Entries by Mark Krudys

Mark Krudys addresses the Stafford County chapter of the NAACP

On January 25, 2015, Mark Krudys gave a presentation to the Stafford County Chapter of the NAACP. Mark was invited by the NAACP to address current civil rights issues. Mark addressed the following topics: prisoner death cases, police shootings, sentencing guidelines, the high incarceration rate in the U.S., the effects of fines and courts costs […]

Recent Civil Rights News

Recently, Mark Krudys has worked to advance inmates’ civil rights claims: On August 13, 2014, Mark Krudys led a nationally broadcast webinar entitled, “Jail and Jailer Liability: The Trial of a Jail Death Case.”  The course covered both practical and substantive aspects of inmate death cases.  The course covered the preliminary steps an attorney must take to […]

Advice of Counsel Affirmative Defense May Waive Attorney-Client Privilege

Attorneys should be aware that they risk waiving attorney-client privilege by asserting an advice of counsel affirmative defense. In an antitrust litigation, the U.S. District Court for the District of Idaho recently granted plaintiffs’ motion to compel certain defendants to produce documents identified on their privilege logs because they had waived attorney-client privilege by asserting […]

Panel Appointed to Fix Flawed Broker Arbitration System

In a recent New York Times article, certain investors who failed to prevail on their claims against their broker complained about the arbitration panel’s actions at the hearing. Specifically, arbitrators struggling to stay awake or being heard laughing about the facts of the case. In response to numerous investor complaints, the Financial Industry Regulatory Authority […]

Non-Compete Agreements: Do They Overreach?

A company hires a software engineer, or a stock broker, or perhaps a bio-chemist.  This company, knowing the newly hired employee could in the future use his or her knowledge against them, requires the employee to sign a contract agreeing not to look for a job at a rival company for a set period of […]

Bank Fined for Supervisory Failures Related to Facebook and Yelp IPOs

In May 2014, the Financial Industry Regulatory Authority (FINRA) fined the bank Morgan Stanley Smith Barney LLC $ 5 million for supervisory failures related to the way its brokers solicited investments in certain initial public offerings (IPOs).  Between February 2012 and May 2013, Morgan Stanley Smith Barney LLC sold shares of 83 IPOs to retail customers […]

Alternative Fee Arrangements Are Catching On, Even For Litigation

The Washington Post reports that law firms and in-house counsel are increasingly using alternative fee arrangements, such as flat fees, for litigation.  When the economic downturn prompted corporate clients to scale back their outside legal spending several years ago, law firms responded by experimenting with alternative fees.  Alternative fee arrangements can be anything that is […]

Broker-Dealer Faces Big Fine for Failure to Supervise

Last week, the Financial Industry Regulatory Authority (FINRA) fined LPL Financial LLC, one of the country’s largest networks of independent broker-dealers, $950,000 for its failure to supervise sales of alternative investment products, including non-traded real estate investment trusts (REITs), oil and gas partnerships, business development companies (BDCs), hedge funds, managed futures and other illiquid pass-through […]

Can Your Employer Really Stop You From Taking a New Job?

When an employee leaves one job for another, they often are surprised to find out that their previous employer might be able to prevent them from working in the same industry.  Many employers write provisions into their employment contracts that seek to prevent employees from working for competitors.  However, these provisions do not always comply […]