Tag Archives: Confusion

Confusion Abounds After Fifth Circuit Decision Vacates DOL Fiduciary Rule, PlanSponsor, ft. Brendan McGarry

Brendan P. McGarry, attorney in the Kaufman Dolowich & Voluck Chicago office, was quoted in an article by John Manganaro published in PlanAdvisor. The latest decision out of the Fifth U.S. Circuit Court of Appeals throws a dramatic new element of confusion into the epic regulatory saga that has been the rollout of … Continue reading

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CBD Legality: Conflicting State and Federal Marijuana Laws Create Regulatory Confusion

There has never been much logic to marijuana laws. In 1970, cannabis, the least dangerous of drugs, was placed on Schedule I of the Controlled Substances Act along with heroin and LSD.  Schedule I is for the irredeemable drugs, the … Continue reading

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Confusion with firm sued for sexual harassment causes irreparable harm

Newmark Realty Capital, Inc., v. BGC Partners, Inc., No. 16-cv-01702 (N.D. Cal. Nov. 16, 2017)Newmark Realty Capital (founded 1991) and defendants BGC Partners and Newmark & Co. Real Estate “traditionally operated in distinct sectors of the real estate market and … Continue reading

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Untangling Confusion about FLSA Exemptions for Highly Compensated Employees

The Sixth Circuit Court of Appeals recently issued an interesting Fair Labor Standards Act decision. The case focused on who is and is not exempt from overtime requirements. And the result – as the court noted – is likely to … Continue reading

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Cesari S.R.L. v. Peju Province Winery L.P.: Relying on Supreme Court Precedent, District Court Holds that Trademark Trial & Appeal Board Finding of Likelihood of Confusion has Preclusive Effect

Federal district courts continue to apply the Supreme Court’s ruling in B&B Hardware, Inc. v. Hargis Indus., Inc., 135 S.Ct. (2015) with unpredictable results. The latest such example comes from the Southern District of New York, where Judge Buchman, in … Continue reading

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