In a TCPA class action 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 Telephone Consumer Protection Act and Unwanted Texts The case arose under the Telephone Consumer Protection Act … [Read more...]
ETF Fraud on the SEC’s Radar: Compliance Office Targets Exchange-Traded Funds
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 securities 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 … [Read more...]
Employee vs Independent Contractor: How California Law Protects Workers
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...]
Class Action Waivers: CFPB Takes a 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...]
OIG Work Plan Provides Strong Clues on Trends in Healthcare Fraud
The U.S. Department of Health and Human Services (HHS) is the federal agency that runs the Medicare and Medicaid programs. Within the Department, the Office of the Inspector General (OIG) is charged with preventing fraud on the Medicare and Medicaid programs, and identifying and holding accountable those that have abused their role as healthcare providers. OIG conducts audits, investigations, and evaluations of Medicare and Medicaid, and works closely with attorneys within HHS and at the U.S. … [Read more...]
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