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Articles & Alerts
August 2010 - In Studen Loan Case, Court Rules Borrowers Have Rights Too
4.14.10 - Crain's New York Business - Home Care Service Sued Over Pay Practices
April 2010 - The American Lawyer - "the work" - Feature on Arthur N. Abbey
3.24.10 - Reuters - UPDATE 1 - US securities class-action settlements up in 2009
3.11.10 - Human Resource Executive Online - Lawsuits Target Tips and Fees
3.04.10 - New York Post - Food Fault! US Open Servers Ripped Off: Suit
10.8.09 - The AM Law Daily - Litigator of the Week: Arthur Abbey of Abbey Spanier Rodd & Abrams, LLP
Arbitration/Class Action Alert
SUPREME COURT DECIDES STOLT-NIELSEN: NO CLASS ARBITRATION WHERE CLAUSE IS SILENT
Although the decision will undoubtedly affect consumers and workers, the Stolt-Nielsen case itself involved claims brought by a group of large businesses, that alleged that a handful of shipping companies had engaged in a global price-fixing conspiracy. Read More
Securities Alert
FEDERAL JUDGE RULES THAT PRIVATE LITIGANTS CAN BRING STATE COURT CASES UNDER NEW YORK'S MARTIN ACT
In a marked departure from numerous decisions by judges in New York state courts and the Southern District of New York, a New York federal court judge ruled that private litigants are permitted to sue wrongdoers in connection with the sale of securities, and that the judges that have dismissed such cases as being foreclosed by New York's Martin Act are wrong. Read More
COURT REJECTS MOODY'S AND S&P'S MOTION TO DISMISS
In an April 26, 2010 opinion that could have significant implications for motions to dismiss in the many subprime-related securities actions pending against the rating agencies... Read More
GOLDMAN SACHS SUED FOR FRAUD
The SEC charged Goldman Sachs with defrauding investors of ABACUS 2007-AC1, a synthetic CDO created and sold by Goldman in early 2007 when the subprime world was reeling. Investors in ABACUS ultimately lost $1 billion. Read More
Employment Alert
STATE OF NEW YORK PASSES FIRST DOMESTIC WORKERS BILL OF RIGHTS
On July 1, 2010, New York domestic workers such as housekeepers and nannies won historic changes to the state's labor law. The New York Domestic Workers Bill of Rights is reported to be the first such law in the nation. Read More
SOME FACTS ABOUT THE FAIR LABOR AND STANDARDS ACT (FLSA)
The FLSA, enacted in 1938, is a federal law which incorporated important rights for employees and responsibilities for employers. The FLSA instituted a national minimum wage for employees, and guaranteed that employees who worked overtime time and a half in pay for certain jobs. It also makes child labor illegal. Read More
NEW EMPLOYMENT BILL SEEKS TO PREVENT WORKERS FROM BEING MISCLASSIFIED AS INDEPENDENT CONTRACTORS
U.S. Sen. Sherrod Brown (D-OH) has introduced legislation that would prevent workers from being misclassified as independent contractors and would provide for the protection and benefits which they have earned. Read More
U.S. SUPREME COURT TO DECIDE WHETHER ANTI-RETALIATION PROVISION OF FLSA PROTECTS ONLY WRITTEN COMPLAINTS
A Wisconsin factory worker says that he was fired unlawfully after orally complaining to his bosses about the placement of time clocks at his workplace. According to his employer, only written complaints are protected activity under the anti-retaliation provision of the Fair Labor Standards Act. Read More
PROTECTING EMPLOYEES AND RETIREES IN BUSINESS BANKRUPTCIES ACT H.R. 4677
Assistant Senate Majority Leader Dick Durbin (D-IL) and House Judiciary Committee Chairman John Conyers (D-MI) have introduced legislation which aims to curb abuses that deprive employees and retirees of their earnings and retirement savings when businesses collapse. The Protecting Employees and Retirees in Business Bankruptcies Act would make several changes to Chapter 11 bankruptcy law, putting workers interests near the top when companies file for bankruptcy. Read More
FAIR LABOR STANDARDS ACT AMENDED TO REQUIRE REASONABLE UNPAID BREAK TIME FOR NURSING MOTHERS
On March 23, 2010, amendments to the federal Fair Labor Standards Act of 1938, 29 U.S.C. §207 ("FLSA"), were enacted as part of the Patient Protection and Affordable Care Act of 2010 ("PPACA"). As a result of this amendment, the FLSA now requires employers to provide reasonable unpaid break time and a private place (other than a bathroom) for a female employee to express breast milk for her nursing child. Read More
Consumer Alert
THE CREDIT CARD ACCOUNTABILITY, RESPONSIBILITY AND DISCLOSURE ACT OF 2009
On February 22, 2010, significant provisions of the Credit Card Accountability, Responsibility and Disclosure Act of 2009 (the "CARD" Act) went into effect. The CARD Act, which was passed in May of 2009, promises to bring broad sweeping reform to the credit card industry's notoriously consumer-unfriendly practices. The new rules for credit card companies will provide consumers with many new protections. Read More
Publications
2007 Trial Lawyers Doing Public Justice
For their work in Hummel v. Wal-Mart Stores, Inc. Abbey Spanier Partner, Judith L. Spanier and her co-counsel were named finalists by the Public Justice Foundation for the Public Justice 2007 Trial Lawyer of the Year Award, bestowed annually to the lawyers who make the greatest contribution to the public interest by trying or settling precedent setting cases.
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