Benesch

Landmarks - Summer 2015

Technologically savvy shoppers visiting brick-and-mortar retail locations are increasingly engaging in “showrooming,” a practice where consumers use the brick-and-mortar retail location to evaluate a product in person, yet…more
| Commercial Law & Contracts, Real Estate - Commercial, Science, Computers, & Technology

InterConnect - Summer 2015

Shippers who are used to doing business with motor carriers often present freight brokers with a shipper-carrier agreement (often described as a “Motor Carrier Agreement”) of one kind or another to serve as the basis of a…more
| Commercial Law & Contracts, Insurance, Labor & Employment Law, Maritime Law, Transportation

Compliance: Reporting Overpayments and the 60-day Clock

On August 3, 2015, a federal judge in New York issued an important opinion regarding the False Claims Act and what it means to “identify” an overpayment for purposes of starting the 60-day clock in which Medicare and Medicaid…more
| Government Contracting, Health

SEC Adopts Final Rules on CEO Pay Ratio Disclosure

On August 5, 2015, the Securities and Exchange Commission (“SEC”) adopted long-awaited final rules on CEO pay ratio disclosure (the “Rules”), which require that almost every SEC registrant disclose the ratio of the annual total…more
| Business Organizations, Commercial Law & Contracts, Labor & Employment Law, Securities Law

Rejected Offer Of Judgment Does Not Moot Plaintiff’s Claim, Fifth Circuit Holds

On August 12, 2015, the Fifth Circuit held that a plaintiff’s rejection of an offer of judgment does not moot the plaintiff’s claim, even if the offer provides complete relief to the plaintiff. Hooks v. Landmark Indus., Inc.,…more
| Civil Procedure, Civil Remedies

Private Equity Quarterly Report - Q2, 2015: Benesch Aerospace and Automotive Market Intelligence

Aerospace Market Overview - A record-setting year for aircraft orders has created a huge production backlog, which is good news for commercial aircraft manufacturers and tier suppliers. Elsewhere, machine vision, robotics,…more
| Commercial Law & Contracts, Finance & Banking, Government Contracting, Mergers & Acquisitions, Securities Law

Seventh Circuit Overrules Damasco: Holds That Offer Of Judgment Does Not Moot Individual Or Class Claims

On August 6, 2015, in Chapman v. First Index, Inc., Nos. 14-2773 & 14-2774 (7th Cir. Aug. 6, 2015), the Seventh Circuit reversed course and overruled its prior holding in Damasco v. Clearwire Corp., 662 F.3d 891 (7th Cir. 2011)…more
| Civil Procedure, Civil Remedies

A Prior Putative Class Action Does Not Toll The Statute of Limitations For Subsequent Class Actions, Eleventh Circuit Affirms

In Ewing Indus. Corp. v. Bob Wines Nursery, No. 14-13842, 2015 U.S. App. LEXIS 13484 (11th Cir. Aug. 3, 2015), the Eleventh Circuit Court of Appeals held that the pendency of a prior purported class action does not toll the…more
| Civil Procedure, Communications & Media Law, Consumer Protection, Privacy

Shipper Liability (If Any) to Carriers’ Drivers for Allegedly Improperly Loaded Freight

In most of the situations of injury and damage that are a result of allegedly improperly loaded freight, the damage is to third parties, who fall victim to freight careening from trucks on public highways, or falling off, or out…more
| Commercial Law & Contracts, Personal Injury, Transportation

Perspectives - July 2015

Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall…more
| Business Organizations, Civil Rights, Commercial Law & Contracts, Labor & Employment Law

Most Workers Are Employees, DOL Says

Most workers should be classified as employees, and not independent contractors, and be paid minimum wage and overtime pay, the U.S. Department of Labor said in an Administrator’s Interpretation issued July 15. The pronouncement…more
| Labor & Employment Law

InterConnect - Summer 2015

Shippers who are used to doing business with motor carriers often present freight brokers with a shipper-carrier agreement (often described as a “Motor Carrier Agreement”) of one kind or another to serve as the basis of a…more
| Commercial Law & Contracts, Maritime Law, Transportation

Netflix Defeats Video Privacy Class Action

In Mollett, et al. v. Netflix, Inc., No. 12-17045 (9th Cir. July 31, 2015), the Court of Appeals for the Ninth Circuit affirmed the dismissal of a putative class action filed against Netflix, Inc. for alleged violations of the…more
| Art, Entertainment, & Sports Law, Communications & Media Law, Consumer Protection, Privacy, Science, Computers, & Technology

CMS Proposed Stark Law Revisions

On July 15, 2015, the Centers for Medicare and Medicaid Services (“CMS”) published proposed revisions to the regulations implementing the physician self-referral law, or Stark Law. The Stark Law is a key regulatory scheme…more
| Commercial Law & Contracts, Health

DOL WAGE & HOUR DIVISION’S “ADMINISTRATOR’S INTERPRETATION” NO INDEPENDENT CONTRACTOR COUP DE GRÂCE FOR TRUCKING—JUST NEW MOTIVATION FOR CONTINUED FOCUS

On July 15, 2015, David Weil, Department of Labor Wage and Hour Division (the “Division” Administrator, issued the much anticipated and promised “administrator’s interpretation” (the “Memo”) on the issue of worker…more
| Labor & Employment Law, Transportation
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Contact

200 Public Square Suite 2300
Cleveland, OH 44114-2309, United States

  • 216.363.4500
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Areas of Practice
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Number of Attorneys

100+ Attorneys

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