New York City’s Ban-the-Box Law The Ban-the-Box Law restricts the timing of when an employer may inquire about an applicant’s criminal history. Under this law, New York City employers with four or more employees may not inquire about an applicant’s criminal history (including pending arrests) until a contingent offer of employment has been made. This restriction applies to any direct (i.e., asking the applicant or placing the inquiry on the employment application) or indirect (i.e., by running a criminal background check) inquiry. … [Read more...] about Now That New York City’s Credit Check and “Ban the Box” Laws Are in Effect, How Do Employers Comply?
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In August 2007 as the economy began to falter, Sentinel experienced trading losses that left it unable to simultaneously maintain its collateral with the bank and meet the demands of its customers for redemption of their securities. Sentinel filed Chapter 11 and the Bank sought to liquidate the collateral pledged as security for Sentinel’s loan, which included accounts that held Sentinel’s customers’ assets. The bankruptcy trustee refused to recognize the Bank as a senior secured creditor and deemed Sentinel’s transfer of customer assets to accounts that Sentinel used to collateralize its loans to be “fraudulent transfers” in violation of 11 U.S.C. § 548(a)(1)(A). … [Read more...] about Secured Lender Loses Security Interest Because it was on “Inquiry Notice” of Customer’s Fraudulent Conveyance
Leading the Past WeekAs quick as members returned from their districts, it seems they’ve left again, as the Senate passed the continuing resolution (CR) measure to fund the government for an additional six months. The Senate vote on the CR was delayed by timing problems of the vote and a move by Senator Rand Paul (R-KY) to cut foreign aid to Libya, Egypt and Pakistan. When Congress returns on November 12th it will certainly have a lot to deal with as the nearly year long practice of punting difficult issue until the lame duck will come home to roost. From the farm bill, to the defense authorization, to countless other legislative initiatives including how to deal with the expiring tax cuts and sequestration, the lame duck is quickly shaping up to potentially be one of the busiest in memory. Also worth noting from this past week was Congress’ first major foray into examining issues related to high frequency trading, as well as hearings that will set … [Read more...] about Financial Services Legislative and Regulatory Law Update – September 24, 2012
Misuse of Data Not a Requirement for Data Breach Class Certification, At Least in West VirginiaTabata v. Charleston Area Medical Center, Inc., No. 13-0766, --- S.E.2d ----, 2014 WL 2439961 (W. Va. May 28,, 2014).In February 2011, two medical providers notified 3,655 patients that their names, contact details, Social Security numbers, dates of birth, and basic health information had accidentally been posted to the internet. Several of these patients sued in a putative class action, asserting claims for breach of the duty of confidentiality, invasion of privacy – “intrusion upon the seclusion of the petitioners,” invasion of privacy – “unreasonable publicity into the petitioners’ private lives,” and negligence. Both the trial and circuit courts found that the plaintiffs lacked standing because they did not allege that any personal information had actually been misused. In an opinion issued in May 2014, West Virginia’s highest … [Read more...] about Cybersecurity: Litigation, Crime & Enforcement
Governor Quinn has signed the Job Opportunities for Qualified Applicants Act (the "Act"), which takes effect January 1, 2015 and prevents private employers from asking an applicant about his or her criminal history on the initial job application. In "banning the box" for private employment, Illinois joins only a handful of states (Hawaii, Massachusetts, Minnesota, and Rhode Island) and cities (Philadelphia (PA), Newark (NJ), Buffalo (NY), Seattle (WA), San Francisco (CA), Baltimore (MD), and Rochester (NY)). This alert highlights key provisions of the Act. … [Read more...] about New Illinois “Ban the Box” Law Covers Private Employers