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Features
With its 2010 decision of <i>Conkright v. Frommert</i>, the Supreme Court has once again opted to resist a proposed carve-out to the general rule of deference to ERISA plan administrators — this time in situations where an administrator's first attempt to construe an ERISA plan has been held by the reviewing court to be unreasonable.
Features
In last month's issue, the authors discussed the concept of "Never Events": things that should never occur absent negligence in hospitals or other health care settings. The discussion concludes herein.
Features
Pension benefits can account for 50% or more of the damages in a wrongful death or injury matter. This article presents an overview of the basic types of pensions and some issues that arise in determining lost pension benefits.
Features
It should not be surprising that in a weak real estate market, developers would seek new sources of revenue. One recent source has generated controversy across the country ' requiring buyers to agree, for themselves and their assigns, to pay a fee upon each resale of the property. These transfer fee covenants raise a number of practical problems, not the least of which is the underlying legal question: Are they enforceable?
Features
Employers should revisit and review the language of any arbitration agreements in light of a Guideline Memorandum (GC Memo) issued by Ronald Meisburg four days before stepping down from his post as General Counsel for the National Labor Relations Board (NLRB).
Features
This article provides helpful "do's" and "don'ts" to be used in constructing and evaluating employees' noncompete, nonsolicitation and confidentiality agreements.
Features
Two laws come into play in cases of employment discipline for medical marijuana use ' the Americans with Disabilities Act (ADA) and the law of the specific state where the employee works.
Features
The requirements placed on corporate America as a result of increasingly labyrinthine consumer protection laws have created significant new potential liabilities, often in the form of statutorily mandated damages.
Features
One of the most vexing economic issues in fashion and apparel licensing deals is the task of allocating the long-term value of a branded product launch.