By Michael Stefanilo Jr., Esq.
There is a potential sea change underway in the Commonwealth of Massachusetts relating to the legal standard to be applied when a student sues a municipality or school district alleging sexual harassment against a teacher. Prior to 2016, non-perpetrating municipal defendants have been protected from liability by a heightened standard developed through many years of Title IX jurisprudence. In 2016 and 2017, however, persuasive authority has developed that threatens to dismantle nearly two decades of federal precedent in the school law context, paving way for a weightier standard. The Commonwealth’s “catch-all” anti-sexual harassment statute, chapter 214, section 1C of the Massachusetts General Laws, has become the hot topic of several recent Massachusetts state and federal judicial decisions. . . Read More
By: Ryan McGovern Quinn
In late June, President Trump nominated Marvin Kaplan and William Emanuel to fill vacant seats on the National Labor Relations Board (“NLRB,” or “the Board”). Kaplan is Counsel to the Occupational Safety and Health Review Commission and former Workforce Policy Counsel to the House Education and Workforce Committee, while Emanuel is a shareholder at management-side labor and employment law firm Littler Mendelson, P.C. and a member of the Federalist Society. Kaplan was confirmed by the Senate on August 2, 2017 in a party-line vote, and Emanuel was confirmed on September 25, 2017…. Read More
By: Bianca F. Sena
The startup world may only have a few more moments in the sun when it comes to taking advantage of the unregulated terrain of Initial Coin Offerings (“ICO”). While this type of crowdfunding continues to gain popularity with startups, software developers, and venture capitalists, the evil twin of massive sales – massive losses – may finally bring ICO transactions into the regulatory purview of the Internal Revenue Service (“IRS”), Securities and Exchange Commission (“SEC”), and the Financial Crimes Enforcement Network (“FinCEN”). The SEC may start classifying digital assets, such as Bitcoin, as “financial securities” subject to agency regulation because of their increasing use in Ponzi schemes and fraudulent lending practices. There is also evidence that FinCEN has begun regulating digital assets under various sections of the Bank Secrecy Act (“BSA”). This article explores the increasing awareness of issues surrounding digital assets and reviews developments within each of these agencies that indicate ICOs are likely to soon be regulated…. Read More