Features
Class Action Waivers in Employment-Related Arbitration Agreements
For all employers, especially franchisors and franchisees who often utilize unique employment models, <i>Concepcion</i> and the cases interpreting it provide valuable lessons. Businesses have been given a road map for every contractual agreement in which arbitration provisions might appear, and the signposts point to fairness.
Features
Hostile Use of 'Friend' Request Puts Lawyers in Ethics Trouble
Two New Jersey defense lawyers have been hit with ethics charges for having used Facebook in an unfriendly fashion.
Features
Coverage Disclaimer May Not Await Investigation of Other Defenses
In <i>George Campbell Painting v. National Union Fire Ins. Co. of Pittsburgh, PA</i>, the New York Supreme Court, Appellate Division, First Department ruled that because an insurer had sufficient knowledge of a late notice defense nearly four months before it provided a written disclaimer to the insured, the disclaimer was ineffective as a matter of law.
Features
Eighth Circuit Ends Thomas-Rasset File-Sharing Fight
The U.S. Court of Appeals for the Eighth Circuit has reinstated statutory damages of more than $220,000 against a woman who illegally file-shared two dozen songs, finding the damages to be constitutional.
Features
Decisions of Interest
Discussion of several key rulings.
Features
Managing Liability Risks from Robotic Surgery
Robotic technology may spawn both medical malpractice and product liability exposures, claims and lawsuits. Suits and claims may arise from one area or both. Here's what you need to know.
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MOST POPULAR STORIES
- The DOJ's New Parameters for Evaluating Corporate Compliance ProgramsThe parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.Read More ›
- Bankruptcy Sales: Finding a Diamond In the RoughThere is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.Read More ›
- The DOJ's Corporate Enforcement Policy: One Year LaterThe DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.Read More ›
- The DOJ's Latest Opioid Crime-Fighting Tool: The Civil False Claims Act<b><i>The U.S. Department of Justice Is Now Using The False Claims Act — Traditionally a Civil Enforcement Tool — to Combat the United States' Sweeping Opioid Epidemic</b></i><p>The use of the FCA is part of a larger DOJ strategy to develop multi-faceted solutions for this public health emergency.Read More ›
- Use of Deferred Prosecution Agreements In White Collar InvestigationsThis article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.Read More ›
