Document(s) published by this organization: 38
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|Participant’s Estate Fails to Show a Claim For Failure to Give Notice of Right to Continue Life Insurance Coverage: Estate of Moceri v. Ratner Companies, LC|
Mark S. Thomas; Williams Mullen;
May 6, 2015, previously published on April 24, 2015Providing a practical lesson on determining a duty to give notice to ERISA participants, the U. S. District Court for the Middle District of Florida dismissed the claim by the estate of an ERISA group life insurance plan participant for a fiduciary’s alleged failure to give timely notice of...
|CFPB, Virginia Attorney General Target Payday and Auto Title Lenders|
J.P. McGuire Boyd, Alan Bradley Clark; Williams Mullen;
May 6, 2015, previously published on April 27, 2015Section 1031 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (“Dodd Frank”) authorizes the Consumer Financial Protection Bureau (“CFPB”) to issue rules to prevent unfair, deceptive, or abusive acts or practices in consumer financial markets. Under this broad...
|EEOC Issues Important Proposed Rule Governing Employer Wellness Programs|
Edward S. Schenk III; Williams Mullen;
April 27, 2015, previously published on April 22, 2015On April 16, 2015, the Equal Employment Opportunity Commission (EEOC) published a proposed rule further addressing increasingly popular employer “wellness programs.” These programs generally incentivize employees to make healthier lifestyle choices by participating in nutrition and...
|NLRB and SEC Impose Restrictions on Workplace Policies and Confidentiality Agreements|
Lynn F. Jacob, Amanda M. Weaver; Williams Mullen;
April 23, 2015, previously published on April 10, 2015 During the last few years, the National Labor Relations Board (“NLRB”) has been aggressively reviewing employers’ confidentiality policies, as well as other work rules regarding, among other things, social media, use of the employer’s computer, workplace civility,...
|Clearing Up the Confusion as to Preclusion: Supreme Court’s Trademark Ruling Gives Deference to the Trademark Trial and Appeal Board (TTAB)|
Thomas F. Bergert, Neil Magnuson, Amy G. Marino, Richard T. Matthews, Robert C. Van Arnam; Williams Mullen;
April 15, 2015, previously published on March 27, 2015 The U.S. Supreme Court on Tuesday ruled that federal court decisions on “likelihood of confusion” can be precluded by earlier findings on the same issue from the Trademark Trial and Appeal Board (“TTAB”). Following an 18-year fight between B&B Hardware Inc. and Hargis...
|FAA Interim Policy Further Supports Section 333 Exemption Process|
Judy Lin Bristow, Kevin D. Pomfret; Williams Mullen;
April 15, 2015, previously published on April 02, 2015Last week, the Federal Aviation Administration (FAA) announced an interim policy that it hopes will facilitate the use of Unmanned Aircraft Systems (UAS), commonly referred to as “drones,” for commercial purposes.
|Trinity Wall Street v. Wal-Mart Stores, Inc.: Is it About Guns on the Shelves or Guns in the Streets?|
Charles Everett James, Camden R. Webb; Williams Mullen;
April 15, 2015, previously published on April, 02.2015 In late November of 2014, a federal district court in Delaware ruled that Wal-Mart must include in its 2015 proxy materials a shareholder proposal seeking heightened board oversight concerning the societal, community, and reputational effects of the company’s sale of certain products,...
|Sixth Circuit Overturns the Lower Court’s Award of $3.8 Million in Alleged Profits Arising From a Denial of Benefits|
Mark S. Thomas; Williams Mullen;
April 13, 2015, previously published on March 11, 2015The U. S. Court of Appeals for the Sixth Circuit, sitting en banc, has overturned the decision of a divided three-judge Sixth Circuit panel which had affirmed the district court’s award of $3.8 million of “disgorged” profits, in a case involving the denial of long-term disability...
|Fourth Circuit Dismisses EEOC’s Background Check Lawsuit Based on Its Reliance on “Laughable” And Unreliable Expert Report Filled With “Errors and Analytical Fallacies”|
Daniel P. Watkins; Williams Mullen;
March 24, 2015, previously published on March 18, 2015Earlier this session, in Equal Employment Opportunity Commission (“EEOC”) v. Freeman, No. 13-2365 (4th Cir. Feb. 20, 2015), the Fourth Circuit affirmed the award of summary judgment against the EEOC in its suit alleging that the defendant’s use of credit and criminal background...
|U.S. Supreme Court’s Decision in Direct Marketing - Out of State Retailers may be in for a Shock!|
Stephanie Lipinski Galland; Williams Mullen;
March 24, 2015, previously published on March 6, 2015The U.S. Supreme Court has ruled in one of the three state and local tax cases argued in this term - Direct Marketing Association v. Brohl, 575 U.S. &under;&under;(2015)