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Recent Posts

Justice Word Engraved Happy New Year! Federal Court Strikes Down North Carolina’s Racist Voter ID Law - In an order dated December 31, 2019, Judge Loretta C. Biggs ruled that North Carolina's racist voter identifcation law violates Section 2 of the Voting Rights Act and the Fourteenth and Fifteenth Amendments of the… ... Read More
Edward Jones Twice Denied Injunction Requests Against Ex-Brokers - In two cases decided within the last 30 days, Edward Jones was denied requests for injunctions against former brokers it accused of stealing trade secrets and soliciting customers. Edward D. Jones & Co., L.P. v.… ... Read More
Justice Word Engraved NC is One of Two States Selected to Pilot a Program to Increase Reporting of Elder Financial Exploitation - North Carolina is one of two states that will implement a pilot program to facilitate the reporting of suspected cases of financial abuse of the elderly. A new federal grant has created a secure, unified… ... Read More
Andrew Whiteman Appointed to Grievance Committee - Andrew Whiteman has been appointed to serve on the Grievance Committee of the Tenth Judicial District Bar. The Tenth Judicial District Grievance Committee is made of attorneys and laypeople.  This Committee receives referrals from the… ... Read More
U.S. Supreme Court to Decide whether the SEC has the Authority to Order Disgorgement of Illegal Profits - On November 6, 2019, the United States Supreme Court agreed to decide a case that challenged the SEC’s power to seek disgorgement in court as a penalty for securities law violation. In the case of… ... Read More
Investor Advocates Call on FINRA to Immediately Stop the Expungement of Customer Complaints - The Public Investor Arbitration Bar Association (known as PIABA) is a nationwide association of attorneys who advocate for investors through litigation and arbitration and regulatory reform. In a report prepared by The PIABA Foundation, titled… ... Read More
Investment Adviser Permanently Barred over Conflicts of Interest, Failure to Disclose, and Violation of Best Execution Rules - I previously wrote about the SEC’s increased emphasis on the enforcement of an investment advisor’s obligation to provide its customers with the “best execution” of recommended securities trades. See SEC Announces Results of Share Class… ... Read More
Raleigh Investment Adviser Stephen Condon Peters Sentenced to 40 Years In Prison for Operating a Ponzi Sheme - Stephen Condon Peters, a Raleigh investment advisor, was sentenced to 40 years in prison after being found guilty following a jury trial in the United States District Court for the Eastern District of North Carolina.… ... Read More
State Attorneys General Sue the SEC to Nullify Regulation Best Interest - On September 9, 2019, seven states and the District of Columbia sued the United States Securities and Exchange Commission to invalidate Regulation Best Interest: The Broker-Dealer Standard of Conduct (“Regulation BI”). The Attorneys General of… ... Read More
HHS Office of Civil Rights Settles its First Medical Records Enforcement Case - Earlier this year, the Office for Civil Rights (“OCR”) of the U.S. Department of Health and Human Services (“HHS”) announced that it would vigorously enforce the Federal rights of patients to receive their medical records… ... Read More
Disability Insurance Benefits Fourth Circuit Slaps Reliance Standard in ERISA Disability Case - Reliance Standard never should have terminated Fredrick Smith’s disability benefits. But appealing the District Court’s decision in favor of Mr. Smith was just plain dumb. Good news for claimants, the Fourth Circuit’s opinion in Smith… ... Read More
Whiteman Law Firm Filed a Wage and Hour Suit against The Bruson Group, Inc. and its Controlling Officials - On September 3, 2019, Whiteman Law Firm filed a lawsuit against The Bruson Group, Inc. and two of its controlling officers. The suit was brought on behalf of four former employees who were denied overtime… ... Read More
The North Carolina Supreme Court’s Piazza v. Kirkbride Decision Fails to Resolve Important Issues under State Securities Act - On May 10, 2019, the North Carolina Supreme Court issued its opinion in Piazza v. Kirkbride. See Piazza v. Kirkbride, 827 S.E.2d 479 (2019). The Court declined to resolve important issues under the North Carolina… ... Read More
The Administrative Exemption to the Fair Labor Standards Act - The Administrative Exemption to the Fair Labor Standards Act The Fair Labor Standards Act provides that “no employer shall employ any employee any of his employees . . .  for a workweek longer than forty… ... Read More
Justice Word Engraved Fourth Circuit Clarifies that an Employer/Plan Administrator/Named Fiduciary is Indeed an ERISA Fiduciary - Fourth Circuit Clarifies that an Employer/Plan Administrator/Named Fiduciary is Indeed an ERISA Fiduciary In the case of Dawson-Murdock v. National Consulting Group, Inc., an employer argued that it was not an ERISA fiduciary of its… ... Read More