Civil Procedure General Business Administrative Agency

Read Civil Procedure updates, alerts, news, and legal analysis from leading lawyers and law firms:
News & Analysis as of

Part III: Has Congress Spoken and Does It Really Matter? The Wyndham Worldwide Case and the Expanding Power of the FTC to Police...

In the first and second parts of this series, we provided a summary of the District Court of New Jersey’s recent decision in FTC v. Wyndham Worldwide Corp. and then focused on whether the FTC has given “fair notice” to...more

Choice of Forum in Federal Excise Tax Refund Cases

To challenge an administrative determination and assessment of federal excise tax, taxpayers in refund cases have a choice of two different federal courts to bring an action: the U.S. federal district court and the U.S....more

New York Trial Court Holds that Administrative Orders Do Not Constitute "Final Adjudications"

New York Trial Court Holds that Administrative Orders Do Not Constitute “Final Adjudications” For Purposes of Applying Fraud/Dishonesty Exclusion in Professional Liability Policy - A recent New York trial court...more

SOX Un-Boxed

Prepare for DOL whistleblower litigation. The Supreme Court has ruled on the scope of the Sarbanes-Oxley Act whistleblower provision. According to SCOTUS, SOX allows any employee to bring a whistleblower complaint, so long...more

OSHA Issues Interim Final Rule for FSMA Whistleblower Claims

The new rule contains important guidance regarding several aspects of the Food Safety Modernization Act’s whistleblower provision. The Occupational Safety and Health Administration (OSHA) has issued an interim final...more

Brother Can You Spare $8.9 Billion? Making Sense of SEC Civil Money Penalties

If you or your company has ever been involved in a long SEC enforcement investigation, you’ve probably gone through the five stages of grief?denial that you did anything wrong, anger that the enforcement lawyers are pursuing...more

Ninth Circuit Finds Environmental Document for Chukchi Sea Lease Sale Violates NEPA

On January 22, 2014, the United States Court of Appeals for the Ninth Circuit held that the Final Environmental Impact Statement ("FEIS") and Supplemental Environmental Impact Statement ("SEIS") regarding the effects of...more

Compelling Individual Arbitration Violates National Labor Relations Act? It Does According to ALJ

Joining the ever growing list of opinions on the arbitrability of class claims, an NLRB Administrative Law Judge recently ruled that an arbitration agreement that did not expressly bar workers from bringing class or...more

D.R. Horton on Steroids: NLRB Invalidates Arbitration Agreement Without Class Waiver

As reported previously here, the National Labor Relations Board (“NLRB” or the “Board”) in D.R. Horton, Inc., 357 NLRB No. 184 (2012), held that requiring employees to enter into an arbitration agreement containing a...more

D.R. Horton Still Alive: NLRB Judge Says Employer’s Intent to Compel Employees to Waive Class Claims Renders Arbitration Clause...

Although the Circuit Courts of Appeals that have addressed the issue currently stand united in the view that class arbitration waivers in individual employment contracts do not violate the National Labor Relations Act...more

Time’s Up: Supreme Court Upholds Enforcement of Claim Limitations in ERISA Plan Language

Christmas may have come a little early for plan administrators and companies looking for clarity in ERISA litigation. Last Monday, the U.S. Supreme Court ruled 9-0 in Heimeshoff v. Hartford Life & Accident Insurance Co. that...more

U.S. Supreme Court Holds that ERISA Plan Can Enforce Contractual Limitations Provision to Bar Benefit Claim Lawsuit

The U.S. Supreme Court in Heimeshoff v. Hartford Life & Accident Insurance Co. et al. resolved a split among the circuits when it held that a contractual limitations clause in an ERISA-governed long-term disability benefits...more

High Court Limits Timing Of Certain ERISA Claims

The U.S. Supreme Court unanimously upheld a contractual clause that limited a participant’s ability to file a lawsuit pursuant to a long-term disability (LTD) policy. The contractual limitation was three years from the date...more

Effective Use of CPM Scheduling

In a relatively recent case, Metcalf Construction Co. v. U.S., 107 Fed. Cl. 786 (2012), the U.S. Court of Federal Claims once again looked to the critical path method (CPM) in determining the allocation of damages in a...more

Are You Subsidizing Another State's Air Pollution?

You might have to, if the Environmental Protection Agency gets its way in the U.S. Supreme Court on Tuesday. The court will hear oral arguments in a case dealing with the EPA’s ability to regulate cross-state, or...more

To Adjourn or Not to Adjourn, That is the Question

Scheduling discipline hearings is difficult. In order to get to a hearing, the regulator often needs to coordinate the schedules of many very busy people. Once the regulator finally has all those people together, it can be...more

Value of Intangible Assets That Make a Direct Contribution to the Going Concern Value of a Business Must be Deducted from Property...

After the sale of an upscale city hotel, a county assessor reassessed the property. The new owner challenged the assessment, claiming it improperly included the value of nontaxable intangible assets. The county assessment...more

MoFo New York Tax Insights - Volume 4, Issue 12 - December 2013

In This Issue: Governor’s tax Reform Commission Issues Final Report; Third Department Affirms tribunal: Government Financing Arrangements Are not Investment Capital; Appellate Division holds taxpayer Failed to Prove...more

Illinois Local Sales Tax Sourcing Uncertainty is Over…Replaced by Chaos: Hartney Wins Tax Situs Suit, But Governing Regulations...

On November 21, 2013, in Hartney Fuel Oil Company v. Hamer, the Illinois Supreme Court determined that the longstanding regulations for sourcing sales for local sales and use tax purposes promulgated by the Illinois...more

Sonic-Calabasas II: A New Wrinkle In Arbitration Law In California

The California Supreme Court’s decision in Sonic Calabassas A, Inc. v. Moreno has the potential to eliminate a powerful tool used by employers to avoid administrative hearings before the California Department of Labor,...more

The California Supreme Court Tackles The U.S. Supreme Court’s Decision in Concepcion – Still Finds Wiggle Room For California...

The enforceability of employment-related arbitration agreements has been a hot-button issue these past couple of years. The latest fight, federal vs. California law, has just played out in the California Supreme Court’s very...more

The CA Supreme Court Issues a Confusing Opinion on the Question of Whether Employees can be forced to Arbitrate Unpaid Wage Claims...

We have written regularly regarding the enforceability of arbitration clauses contained in standard employment agreements. Understandably, most employers would love to avoid the uncertainty of appearing before a judge or jury...more

Will the Supreme Court Change the Law on Limitations?

On Tuesday, the United States Supreme Court heard oral argument in an ERISA-governed long term disability benefits case, Heimeshoff vs. Hartford Life and Wal-Mart Stores Inc. (Case Number 12-729). The plaintiff in the case...more

The PBGC Not Entitled to Administrative Deference for Involuntary Plan Termination

As we previously noted, the PBGC filed a complaint (E.D. Pa. Case No. 13-02069) to involuntarily terminate a defined benefit plan prior to a corporate transaction that would change the plan sponsor’s controlled group. The...more

City Not Required to Provide a Defense to Former Administrative Officer Accused of Looting City’s Coffers

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

197 Results
|
View per page
Page: of 8

Follow Civil Procedure Updates on: