SullCrom Sees Litigation Boom Despite Waning Credit Crisis
Karl Rove's Efforts to "Buy" Courts Harmed America, Says Legendary Attorney
How Did The NFL Get This So Wrong?
Recognition of Foreign Judgments in the United States (VIDEO)
Blecker: GM Recalls Show Need for Harsher Penalties for "Red Collar" Criminals
Polsinelli Podcasts - Be Careful What you Put in Writing - What Companies Need to Know About Document Retention
An Overview of the 2014 Class Action Survey
Two-Pronged Approach to Defending Lawsuits – Interview with Dominic Picca, Member, Mintz Levin
Class Action Trends – Interview with Stephen Gulotta, Managing Member, Mintz Levin's New York Office
Bill on Bankruptcy: Detroit Judge Might Lose Grip on the Case
Class Action Litigation Reform – Interview with Dan Pascucci, Member, Mintz Levin
Spitzer "Disappointed" in Wall Street's Regulators
Unique Privacy Concerns for Mobile Apps
Common Employment Law Mistakes for Small, Start-Up and Growing Companies
Safeguards against Data Security Breaches (Part One)
Weekly Brief: 78% of Law Schools Ignore ABA Rule
Weekly Brief: DOJ Memo Details Justification For Killing US Citizens
Can Feds Force Companies to Disclose Political Spending?
Three Key Data Retention Questions
Newtown Shootings Could Give Rise to More Litigation, Says Pinsky
In Coventry University v Mian  EWCA Civ 1275, the Court of Appeal considered whether an employer had breached its duty of care by commencing disciplinary action against an employee on the basis of a preliminary, rather...more
In its second significant decision on public employee pensions of the morning, the Illinois Supreme Court has reversed the Appellate Court in The People ex rel. Madigan v. Burge. In an opinion by Justice Anne M. Burke, joined...more
The City of Bell (“City”) sued Robert Rizzo (“Rizzo”), its former chief administrative officer, for restitution after he allegedly looted the City’s coffers. Rizzo, who also faced criminal charges, asserted that the City was...more
Editor's Overview - The importance of clear and unambiguous plan language cannot be overstated. The Second Circuit recently applied this well-established principle to conclude that a plan's administrative claims process must...more
Sometimes employers can’t see the forest from the trees. This is often the case when it comes to the work environment, including workplace policies, and their impact on employee productivity and retention.
In the rush to...more
A recent decision by the Sixth Circuit Court of Appeals held that a nurse’s claim for unpaid wages attributed to working during unpaid meal breaks, did not violate the Fair Labor Standards Act (“FLSA”). White v. Baptist...more
Most employment agreements in California are for at-will employment. This means that the employer can terminate the employee at any time, with or without cause, so long as termination is not for a reason otherwise unlawful...more
This week's article is dedicated to a discussion of the recent Indiana Court of Appeals decision in Fox v. Nichter Construction Co., Inc., in which the court examined the interplay of Indiana's Wage Payment and Wage Claim...more
We know that an ERISA plan administrator both administering and funding the plan is operating under a “structural conflict of interest.” This “structural conflict of interest” may lower the deference a trial court will give...more
California has been a haven for plaintiffs’ attorneys suing for ADA (American With Disabilities Act) violations because of existing law that provided up to $4000 in statutory damages, along with attorneys fees for every...more
Annual report prepared by the Securities and Exchange Commission's Office of the Whistleblower, detailing efforts to implement the Dodd-Frank mandated whistleblower incentives and protection program over the past twelve...more
In This Issue:
- "Second Circuit Clarifies “Substantial Assistance” Standard for Aiding and Abetting Liability in SEC Enforcement Actions"
- "NLRB Prohibits Employers from Requesting that Employees Keep Silent...more
The best defense against a wrongful termination claim is good cause. And a California employer would have difficulty quantifying good cause if performance expectations and measurements are not established in advance, ideally...more
Is a non-exclusive insurance agent an independent contractor or an employee?
Insurance agents and salespeople with the discretion to determine when, how, and whether to sell a company’s products may properly be classified...more
Hiring long lasting employees is of great benefit to a business, even these days when workers are especially mobile, often changing jobs and employers on a regular basis.
The old paradigm of workers staying with one...more
A requirement to wait 30 days before filing lawsuits for construction-related accessibility claims under the Americans with Disabilities Act has been deleted from the latest version of a bill (SB 1186) winding its way through...more
In This Issue:
- Editor's Overview
- The Affordable Care Act and Its Coverage Mandates for Employers: A Potent Recipe for ERISA Class Actions
- Rulings, Filings, and Settlements of Interest
In this issue:
- FINRA and ISG Postpone Effective Dates for Enhanced Electronic Blue Sheet Submission
- ICE Announces Plans to Transition Swaps to Futures Contracts
- CFTC Roundtable to Discuss Customer...more
One tricky issue at the beginning of every internal investigation is determining whether the government is investigating the same issue.
If the government is conducting its own investigation, tricky issues can come up...more
Sixth Circuit finds that plan fiduciaries did not breach their duties when participants' investments were transferred to the plan's default fund without their explicit consent....more
INSIDE THIS ISSUE:
-District court upholds prudence claim, dismisses communications and monitoring claims brought by participants in Community National Bank Corporation Employee Stock Ownership Plan;
Recent years have brought many challenges by 401(k) plan participants contesting either the reasonableness of fees charged to them for various administrative and investment-related services or the adequacy of the disclosure...more
On Thursday, March 22, the Senate cleared the House version of the Stop Trading on Congressional Knowledge Act (STOCK Act) by unanimous consent. The legislation will now head to the President’s desk to be signed into law. The...more
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