Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

Features

Class Action Fairness Act Raises Issues for Employment Litigation

Betsy L. Katten

In February, President Bush signed his first piece of "tort reform" legislation, the Class Action Fairness Act (the Act), into law. The Act expands federal diversity jurisdiction to encompass most large class actions, including employment law related class actions. One area of employment litigation that the Act may likely impact is in the wage and hour class action context where, as discussed below, litigants file wage and hour class actions in state court while also pursuing Fair Labor Standards Act (FLSA) collective actions in federal court.

Recent Developments from Around the States

ALM Staff & Law Journal Newsletters

National rulings you need to know.

Rights of Disability Insurance Claimants Boosted with Decision

Kevin Schlosser & Robert C. Angelillo

There are significant differences in the rights afforded to an insured under a disability insurance policy depending upon whether the insurance is provided pursuant to an individual policy or under an employer-sponsored plan covered by the Employee Retirement Income Security Act of 1974 (ERISA), 29 USC ' 1001 <i>et seq</i>. While individual policies are traditionally governed by applicable state common law contract principles, ERISA preempts any and all state laws "insofar as they may now or hereafter relate to" a covered disability plan, and such state laws encompass "all laws, decisions, rules, regulations, or other state actions having the affect of law, of any State" as well as statutory provisions and common law claims.

Features

U.S. e-Commerce Keeps Rising

ALM Staff & Law Journal Newsletters

With the federal government's 2004 fourth-quarter e-spending figures in, the expression "Nowhere to go but up" could have been coined as the motto for U.S. e-commerce activity.

Features

e-Commerce Docket Sheet

Julian S. Millstein, Edward A. Pisacreta & Jeffrey D. Neuburger

Recent cases in e-commerce law and in the e-commerce industry.

Features

The Deal Before The Deal

Stanley P. Jaskiewicz

Only the strongest survive in the jungle, and whether that jungle is on an island or in the business world ' Darwin's laws apply as much to the marketplace as to nature. This is particularly true in the tech sector. In the tumultuous online economy, firms fail or get bought out round-the-clock. <br>However, a good entrepreneur knows when to sell ' sometimes to catch a rising market, other times to cut losses. But deals don't usually get done immediately ' nor should they. Signing the first acquisition proposal doesn't let you fine-tune the deal. Even worse, you'll never learn what your opponent hasn't yet put on the table if you're too quick to scrawl your name on the dotted line.

What Protection Do Foreign Firms' Trademarks Have In The United States?

Patrick J. Jennings

What happens when two businesses, one an insurance broker on the Canadian side of Niagara Falls and the other a bank holding company on the American side, begin using similar domain names and trademarks that result in thousands of misdirected e-mails?

Bankruptcy Fraud in the Spotlight?

Ronald H. Levine

As we all know, the feds continue to investigate and prosecute fraud in the financing, accounting and operation of businesses. The Second Year Report of the President's Corporate Fraud Task Force declares that over 500 corporate fraud convictions have been obtained to date and that charges have been brought against over 60 corporate CEOs or presidents. However, executives and their counselors would do well to note that the government's will and ability to prosecute high-level management may not lessen just because a business is in extremis.

Features

Money Laundering Compliance Examinations

Michael Zeldin

The biggest change that financial institutions face is the new, expanded-scope anti-money laundering (AML) regulatory examination and the proliferation of Written Agreements, Memoranda of Understanding, or Cease and Desist Orders issued by bank regulatory agencies should the financial institution be found to be deficient. An analysis of recent regulatory orders including, among others, AmSouth, ABN AMRO, Standard Chartered, Hudson United Bank, and City National Bank, demonstrates that the regulators are focused on multiple issues.

Features

Business Crimes Hotline

ALM Staff & Law Journal Newsletters

Recent rulings of importance to you and your practice.

Need Help?

  1. Prefer an IP authenticated environment? Request a transition or call 800-756-8993.
  2. Need other assistance? email Customer Service or call 1-877-256-2472.

MOST POPULAR STORIES