Hotline
November 29, 2005
Dismissal of jury's insider trading guilty verdict upheld: A divided Second Circuit has upheld the dismissal of a guilty verdict against a computer company…
Class Action Waivers in California: Discover Bank and Employment Arbitration
November 29, 2005
It is a matter of significant controversy and a subject of much litigation whether the U.S. Supreme Court's Federal Arbitration Act (FAA) jurisprudence enforcing pre-dispute arbitration agreements, regardless of whether the underlying dispute derives from contract, statute or public policy, extends to situations where individuals seek to bring class claims on behalf of large groups either in court or before the arbitral tribunal. Mostly, the decisions have supported this extension, provided the arbitration agreement authorizes the decision-maker to apply statutory as well as contract law and to award statutory remedies for proven violations. Because plaintiffs' lawyers have responded to these developments by bringing class claims in arbitration, despite silence in the underlying agreement whether the arbitrator possesses "class certification" authority, a number of companies have inserted express class action waivers in their arbitration programs. A recent decision of the California Supreme Court places in question the legal effectiveness of this response, at least in that state and for "consumer"-type claims.
When Does A Workday Begin? When Does It End?
November 29, 2005
These relatively simple questions are not always easy to answer, particularly when they pertain to pay issues under the Fair Labor Standards Act (FLSA). On Nov. 8, 2005, the U.S. Supreme Court provided some needed clarification in two consolidated cases ' IBP, Inc. v. Alvarez and Tum v. Barber Foods, Inc.
The Right To Copy ' and Use ' Unprotected Product Designs Is Alive And Well
November 29, 2005
The Seventh Circuit has reaffirmed a competitor's right to copy and use unprotected product designs ' and clarified the ability to do so without violating the Lanham Act for "passing off" or trade dress infringement. <i>Bretford Mfg., Inc. v. Smith System Mfg., Corp.</i> This article examines the legal precedent behind the right to copy and use unprotected product designs in the context of this case, and provide analysis of its impact.
Sarbanes-Oxley Versus The Attorney-Client Privilege
November 29, 2005
Ironically, the SEC and the Department of Justice, which enforce SOX's criminal provisions, appear ready to burden the traditional ethical obligations of corporate legal counselors to keep client communications confidential in an effort to police the integrity and ethics of other corporate gatekeepers. To that end, the SEC imposes certain reporting requirements on corporate counselors, attempts to preempt state ethics rules, and DOJ prosecutors routinely pressure "target" corporations to waive the attorney-client privilege to obtain "cooperation" points. Corporate counselors must be aware of those initiatives to properly balance their competing obligations.
Choosing Collaborative Family Practice
November 29, 2005
With the advent of Collaborative Family Practice, marital dissolution can be accomplished through three distinct processes. The litigation alternative was joined by family mediation in the early 1980s and by collaborative practice in the early 1990s (the genesis of Collaborative Family Practice is found in the work of Stuart Webb, a family lawyer from Minneapolis). With the establishment of viable collaborative alternatives throughout the United States, including New York, the threshold decision for divorcing parties has become the choice of process rather than the choice of lawyer. This article highlights the elements of the newest alternative -- Collaborative Practice.
Back Child Support
November 29, 2005
The Child Support Standards Act (CSSA) was enacted to promote New York's public policy concern that both parents contribute to their children's support -- and in response to federal law that mandatory support guidelines be in effect as a predicate to eligibility for federal funding. >i>Panossian v. Panossian</i>, 201 A.D.2d 983 (4th Dept., 1994); <i>Rakoszynski v. Rakoszynski</i>, 174 Misc.2d 509 (1997). It is settled law that agreements that contract away the obligation to pay child support are void as against public policy and, thus, unenforceable. <i>Strenge v. Bearman</i>, 228 A.D.2d 664 (1996). Although seemingly straightforward, the narrowly defined statutory scheme regarding the retroactivity of child support has been indirectly, yet, significantly broadened as a result of recent judicial authority involving unrelated issues.
Landmark Same-Sex Case Overturned
November 29, 2005
The courts of New York dealt another blow to the cause of same-sex partners' family rights in October when the Appellate Division, Second Department, reversed the Nassau County Supreme Court's denial of a motion to dismiss a wrongful death suit brought against a hospital by the surviving member of a couple legally joined in a Vermont civil union ceremony. The case, <i>Langan v. St. Vincent's Hosp. of New York</i>, 2005 NY Slip Op 7495; 2005 N.Y. App. Div. LEXIS 10922 (2d Dept. 10/11/05), undid a holding that had been touted as a significant victory for gay rights in New York.
Beastly Beauty Contest for Preferred Providers
November 29, 2005
In this compelling snapshot of a growing trend, Eriq Gardner describes the newly expensive vetting procedures now faced by outside firms choosing to pursue business with a highly demanding large client. Gardner also touches on law business practices (<i>eg</i>, long-term fixed-fee contracting for an entire class of a client firms' litigation needs) that may bode ill for the quality of justice produced by the overall legal system
