Delegation of Discretion

News & Analysis as of

How Much Latitude Do Directors Have In Setting Executive Compensation?

Executive compensation decisions are core functions of a board of directors and, absent unusual circumstances, are protected by the business judgment rule. As Delaware courts have repeatedly recognized, the size and...more

New ICE Prosecutorial Discretion Directive Facilitating Parental Interests

On August 23, 2013, the Immigration and Customs Enforcement (ICE) issued a Directive providing for the facilitation of parental interests in the course of civil immigration enforcement activities....more

Break Out the Crystal Ball—But Only If You Have the Evidence to Support It: California Supreme Court Affirms Agency Discretion to...

In a highly anticipated decision published today, the California Supreme Court affirmed that the use of a future baseline for analyzing certain environmental impacts is appropriate when supported by substantial evidence. The...more

N.Y. Court of Appeals Allows Hospitality Industry Employer Broad Discretion in Mandatory Tip Pooling

In decision that is helpful to hospitality industry employers, the New York State Court of Appeals has given restaurants and other food outlets considerable flexibility in establishing mandatory tip pooling for service staff....more

Court of Appeal Affirms Summary Judgment in Favor of Farmers Insurance on Independent Contract Issue

On July 11, 2013, the Second Appellate District in Beaumont-Jacques v. Farmers Group Inc. concluded as a matter of law that a worker’s ability to exercise meaningful discretion in her job-related efforts rendered her an...more

Sixth Circuit Further Defines Requirements of Commonality Under Dukes; Distinguishes Seventh Circuit Case Relaxing Those...

In a recent case, Miller v. Countrywide Bank (In re Countrywide Financial Corp. Mortgage Lending Practices Litigation), — F.3d —, No. 12-5250, 2013 U.S. App. LEXIS 924 (6th Cir. Jan. 15, 2013), the Sixth Circuit provided more...more

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