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Massachusetts Legislature Pushes Forward With Amended Non-Compete Bill
  • Jackson Lewis PC
  • USA
  • April 19 2018

This Blog has previously covered the six non-compete bills that were introduced in the Massachusetts Legislature in 2017 (See articles dated December

US$2.6-Billion Fraud Judgment Awarded Against Former Sino-Forest CEO
  • Bennett Jones LLP
  • Canada
  • April 16 2018

On March 14, 2018, the Honourable Justice Penny of the Ontario Superior Court (Commercial List Division) released a decision granting a US$2.6-billion

Fiduciary Rule Reform - SEC Developments
  • K&L Gates
  • USA
  • April 15 2018

As we wait to see if the Department of Labor (DOL) will appeal the 5th Circuit’s mid-March ruling that vacated the DOL’s fiduciary rule, the

Restructuring and directors’ fiduciary duties: no limits for director’s wrongful conversion
  • Hill Dickinson LLP
  • United Kingdom
  • April 12 2018

The case of Burnden Holdings (UK) Limited -v- Fielding 2018 UKSC 14 shows why it is essential to get thorough legal advice upon the restructuring of

Fifth Circuit Court of Appeals Invalidates the 2016 Final Department of Labor Fiduciary Rule and Related Prohibited Transaction Exemptions
  • Mintz Levin
  • USA
  • April 11 2018

What’s a financial advisor to do? On March 15, 2018, the Fifth Circuit Court of Appeals in Chamber of Commerce of the U.S. v. U.S. Dep’t. of Labor, No

The future of the Department of Labor’s Fiduciary rule is in limbo following the Fifth Circuit’s decision striking it down “in toto.”
  • Pillsbury
  • USA
  • April 11 2018

In April of 2016, the Department of Labor (DOL) promulgated the “Fiduciary” rule, which expands the definition of “fiduciary” under Section 3(21) of

ESOP Litigation Trends: Department of Labor Voids Fiduciary Indemnification Agreements to Reach Settlements
  • McDermott Will & Emery
  • USA
  • April 11 2018

The US Department of Labor has taken the position that certain indemnification clauses are void against public policy under Section 410 of ERISA. This

U.S. financial industry "eagerly" awaits SEC’s best interest standard
  • Osler Hoskin & Harcourt LLP
  • USA, Canada
  • April 10 2018

While in Canada division continues over the issue of “best interest” in the financial advisory industry, the U.S. national securities regulator

Risk & Reward, April 10, 2018 Fiduciary Governance 2.0
  • Stradley Ronon Stevens & Young
  • USA
  • April 10 2018

In one fell swoop, the 5th Circuit Court of Appeals dropped the hammer on the DOL Fiduciary Rule, tossing out the expanded scope of fiduciary

Reverse-Churning: BDs Are Damned If They Do, And Damned If They Don’t
  • Ulmer & Berne LLP
  • USA
  • April 10 2018

A couple of years ago, I blogged about the concept of “reverse churning,” i.e., putting a customer who trades only infrequently into a fee-based