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Bland v. Edward D. & Co., LP
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By James L. Komie

Allegations that new financial advisors were rigidly controlled in the products they could sell and spent most of their time generating new sales leads are sufficient to state a claim that they should have been classified as non-exempt salespeople rather than exempt professionals and paid overtime under the FLSA.

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Budicak, Inc. v. Lansing Trade Group, LLC
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By James L. Komie

A commodities newsletter “transacts business” in Kansas where two of its subscribers are based in Kansas,

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North Sound Capital LLC v. Merck & Co., Inc.
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By David C. Franceski, Jr.

In order to preclude later-filed opt-out claims related to a settled class action as “proceed[ing]” in a single,

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Fan v. StoneMor Partners LP
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By David C. Franceski, Jr.

The use of equity proceeds from future investors to pay down borrowings used for distributions to current investors of “pre-need” revenue from burial service sales otherwise tied up in state-mandated trusts is not federal securities fraud,

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Evans v. ZB, N.A., dba California Bank & Trust
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By Ben Suter

The District Court’s order dismissing the Complaint is reversed because Plaintiff’s alleged sufficient factual matter to support some,

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Fresno County Employees’ Retirement Association v. Isaacson/Weaver Family Trust
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By Noah D. Sorkin

Plaintiffs’ class counsel is entitled to compensation from a common settlement fund, even where underlying action was brought pursuant to a fee-shifting statute.

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