Claire Beniga, Author at Keller Grover

U.S. Supreme Court Backs Important Class Action Principle, For Now

In a decision issued on January 20, 2016, the U.S. Supreme Court pushed back against efforts by defendants to buy off the named plaintiff in order to avoid class action litigation. In Campbell-Ewald vs. Gomez, the Court ruled that a complete offer of relief by the defendant that is rejected by the representative plaintiff does not moot the class action case. The case arose under the Telephone Consumer Protection Act (TCPA), which prohibits telephone solicitations using an automated dialing … [Read more...]

SEC Compliance Office to Focus on Exchange-Traded Funds in 2016

The Securities and Exchange Commission’s Office of Compliance Inspections and Examinations recently announced its priorities for 2016. The OCIE conducts examinations of the securities industry with the goal of improving the integrity of the capital and securities markets. The OCIE focuses on improving compliance, preventing fraud, monitoring risk and advising the full Commission on policy. One of the OCIE’s priorities for 2016 is to closely examine exchange-traded funds, known as ETFs. An ETF … [Read more...]

California law proactive in protecting employees

California protects working conditions for employees in the state through a broad set of laws, rules and regulations. For example, California employers must pay their employees a minimum hourly wage (now at $9.00 per hour) and, generally speaking, one-and-a-half times the minimum wage for overtime work of more than 8 hours in a day or more than 40 hours in a workweek. There are exceptions for professional, managerial or technical employees who are exempt from the minimum wage laws. Employers in … [Read more...]

Consumer Financial Protection Bureau Takes Stand Against Arbitration Agreements That Ban Class Actions

After unprecedented levels of fraud by banks put the U.S. into the Great Recession in 2008, Congress created the Consumer Financial Protection Bureau to rein the abuse practices of consumer financial companies. This includes banks, credit unions, mortgage lenders, payday lenders, private education lenders, debt collectors, and credit reporting companies. Congress authorized the CFPB to enforce existing consumer financial protection laws and propose new regulations to protect consumers from … [Read more...]

21st Century Oncology Data Breach

Keller Grover LLP is investigating a medical data breach involving 21st Century Oncology. According to a data breach notification recently sent to affected patients, an unauthorized person may have accessed and obtained patient information from a 21st Century Oncology database in October 2015. The patient information included patient names, Social Security numbers, physicians’ names, diagnosis and treatment information, and insurance information. Negligent release and disclosure of personal … [Read more...]