Features
Will Dave & Buster's ACA Employer-Mandate Plan Design Land It in Hot Water with ERISA?
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
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'
Two years ago, the New York Court of Appeals issued its seminal decision in <I<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
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
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
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
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
Lanham Act Injunction Against Former Commodores Member Enforceable Outside the United States<br<Universal Pictures London-Based Affiliates Not Subject to Personal Jurisdiction in Missouri in Litigation over Distribution Deal
Columns & Departments
Med Mal News
Review of a case in which another health care worker was indicted for stealing opioids at work.
Columns & Departments
Case Notes
Examination of a case in which a landlord was not obligated to repair a roof.
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