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Five minute late filing sinks appeal

Five minutes in the grand scheme of things does not sound like a long time. It’s not enough time to get a haircut, run to the store, or even wash the dishes. Five minutes is .000038ths of 90 days. But when it comes to deadlines for timely appeals, five minutes becomes very important. On November […]

Fine, I’ll Just Take My Domestic Preferences And Go Home!

Picture a child’s birthday party. We’ll call him Sam. There are 11 other kids there: the next-door neighbors, some kids from down the street, and even some kids from across the street. Sam has received a bunch of new toys that everyone wants to play with. Sam says sure, go ahead! Play with the toys […]

First Spoofing Conviction

More than five years after Congress passed the Dodd-Frank Wall Street Reform and Consumer Protection Act (“Dodd-Frank”), long-time industry players are still struggling to understand the full breadth of the law.  Prior to Dodd-Frank’s passage, “spoofing” was common practice on Wall Street and was considered “unprosecutable.”  Although there is considerable ambiguity as to the meaning […]

The Internet is Not a Lawyer

Under some laws–for example, the Fair Labor Standards Act, which governs minimum wages and overtime pay–courts are instructed to impose more stringent penalties if they find that a violation was “willful.” An FLSA violation is willful if the employer showed reckless disregard for whether its conduct was prohibited by the statute. In contrast, an employer […]