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Features
The authors review 13 recent cases, dating from 2011 through 2015, that invoked the business judgment rule. The cases discussed show that the all-important <I>Levandusky</I> ruling is still widely applied to give deference to a broad range of board actions.
Features
Lawyers are increasingly expected to understand the implications of cybersecurity when providing advice relating to a long list of matters that include privacy compliance, contract compliance, data breach response, data breach litigation, M&A due diligence, and insurance coverage. As a result, it is important that lawyers understand the latest trends in cyber intrusions that may expose their stakeholders to unwarranted risk and allow adversaries to exploit technical and human vulnerabilities.
Features
One of the most surprising things about the case that Winn-Dixie brought against three national dollar store retailers for alleged violations of Winn-Dixie's exclusive use provisions in more than 100 shopping centers is that Winn-Dixie elected to pursue remedies against the dollar stores rather than the landlords that granted Winn-Dixie an exclusive-use provision with respect to the sale of certain grocery items.
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Individual corporate officers of pharmaceutical, medical device, food and related companies can be prosecuted for violations of the United States Federal Food, Drug, and Cosmetic Act (FDCA) under the Park Doctrine. Such prosecutions "tip off" plaintiffs' attorneys to possible areas of product liability litigation to bring against a company.
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2016 is in full swing and we will soon be conducting the 2016 Mattern & Associates Cost Recovery Survey. We've been conducting this bi-annual survey since 2004 and, during that time, it has become an industry resource for tracking the cost recovery practices of law firms across size and geography.
Features
n a first-of-its-kind decision, the Eleventh Circuit deferred to the EEOC and held that job applicants may bring "disparate impact" claims for age discrimination against potential employers, even in the absence of evidence of intentional discrimination. The court additionally held that the statute of limitations for filing a charge with the EEOC may be tolled in such cases.
Features
The Buffalo Philharmonic Orchestra (BPO) had little choice but to fire its principal oboist for his repeated clashes with the symphony's conductor, other musicians and staff, the U.S. District Court for the Western District of New York found in upholding the "fair and just" findings of an arbitrator.
On Jan. 20, 2016, the United States Supreme Court rendered its decision, in an Eleventh Circuit case in which an ERISA health plan sought to recover medical benefits paid to an injured participant after that participant's personal injury settlement funds had already been spent.
Successfully negotiating a monetary settlement in an on-the-job injury, discrimination, harassment, retaliation, wage and hour or other employment-related claim is the responsibility of all parties ' both defense and plaintiff. Here's a look at structured settlements.