Standards of conduct within professional, broker-dealer, lawyer-client, or physician-patient relations include duties of confidentiality, trust, and sometimes become fiduciary. States argue that broker-dealers be held to the same, higher, fiduciary duty standards applicable to investment advisers. FINRA’s revised Rule 2111(a) creates a “Best Interest” standard, ending broker-dealer duties post-sale. Congressional Bill language requires “the same”… Read More

A non-compete banning a former cloud-computing strategist with Latin American expertise from competition was upheld in New York this year. The executive’s former employer which shared trade secrets with him, convinced federal trial and appellate courts that it was likely to succeed on the merits, that it was more likely to suffer irreparable injury than… Read More

The Second Circuit holds that Black, male firefighters with Pseudo folliculitis Barbae (PFB) must be closely shaven regardless of an employer’s past practice or the pain, scarring, even boils, which shaving may cause. At one time, closely cropped beards were allowed without incident. But OSHA regulations unambiguously mandate clean shaves along the sealing edges of… Read More

Video transcript discusses how employment lawyers review noncompetition agreements across New York State remotely: I’m Jonas Urba, a New York employment lawyer here with Employment Law Reality Check talking about employment agreements and noncompetition provisions. Those are coming up all the time with work from home and COVID. More employees are working all over the… Read More

Video transcript by a New York employment lawyer, suggesting that rebuttals to PIPs or corrective action plans are usually a good idea: I’m Jonas Urba, a New York employment lawyer here with Employment Law Reality Check. Today we’re talking about PIPs. Sometimes known as corrective action plans (CAPs) or any type of final warning or… Read More