Construction Litigation Blog Posts The Initial DOL Retrospective Review Approaches January 12, 2023The Department of Labor (“DOL”) rule requirement continues with the fast-approaching filing date for an investment adviser’s initial Retrospective Review. While we anticipate assisting many investment advisers with their completion of this new requirement, it is important to understand its purpose and components. For this reason, I asked our colleague, Joseph Antonakakis, to share his ...CFP Board Issues Notice Applying Code and Standards to Cryptocurrency-Related Assets December 14, 2022The Code and Standards Apply to Financial Advice About Cryptocurrency-Related Assets On December 5, 2022, the CFP Board issued a notice to CFP professionals in response to questions raised regarding cryptocurrency-related assets. Cryptocurrency-related assets, including cryptocurrency, cryptocurrency exchange traded funds, cryptocurrency derivatives, and interests in business entities that provide services related to cryptocurrency, are financial products ...Use of Testimonials Under the New SEC Marketing Rule for Investment Advisors December 1, 2022The SEC’s new Marketing Rule compliance date was November 4, 2022. As part of the Marketing Rule, the SEC expanded advisers’ ability to use client testimonials in marketing materials. With these new marketing powers come certain responsibilities pertaining to obtaining testimonials and disclosures which must be made alongside the testimonials. Testimonials Defined In the Marketing Rule, testimonials ...The Date for Full Compliance with the SEC’s New Marketing Rule is Rapidly Approaching! Is Your Firm Ready? October 5, 2022Background of the New Marketing Rule As most Registered Investment Adviser firms (“RIAs” or “Advisers”) are aware, the Securities and Exchange Commission (SEC) adopted amendments to existing Rule 206(4)-1 (the advertising rule), under the Investment Advisers Act of 1940 (the “Act”), which modernized rules relative to RIA advertising and solicitation activity (known as the new “Marketing ...NJ Nursing Homes Fail to Improve Following Medicaid Fraud Report September 21, 2022 In February of this year, the state comptroller issued a report examining New Jersey’s lowest-rated nursing homes participating in the Medicaid program. Of the 368 nursing homes in New Jersey, 15 were identified as the worst long-term care facilities in the state, ranked “one-star” by the Center for Medicare and Medicaid Services (CMS) based on criteria ...Electronic Signatures in Securities Transactions August 26, 2022As we continue to assist Advisors during examinations conducted by the United States Securities and Exchange Commission (the “SEC”), we have noticed questions related to the Advisors’ use of electronic signatures. Earlier this week, we provided guidelines for Advisors using electronic signatures in securities transactions. The legality of electronic signatures in connection with contracts and ...To Sign or Docu-Sign, That is the Question August 24, 2022On November 17, 2020, the U.S. Securities and Exchange Commission (the “SEC”) adopted amendments to Rule 302(b) of Regulation S-T that permits individuals to sign the signature page or other document (“Authentication Document”) with an electronic signature. The amendment allows flexibility in complying with the Authentication Document requirements by providing individuals the option of signing ...Beware of Time Limits for Homeowners to Sue Their Insurance Carriers August 2, 2022Most homeowner’s policies issued in New Jersey contain statutes of limitation for filing a lawsuit against an insurance carrier where the homeowner (insured), disagrees with the insurance carrier’s claim payment amount, or refusal to make any payment on a claim. In a recent unpublished United States District Court opinion, Turkmany v. Excelsior Insurance, the court reaffirmed ...Important Documents to Consider Before Your Child Goes to College July 29, 2022Your child’s transition to adulthood is an important time in life. If your child has reached age 18, particularly an adult child traveling to attend school or work, critical legal changes have occurred. At age 18, your child is an adult under New Jersey law, even if they are still living at home. Your adult ...Causes of E-Bike Fires and What to Do When They Happen July 28, 2022A recent surge of electric bike fires in NYC has brought new attention to the dangers of lithium battery fires and increased scrutiny of safety compliance. Although electric bikes, also known as e-bikes, are subject to federal and state regulations, fires can still occur due to improper maintenance, faulty construction, or regulatory noncompliance on the part of manufacturers. An ...
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