Attorney

On September 14, 2020, the SEC announced payment of more than $10 million to a whistleblower who provided original information to the SEC that led to a successful enforcement action.  (The order granting the award can be accessed here.) In explaining the reason for its award determination, the SEC noted that the whistleblower had “provided extensive and ongoing assistance to the investigative team over the course of the investigation, including identifying witnesses and helping staff understand complex fact patterns and issues related to the matters under investigation.” Since issuing its first whistleblower award in 2012, the SEC has awarded…
Over the last few months, many motorcycle riders have taken to the beautiful California backroads to get out of the city and clear their heads. Other riders are taking advantage of the empty streets and highways as Californians spend more time sheltering at home. Even with fewer drivers on the road, accidents can still happen. We’ve shared tips on what to do if you find yourself in a motorcycle accident.   Seek Medical Care if Needed First and foremost, take care of your physical state. If you are injured, seek proper medical treatment and ensure everyone at the accident site isn’t…
As a member of the California Department of Insurance, your reputation is extremely important. Mistakes made on and off the job can cost both your professional license and your career. At Unlock Legal, we are dedicated to helping California professionals protect their livelihoods and keep their Department of Insurance licenses intact. Here’s what our clients are saying about our team. Licensing Board Investigation After receiving a criminal conviction for a social mistake, one of our clients was alerted that her Department of Insurance license was under investigation. Worried that she could be facing suspension or even revocation,…
Existing law, commonly known as the “ABC” test and codified by AB 5, makes it more difficult for companies to classify workers as independent contractors rather than employees. The hiring entity has the burden of establishing that an individual is an independent contractor, not an employee, under the “ABC test.” Under the existing “ABC” test, a worker will be deemed to be an employee, unless the hiring entity proves: (A) that the worker is free from the control and direction of the hiring entity in connection with the performance of the work, both under the contract for the performance of the work and…
Existing law, commonly known as the “ABC” test and codified by AB 5, makes it more difficult for companies to classify workers as independent contractors rather than employees. The hiring entity has the burden of establishing that an individual is an independent contractor, not an employee, under the “ABC test.” Under the existing “ABC” test, a worker will be deemed to be an employee, unless the hiring entity proves: (A) that the worker is free from the control and direction of the hiring entity in connection with the performance of the work, both under the contract for the performance of the work and…
The Coronavirus Aid, Relief, and Economic Security Act (CARES Act) was signed into law on March 27, 2020, to deliver financial relief to American workers and businesses facing financial hardship from the COVID-19 pandemic. Going forward, there are some important considerations for companies involved in M&A transaction negotiations, especially when it comes to how CARES Act relief provisions affect employee benefits plans. Deferred Payroll Taxes and Contributions to Pension Plans Under the CARES Act, eligible employers are allowed to defer their Social Security tax deposits for 2020, but must deposit 50% of the deferred amounts by December 31, 2021 and…
The Government Accountability Office (GAO) recently denied a protest brought by a contractor who failed to submit an adequately written proposal for the award of a federal contract. This decision breaks no new ground legally but it serves as a timely reminder of how failure to identify the assumptions upon which a proposal is based will yield a disappointing result. (Feed generated with FetchRSS)…
On June 1, 2020, the U.S. Supreme Court held in Thole v. U.S. Bank, N.A., that defined benefit plan participants lack standing under Article III to pursue claims of fiduciary breach when the plan is fully funded.  Background Plaintiffs were fully vested retired participants in U.S. Bank’s defined benefit retirement plan and filed suit against the bank and other plan fiduciaries for allegedly mismanaging plan assets and breaching their fiduciary duties of care and prudence under the Employee Retirement Income Security Act of 1974 (ERISA). A district court dismissed the suit, which was appealed to the U.S. Court of Appeals…
When the integration and implementation of an ERP software system starts going off the rails and all sides begin pointing fingers at each other, often many of the user’s fingers point at the vendor’s project manager. In a way, this is understandable, even before the root causes behind the looming failure are known. The project manager is supposedly in charge, ensuring that all of the pieces fit together, and it is his or her job to make the system work smoothly. Often, it turns out the project manager is at least partially responsible. Yet, if the user’s senior executives are…