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Features

Will Dave & Buster's ACA Employer-Mandate Plan Design Land It in Hot Water with ERISA? Image

Will Dave & Buster's ACA Employer-Mandate Plan Design Land It in Hot Water with ERISA?

Jennifer S. Kiesewetter

Under the ACA, employers with 50 or more full-time, or full-time equivalent, employees on business days during the previous calendar year are required to offer qualified health care coverage, which meets minimum value and affordability standards to their full-time employees. If they fail to comply with these this "employer mandate," then the employer may be faced with significant penalties.

Features

Corporate-Sponsored Research Agreements With Universities Image

Corporate-Sponsored Research Agreements With Universities

Michael C. Lee

Corporate-sponsored research plays a crucial role in performing foundational research in new technology areas. These research projects are also mutually beneficial. Corporate sponsors receive a cost-effective opportunity to explore new technology areas with leading academics and talented students. In turn, universities benefit from Sponsors providing research funding and industry expertise.

Actions by Insureds Against Brokers: 'Special Relationships' Image

Actions by Insureds Against Brokers: 'Special Relationships'

Lisa Bentley

Two years ago, the New York Court of Appeals issued its seminal decision in &lt;I&lt;Voss v. The Netherlands Insurance Company</I>, holding that a broker could be subject to liability for negligence or other tort claims where such liability would be unattainable in the typical broker-insured relationship.

Features

Applying the Doctrine of Incorporation by Estoppel in New York Image

Applying the Doctrine of Incorporation by Estoppel in New York

George Bundy Smith And Thomas J. Hall

The incorporation by estoppel doctrine is today well established in the Commercial Division. Accordingly, defendants who contract or otherwise deal with an entity as a corporation run the risk of being estopped from denying the entity's corporate existence in any action arising out of such contract or dealing.

Features

Wearable Fitness Tracking Devices Image

Wearable Fitness Tracking Devices

Kristin Jamberdino & Christopher Mason

In last month's newsletter, we discussed the boom in the sale and use of the new wearable fitness tracking devices and the fact that litigation over their perceived failings was likely to follow. Now, we turn to a third such lawsuit, this one against Fitbit.

Columns & Departments

Case Notes Image

Case Notes

A look at a case in which a husband forfeited his spousal share of the marital estate.

Features

Second Circuit Asks NY Ct. of Appeals To Answer Pre-1972 Recordings Issue Image

Second Circuit Asks NY Ct. of Appeals To Answer Pre-1972 Recordings Issue

Mark Hamblett

The New York Court of Appeals has been sent an important and unresolved issue on copyright infringement for music recorded prior to 1972. The U.S. Court of Appeals for the Second Circuit has asked New York's highest court to determine whether there is a right of public performance for creators of sound recordings under that state's law and "if so, what is the nature and scope of that right?"

Bit Parts Image

Bit Parts

Stan Soocher

Lanham Act Injunction Against Former Commodores Member Enforceable Outside the United States&lt;br&lt;Universal Pictures London-Based Affiliates Not Subject to Personal Jurisdiction in Missouri in Litigation over Distribution Deal

Columns & Departments

Med Mal News Image

Med Mal News

Review of a case in which another health care worker was indicted for stealing opioids at work.

Columns & Departments

Case Notes Image

Case Notes

Examination of a case in which a landlord was not obligated to repair a roof.

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MOST POPULAR STORIES

  • Private Equity Valuation: A Significant Decision
    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.
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  • Meet the Lawyer Working on Inclusion Rider Language
    At the Oscars in March, Best Actress winner Frances McDormand made “inclusion rider” go viral. But Kalpana Kotagal, a partner at Cohen Milstein Sellers &amp; Toll had already worked for months to write the language for such provisions. Kotagal was developing legal language for contract provisions that Hollywood's elite could use to require studios and other partners to employ diverse workers on set.
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