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Perceived Conservative Justice Pens Liberal Outcome in SCOTUS Case

Commentators remarking on U.S. Supreme Court Justice Neil Gorsuch have widely perceived during that jurist’s short tenure thus far that he is a solidly conservative voice on the court. Gorsuch is believed to favor big business and entrenched commercial interests pursuant to a so-called “textualist” philosophy. That mindset espouses statutory interpretation without regard to underlying […]

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How Key is Whistleblower Participation in Government Fraud Matters?

Commentators on the U.S. False Claims Act (FCA) often spotlight the year 1986 as being clearly relevant for money recoveries against wrongdoers seeking to defraud the federal government. A recent article on FCA clawbacks against government fraud duly notes that year, as do we on a website page at Shepherd, Finkelman, Miller & Shah (SFMS) […]

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The Slippery Slope of Workplace Harassment Begins With Defining It

A vendor that regularly visits your company can’t seem to ever leave the premises without first telling a few off-color jokes. A handful of office regulars generally seem to find his puns humorous and a welcome respite to workplace routine. Others are often offended. An office manager at your business firm routinely schedules performance checkups […]

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FINRA Targets Non-Attorneys Representing Clients in Arbitration

The Public Investors Arbitration Bar Association has known of a troublesome arbitration-linked fact for some time. So too have proven securities law attorneys who diligently represent clients in private arbitration matters before the Financial Industry Regulatory Authority. That it this: Material harm has been suffered by many investors over the years who have relied upon […]

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Former NHL Player Sues New Jersey Devils For Concealing Risk of Head Injury

On January 3, 2019, former National Hockey League (“NHL”) player, Michael Peluso (“Peluso”), sued the New Jersey Devils (“the Devils”) in the United States District Court for the District of New Jersey, alleging that the professional hockey team failed to disclose the risk of long-term neurological issues resulting from further head injuries. According to the […]

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Employers’ Progressive Disciplinary Policies: the Written Warning

Employers in Connecticut and elsewhere are obviously buoyed by opportunities they timely identify and take advantage of to grow their businesses and prosper over the long term. At the same time, conscientious commercial managers focus unwaveringly on business challenges that serve as obstacles to company success. Those can beam in from just about anywhere, owing […]

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Transamerica Faces 401(k) ERISA Class Action

On December 28, 2018, a proposed class of approximately 17,000 participants in the 401(k) Plan for Transamerica Corp. (“Transamerica”) sued the financial services company in the United States District Court for the Northern District of Iowa. The participants are accusing Transamerica of violating the Employee Retirement Income Security Act (“ERISA”) by including six obviously underperforming […]