Columns & Departments

Discussion of three important rulings.

Features

Either diversity jurisdiction or federal question jurisdiction must exist to pursue a declaratory judgment action in federal court, and courts increasingly are questioning jurisdiction and dismissing declaratory actions on their own initiative.

Features

The Equal Employment Opportunity Commission, which has made discrimination against pregnant workers a focal point of its enforcement priorities over the past few years, ratcheted up its pressure on employers by publishing a new "Enforcement Guidance on Pregnancy Discrimination and Related Issues."

Features

Spin-offs have become a common way for corporations to address underperforming assets. However, if the newly spun-off company runs into financial difficulties, it can be, and often is, second-guessed by creditors and lawsuits can follow.

Features

With a diversified consumer base, a stable economy, and a well-established legal system, Canada is a receptive jurisdiction for expanding U.S. franchise systems, as long as the U.S. franchisor plays by Canada's rules.

Features

Due to the low number of reported cases addressing the treatment of noncompete agreements in bankruptcy sales and abundance of conflicting precedents across different states, it is important for attorneys and their clients to anticipate and address these issues early in the bankruptcy sale process.

Features

Much of the staff alignment in an organizational chart is predicated on the particular styles, strengths, and weaknesses of its leadership, not on some universally accepted top-down box managerial arrangement. Despite this, the author feels increasingly compelled to endorse alignment of the CMO/CBDO with the COO, not the Managing Partner.

Features

Much to the chagrin of class action litigation proponents, the expansive reach of mandatory arbitration has gained a strong foothold in recent years, due to the overwhelmingly pro-arbitration precedent established by the Supreme Court in its <I>Concepcion</I> and <I>Italian Colors</I> decisions, which express a clear federal policy in favor of enforcing class action waivers contained in arbitration agreements.