Administrative Law, Civil Procedure, Commercial Law & Contracts

ARB Says Equitable Modification of SOX Statute of Limitations Saves Untimely Complaint

by Allana Grinshteyn, Harris M. Mufson, Steven J. Pearlman | Proskauer - Whistleblowing & Retaliation on 4/12/2013

On March 29, 2013, the Department of Labor’s Administrative Review Board (“ARB”) ruled that a “standstill” agreement between an employer and employee that required both parties to provide notice before initiating legal...more

Judge Invalidates California Regulation on Estimating Replacement Costs for Homeowners Insurance

by Larry Golub, Samuel Sorich | Barger & Wolen on 4/4/2013

On March 25, 2013, Los Angeles Superior Court Judge Gregory Alarcon issued a decision which found the California Department of Insurance’s regulation on estimating replacement costs for homeowners insurance to be invalid. The...more

It Pays To Add A Statute Of Limitations To Your Plan’s Claims Procedure

by Angela Bohmann | Leonard, Street and Deinard - Employee... on 3/12/2013

ERISA requires that plans contain a reasonable claims procedure. Courts have generally required claimants to exhaust that claims procedure before filing a lawsuit. In addition, if the plan gives the plan administrator...more

Assessment Appeals Commission Holds that Personal Property is Valued at Capitalized Cost

by Brett R. Carter, Joseph Gibbs, Patricia Head Moskal | Bradley Arant Boult Cummings LLP on 2/25/2013

The Assessment Appeals Commission (“AAC”) of the Tennessee State Board of Equalization has reversed a 2011 administrative law judge decision, holding that intangible costs (such as freight, installation, engineering costs and...more

Eighth Circuit Upholds Employment Agreement Waiving Collective Action Rights

by Erin Clarke, Daniel V. Johns, Steven Suflas | Ballard Spahr LLP on 1/15/2013

The U.S. Court of Appeals for the Eighth Circuit has joined the clear majority of federal district courts in concluding that employment arbitration agreements may bar class and collective actions, in spite of the National...more

Eighth Circuit “Owes No Deference” To NLRB Ruling On Class Arbitration

by Liz Kramer | Leonard, Street and Deinard - Arbitration... on 1/11/2013

One year ago, the NLRB ruled in D.R. Horton, Inc. that it is a violation of federal labor law for employers to require their employees to sign arbitration agreements waiving class actions, and that any arbitration agreements...more

Supreme Court Upholds Nike’s Promise to “Break the Wrist, and Walk Away”

by Steve Baird | Winthrop & Weinstine, P.A. on 1/10/2013

Not every day does the United States Supreme Court weigh in on a topic impacting the trademark world, but it did so yesterday in Already, LLC v. Nike, Inc., a case illustrating what can happen when a trademark plaintiff wants...more

Possible New Defenses for ATM Suits

by William Frank Carroll, Cary Plotkin Kavy, Karen Neeley | Cox Smith on 1/5/2013

Bankers received a Christmas present on December 20, 2012 when President Obama signed H.R. 4367, which eliminates the requirement for physical notices on ATMs regarding fees. That information is already disclosed onscreen,...more

Three-Year Deadline for Recovery of Invalid Anti-Dumping Duties

by Philip Bentley | McDermott Will & Emery on 1/5/2013

The judgment of the Court of Justice of the European Union in CIVAD (C-533/10, 14 June 2012) reminds all importers that even if the Court declares an anti-dumping duty or countervailing duty invalid, an importer will not be...more

MoFo New York Tax Insights - Volume 4, Issue 1 - January 2013

by Paul Frankel, Hollis L. Hyans, Kara M. Kraman, Amy F. Nogid, Irwin M. Slomka | Morrison & Foerster LLP on 1/4/2013

In This Issue: Court of Appeals Reverses Appellate Division, Holds that EchoStar’s Equipment Purchases Qualified as Sales for Resale; Appellate Court Holds Electronic Messaging Services Subject to Sales Tax; ALJ Finds...more

California Appeals Court Enjoins Nonjudicial Foreclosure For Lenders’ Failure To Comply With HUD Servicing Requirements

by BuckleySandler LLP on 1/3/2013

On December 13, the California Court of Appeal for the First Appellate District held that the HUD servicing requirements were incorporated by reference into the borrowers’ FHA deed of trust and served as conditions precedent...more

BLG Monthly Update for January 2013

by Neil Guthrie on 1/3/2013

Pot-smoking teens, ownership of e-mail, insider trading on false info -- all this and more in the BLG Monthly Update for January 2013!...more

