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Lobbyists Petitioning SEC to End ‘Backdoor Regulation of 12b-1 Fees’

April 29, 2020
Four industry groups are filing a petition today to end what they say is “backdoor regulation” by the SEC of alleged disclosure violations related to mutual fund 12b-1 fees. “Over the last year, the SEC has used its enforcement authority, rather than its rulemaking authority, to change longstanding, widespread, and previously uncontroversial business practices in the mutual…
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Groups petition SEC for rule on mutual fund fees

April 29, 2020
The American Securities Association and three public interest organizations petitioned the SEC on Wednesday to produce a new rule related to mutual funds paying others to promote their shares. The Financial Services Institute, the Competitive Enterprise Institute and the New Civil Liberties Alliance petitioned the financial regulator along with ASA, according to a filing with the…
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Make an Anti-Union Joke, Prepare to Be Accused of an Unfair Labor Practice

April 29, 2020
When writers at Vox Media staged a walk-out as part of their unionization efforts, Ben Domenech, publisher of The Federalist, responded with a joke on Twitter. There’s no evidence anyone at The Federalist thought this was anything other than a topical joke, responding to a current event. Yet as Domenech recounts in the WSJ, a progressive writer and lawyer responded by…
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How My Joke on Twitter Became a Federal Case

April 28, 2020
I’m under federal investigation for making a joke on Twitter. In June 2019, employees at the left-liberal Vox Media Inc. walked off the job demanding a new collective bargaining agreement. As the publisher of a conservative website, the Federalist, I found the clash ironic. I tweeted: “FYI @fdrlst first one of you tries to unionize I…
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Mark Chenoweth on The Andrea Kaye Show: Discussing the Joel Fleming v. FDRLST Media, LLC case.

April 28, 2020
NCLA Executive Director and General Counsel, Mark Chenoweth, comments on the recent developments in the Joel Fleming v. FDRLST Media, LLC case. https://nclalegal.org/wp-content/uploads/2020/05/The-Andrea-Kaye-Show.-April-28.mp3     TweetShareShare0 Shares
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Send the NLRB Back to the Salt Mine

April 27, 2020
Can a politically unaccountable government agency sanction you for a joke on Twitter that annoyed a total stranger? If you’re Ben Domenech of The Federalist and the agency is the National Labor Relations Board, the answer, for now, is yes. The case is a perfect storm of what is wrong with the administrative state in general and the…
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