing its regional offices to dismiss various COVID-19 related charges against employers. Over the course of five memoranda, the NLRB concluded: (1) an employer is not obligated to…
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Florida Appellate Court Interprets Section 713.18, Florida Statutes, To Permit Service On Last Known Address Of Party, Despite Filing Of Notice Of Commencement Listing Differing Address

In Fettig’s Constr., Inc. v. Paradise Properties & Interiors LLC, the Florida District Court of Appeals, Fourth District, analyzed whether absence of a notice of commencement is a prerequisite to a contractor’s ability to serve its claim of construction lien on the last known address of the party to be served pursuant to the requirements…
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Third Circuit Holds Cercla Contribution Claims Not Extinguished By State Cleanup Settlement

The U.S. Court of Appeals for the Third Circuit has ruled a potentially responsible party’s (PRP) settlement with New Jersey resolving its state-law liability in connection with contamination at a municipal landfill did not protect it from third-party lawsuits seeking contribution toward expenditures made by EPA on the same site.  New Jersey Department of Environmental…
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Alabama Supreme Court Authorizes Workers’ Compensation Settlement Approval Hearings Via Telephonic And Video Conferences

On March 18, 2020, in the wake of the COVID-19 pandemic, the Alabama Supreme Court entered its “Administrative Order Concerning Workers’ Compensation Cases During the Suspension of In-Person Proceedings”.  The Administrative Order allows circuit court judges and Ombudsmen of the Alabama Department of Labor to approve any worker’s compensation settlement via telephonic or video conferencing….
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