Michigan Passes Revised Uniform Arbitration Act

by Richard Hooker | Varnum LLP on 1/2/2013

Michigan's "bare bones" arbitration laws have been given more definition by legislation passed in the recent lame duck legislative session. The new statute, effective July 1, 2013 deals with virtually the full spectrum of...more

TILA Does Not Require a Loan Servicer to Identify the Loan's Owner

by Patrick Wong | Foley & Lardner LLP on 1/2/2013

The Ninth Circuit recently sided with a loan servicer who was sued by a borrower for failing to provide him with the loan owner’s information. In Gale v. First Franklin Loan Services et al., 686 F.3d 1055 (9th Cir. 2012),...more

Seventh Circuit dismisses NLRB recess appointment challenge

by Barbara S. Mishkin | Ballard Spahr LLP on 1/2/2013

Because of their potential implications for the validity of CFPB Director Cordray’s appointment, we have been following several pending cases challenging the National Labor Relations Board’s authority to take various actions...more

New Legislation Prevents Privilege Waiver When Providing Information To CFPB

by Stephen M. Quinlivan | Leonard, Street and Deinard - Dodd-Frank and... on 12/31/2012

A new bill has been signed into law which prevents a waiver of attorney-client privilege when a regulated entity submits information to the CFPB. ...more

Second Circuit Reverses Bacolitsas Decision in Rare Win for Condo Developers

by Joseph E. Lubinski, Patrick H. Pugh | Ballard Spahr LLP on 12/31/2012

A condominium developer has garnered a significant victory in a dispute with a buyer as the result of a decision by the U.S. Court of Appeals for the Second Circuit....more

Déjà Vu All Over Again: California Federal Court Finally Tells Merchants When They Can Ask Consumers for Personal Infomation - But...

by Michael Mallow, Michael Thurman | Loeb & Loeb LLP on 12/28/2012

A federal judge in the U.S. District Court for the Eastern District of California issued an opinion Dec. 17, 2012, that seems to answer definitively a question that has weighed on the minds of California merchants for the...more

Gaming Legal News - December 20, 2012 • Volume 5, Number 28

by Ryan M. Shannon, Patrick Sullivan, Dennis J. Whittlesey | Dickinson Wright on 12/24/2012

In This Issue: - Indian Gaming Issues To Watch In 2013 - Will The Ex Parte Young Doctrine Swallow Tribal Sovereign Immunity Whole? - Detroit Casinos’ November Revenues Decrease From Save Month Last Year: Michigan...more

BLG Monthly Update for December 2012

by Neil Guthrie on 12/19/2012

UGG boots, thieving drug addicts, misappropriated sheep and the usual neat contracts cases: all this and more in the BLG Monthly Update for December....more

Southern District of New York Compels Arbitration of FLSA Collective Action Claims on an Individualized Basis

by Rebecca R. Hirschklau, Eric Raphan | Sheppard Mullin Richter & Hampton LLP on 12/12/2012

On December 4, 2012, Southern District of New York District Judge Barbara S. Jones, granted a motion to compel arbitration on an individual basis in a class and collective action brought pursuant to, among other things, the...more

Governmental Actions That May Assist Insurance Recovery for Superstorm Sandy Claims

by Lynda A. Bennett, Andrew S. Zimmerman | Lowenstein Sandler LLP on 12/6/2012

Following the widespread destruction caused by “Superstorm Sandy,” the governors of New York and New Jersey declared states of emergency and issued numerous emergency executive orders and directives. Some of these orders have...more

Court of Appeals Reverses NLRB Finding Of No Impasse

by Mark Theodore | Proskauer - Labor Relations on 12/1/2012

Sometimes in negotiations the parties just cannot agree on certain items. Such a deadlock under certain circumstances can have legal consequences under the concept of “impasse,” one of the more shadowy, hard to define issues...more

Employee Was Not Entitled To “Reporting Time Pay” For Attending Scheduled Meeting Or “Split Shift” Pay Because He Earned More Than...

by Laura Izon Powell, Bruce A. Scheidt, David W. Tyra | Kronick, Moskovitz, Tiedemann & Girard on 11/26/2012

An employee who attended scheduled meetings and worked at least half of the scheduled time was not entitled to receive “reporting time pay” and he also was not entitled to additional compensation for “split shift” pay when he...more

Court Denies Whistleblowers Motion for Summary Judgment Finding Agreements Specific Enough to Meet Anti-Kickback Statute Safe...

by King & Spalding on 11/26/2012

On October 29, 2012, the federal District Dourt for the Middle District of Florida denied a whistleblower’s summary judgment motion alleging that certain agreements failed to meet the safe harbors established under the...more

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Administrative Law › Civil Procedure › Commercial Law & Contracts