Faegre Baker Daniels

Wavering on Class Action Waivers in Arbitration Agreements

Last week’s enormous settlements of up to $100 million in class action cases against Uber were reminders of the ongoing opposition to class action and other joint action waivers in arbitration agreements. The same is true of…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Labor & Employment Law

What Employers Need To Know About the DOL Fiduciary Regulations

By now, you may have heard that the Department of Labor (DOL) has expanded fiduciary status for certain investment advisers to retirement plans or IRAs. Some of your providers are already fiduciaries, but some will now be…more
| Finance & Banking, Labor & Employment Law

Three Rules for Every Change on Every Construction Project

A construction contract without a changes clause is like a boat without a captain. The boat will never reach its destination, and the construction project will never reach proper completion. The changes clause protects owners…more
| Commercial Law & Contracts, Construction Law

The DOL's New Fiduciary Rules for Retirement Investment Advice

After years of debate and speculation, the U.S. Department of Labor (DOL) issued its final package of rules to regulate individuals and entities that provide investment advice to retirement plans and IRA investors. The DOL’s…more
| Finance & Banking, Labor & Employment Law

Important Filing Changes for Indiana Nonprofit Corporations

Significant changes are being implemented to the reporting requirements for Indiana nonprofit corporations over the next several months. Until now, Indiana nonprofit corporations have been required to submit a Business Entity…more
| Business Organizations, Nonprofit Law

Supreme Court Decides Heffernan v. City of Paterson

On April 26, 2016, the Supreme Court decided Heffernan v. City of Paterson, No. 14-1280, holding government employees who are demoted because their employer believes they are engaging in constitutionally protected political…more
| Civil Procedure, Constitutional Law, Labor & Employment Law

There Is Such a Thing as Being Too Careful

According to The New York Times, Medicare may be punishing hospitals—and academic medical centers (AMCs) in particular—for being too careful. That’s how Northwestern Memorial Hospital’s chief medical officer sees the practical…more
| Health

Minnesota Weekly Legislative Update

Thursday, April 21 was the third bill deadline at the Legislature, by which date committees must act favorably upon all major appropriation and finance bills. During the week, committees in both the House and Senate met…more
| Education, Elections & Politics, Health, Transportation

Not Everyone Wants to Be on TV

It turns out that not everyone wants to be on television. New York-Presbyterian found that out the hard way. Back in 2011 the hospital allowed a television camera crew inside treatment areas to record footage for the ABC…more
| Civil Procedure, Civil Rights, Health

How Not to Fire a Surgeon

It could be the Mean Girls sequel we have been anxiously awaiting: a Napa Valley surgeon alleges that his colleagues and area hospitals ruined his reputation and eliminated his practice in violation of federal antitrust laws. …more
| Antitrust & Trade Regulation, Civil Procedure, Labor & Employment Law

Supremes Hear Argument on Implied Certification Theory

On April 19 the U.S. Supreme Court heard oral argument in Universal Health Services v. U.S. ex rel. Escobar. That’s the case in which the First Circuit upheld a whistleblower suit brought against a mental health clinic that had…more
| Civil Procedure, Government Contracting, Health

New State Sales Tax Provisions Attempt to Create Nexus for Out-of-State Sellers

Two states are challenging a longstanding constitutional principle established by the U.S. Supreme Court in Quill Corp. v. North Dakota, 504 U.S. 298 (1992), that only a seller with a physical presence in a state can be required…more
| Taxation

Supreme Court Decides Bank Markazi v. Peterson

On April 20, 2016, the Supreme Court decided Bank Markazi v. Peterson, No. 14-770, holding that Congress did not unconstitutionally infringe on the role of the judiciary when it passed the Iran Threat Reduction and Syria Human…more
| Civil Procedure, Civil Remedies, Constitutional Law, International Law & Trade

Supreme Court Decides Harris v. Arizona Independent Redistricting Commission

On April 20, 2016, the Supreme Court decided Harris v. Arizona Independent Redistricting Commission, No. 14-232, holding that a redistricting plan is not unconstitutional where the maximum population deviation between the…more
| Constitutional Law, Elections & Politics

Supreme Court Decides Franchise Tax Board of California v. Hyatt

On April 19, 2016, the Supreme Court decided Franchise Tax Board of California v. Hyatt, No. 14-1175, holding that under the Full Faith and Credit Clause, U.S. Const., Art. IV, § 1, a State may not decline to apply the law of a…more
| Business Organizations, Civil Procedure, Taxation
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