In fiscal year 2008, the EEOC received 2,880 complaints of religious discrimination, up from 1,786 complaints received in 1998. In response to the substantial increase in religious discrimination claims, in July 2008 the EEOC revised its Compliance Manual and published Questions and Answers and Best Practices.
In the event litigation occurs, previously ignored boilerplate provisions may well determine who maintains leverage throughout the case and, ultimately, who prevails. This article discusses the applicable general principles and drafting considerations for some of the most frequently litigated boilerplate provisions.
The tangled bankruptcy mess created by former boy band impresario Lou Pearlman, currently in prison after admitting he ran a $300 million Ponzi scheme, has left a trail of out-of-pocket investors looking to recoup their losses.
The U.S. Supreme Court declined to hear the copyright infringement case brought by television networks and Hollywood studios against Cablevision over technology that allows viewers to record TV shows.
The U.S. Court of Appeals for the Third Circuit upheld a finding of contempt against associates, family employees and corporate successors-in-interest of music promoter Larry Marshak over use of the name of The Drifters vocal group. But the appeals court strengthened remedies that plaintiff Faye Treadwell, widow of former Drifters manager George Treadwell, had been awarded by the district court in the contempt proceeding.
“Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player's representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side — player and management — presents its case and then the designated panel of arbitrators chooses one of the salary bids with no other result being allowed. This method has become increasingly popular even beyond the sport of baseball.
Insiders (and others) in the private equity business are accustomed to seeing a good deal of discussion ' academic and trade ' on the question of the appropriate methods of valuing private equity positions and securities which are otherwise illiquid. An interesting recent decision in the Southern District has been brought to our attention. The case is <i>In Re Allied Capital Corp.</i>, CCH Fed. SEC L. Rep. 92411 (US DC, S.D.N.Y., Apr. 25, 2003). Judge Lynch's decision is well written, the Judge reviewing a motion to dismiss by a business development company, Allied Capital, against a strike suit claiming that Allied's method of valuing its portfolio failed adequately to account for i) conditions at the companies themselves and ii) market conditions. The complaint appears to be, as is often the case, slap dash, content to point out that Allied revalued some of its positions, marking them down for a variety of reasons, and the stock price went down - all this, in the view of plaintiff's counsel, amounting to violations of Rule 10b-5.
The 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.
There 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.
With trillions of dollars to keep watch over, the last thing we need is the distraction of costly litigation brought on by patent assertion entities (PAEs or "patent trolls"), companies that don't make any products but instead seek royalties by asserting their patents against those who do make products.
