Admissions

News & Analysis as of

Bernstein Shur Business and Commercial Litigation Newsletter #45

We are pleased to present the 45th edition of the Bernstein Shur Business and Commercial Litigation Newsletter. This month, we highlight recent cases that address the stay of discovery in securities litigation, the failure to...more

Rengan Rajaratnam Settlement Exposes Weak Point in SEC’s Newish Admissions Policy

You remember Rengan Rajaratnam, right? He broke the S.D.N.Y.’s long streak of insider trading victories when a jury acquitted him in July. I wondered what the effect on his case with the SEC would be. Would he settle? ...more

SEVP Draft Policy Guidance on Conditional Admission, the Form I-20, and English Proficiency

The Immigration and Customs Enforcement (“ICE”) Student and Exchange Visitor Program (“SEVP”) issued draft guidance clarifying issues related to the appropriate issuance of the Form I-20, "Certificate of Eligibility for...more

Race-Based Admissions and Assignment Policies Survive Another Legal Challenge in Fisher v. University of Texas

Last year, I blogged about the impact of a higher education Supreme Court diversity case, Fisher v. University of Texas on K-12 schools. As discussed in that blog, although the decision was a higher education decision, it...more

Supreme Court: Voters' Initiative To End Affirmative Action Is Constitutional

In a highly anticipated decision, the Supreme Court upheld Michigan’s Proposal 2, which amended the Michigan Constitution to prohibit racial preferences in admissions to public schools and government programs....more

SEC To Demand More Public Accountability This Year From Wrongdoers In Financial Markets

SEC Chair Mary Jo White announced last week that the SEC is changing its protocol relating to admissions of guilt in settlements with wrongdoers in the securities markets. Historically, SEC practice was to settle cases...more

Apologizing For Medical Injuries...Is It Protected?

Under Florida law a person may make an apology to someone injured in an "accident" or to their family without the apology being admissible in court. Thirty-eight other states have similar laws which are generally referred to...more

CMS Issues New Guidance on 2-Midnights Standard and Delays Audits

Centers for Medicare and Medicaid Services (CMS) finalized a new rule, effective October 1, 2013, under which hospital inpatient admissions are considered reasonable and medically necessary if the physician expects a...more

CMS Issues FAQs for Inpatient "2 Midnight" Rule

CMS issued its first set of FAQs on the new 2 midnight inpatient admission standards [PDF] on September 26. In those FAQs, CMS stated: - Medicare Administrative Contractors (MACs) and Recovery Auditors are not to...more

Mary Jo White On Criteria For Seeking Admissions Of Wrongdoing And Enforcement Priorities

In a recent speech, SEC Chair Mary Jo White spoke to the types of cases where admissions of wrongdoing might be appropriate. According to Chair White, candidates potentially requiring admissions include...more

Fenwick Employment Brief - September 2013: Findings that Employee Violated Company Policies were not an Admission of Legal...

In Oliver v. Microsoft Corp., a federal district court in California ruled that Microsoft’s internal determination that the plaintiff’s supervisor violated the company’s discrimination and retaliation policies was not an...more

SEC Changes Course: Some Companies Must Now Admit Wrongdoing

In Brief - More defendants in cases brought by the Securities and Exchange Commission will face the possibility of making an admission of misconduct under a change in the policy on “no admit, no deny” settlements....more

Defendant to Prove Consent Unless Plaintiff Pleads Himself Out of Court by Admitting Consent

After receiving a text on his cell phone offering him a free cruise, an Illinois man was disappointed to discover that the offered cruise was not really free. He sued the cruise company in federal court, alleging violations...more

SEC Further Limits Ability of Companies to Settle on a "No Admit, No Deny" Basis

The Securities and Exchange Commission (SEC) recently further limited the ability of companies to settle claims without admitting to the SEC’s charges. Traditionally, the SEC had allowed defendants to settle enforcement...more

The 30(B)(6) Deposition

This portion of the materials will focus on the use and effect of 30(b)(6) deposition testimony. ...more

7 Things You Don't Know About Law School Admissions [Video]

June 5 (Bloomberg) -- It's easier to be admitted to law school these days because fewer people want to be lawyers, according to data about the entering Class of 2012 just released by the ABA and the Law School Admissions...more

CIS Legal Update - May 2013: London Stock Exchange to Introduce New High-Growth Segment to the Main Market

The London Stock Exchange (the ‘LSE’) recently launched a new segment of the Main Market of the LSE for high growth businesses (to be called the ‘High Growth Segment’), which is a new route available for Russian businesses...more

Tips For Trial Counsel On Planning, Preparation And Preservation

Litigants settle lawsuits and claims every day, for a multitude of different reasons, including purely economic ones. Litigation is costly and, as a practical matter, it may be better to pay something to make a claim go away...more

18 Results
|
View per page
Page: of 1