For years, we have known that Tennessee has one of the most robust trust codes in the country. While this is surprisingly not one of the main topics at dinner tables nationwide, more than just Tennessee residents can share...more
Following up on a November 4th oral argument (accessible here) that focused on the Arthrex Appointments Clause issue, the Federal Circuit has requested additional briefing from Polaris, Kingston, and the U.S. regarding the...more
Judge Dyk and Judge Newman disagree with the Arthrex remedy requiring rehearing. In Arthrex, the Federal Circuit panel of Judges Moore, Reyna, and Chen held the appointment of Administrative Patent Judges (APJs) was an...more
On September 2, 2015, the U.S. Department of Health and Human Services Office for Civil Rights (OCR) announced a substantial settlement with an Indiana-based oncology group, Cancer Care Group, P.C. (CCG). Under the terms of...more
For the second quarter of 2015, Consumer Finance Enforcement Watch tracked 56 enforcement actions taken against consumer finance providers, a slight uptick in enforcement activity from the previous quarter’s 46 actions. ...more
I have recently discovered some additional, impasse-busting techniques for your consideration when the negotiating process grinds to a halt. The Mediator’s Bracket - This is a useful technique in both early and late...more
As we have noted in previous posts (most recently, here), courts have been paying increasingly close attention to the terms of FLSA settlements and, on occasion, refusing to approve agreements. Some parties have responded to...more
On June 1, 2015, in Bodle v. TXL Mortgage Corporation, the U.S. Court of Appeals for the Fifth Circuit recognized established precedent that parties may privately settle and release wage claims that include a bona fide...more
For the first time in 17 years, U.S. EPA has updated its policy governing projects that can be performed as part of settlements with EPA. EPA’s Office of Enforcement and Compliance Assurance (“OECA”) recently issued this...more
Defendants Ameriprise Financial, Inc., the fiduciary committees of the Ameriprise 401(k) plan, and individual committee members agreed to settle a lawsuit brought by a class of participants in the Ameriprise 401(k) plan for...more
On March 12, 2015, Commerzbank AG, Germany’s second largest bank and a global financial institution, agreed to pay $1.45 Billion (yes, with a “B”) in forfeitures and fines to the U.S. Government for violating U.S. sanctions...more
In 2011, a group of current and former employees filed a class action lawsuit in the District Court of Minnesota claiming that Ameriprise Financial, Inc. and members of its 401(k) Plan fiduciary committee had breached their...more
On February 13, 2015, the U.S. District Court for the Northern District of California dismissed with prejudice St. Paul Fire and Marine Insurance Company’s declaratory judgment lawsuit against Vendini, Inc., noting that the...more
Direxion Shares, ETF Trust v. Leveraged Innovations L.L.C. Case Number: 1:14-cv-01777-KBF - On March 14, 2014, Direxion Shares, ETF Trust (“Direxion”) filed a declaratory judgment action against Leveraged...more
Plan trustees often look to settle ERISA fiduciary breach claims brought against them as a way to put the past behind them. Assuming there is enough fiduciary liability insurance coverage available to pay the proposed...more
This is the sixth edition of The Class Action Chronicle, a quarterly publication that provides an analysis of recent class action trends, along with a summary of class certification and Class Action Fairness Act rulings...more
The Seventh Circuit Court of Appeals rejected a class action settlement because class counsel would have received generous attorney fees for conferring only meager benefits to the class. Writing for the Court, just as he did...more
African Fuelers at Phoenix Sky Harbor Airport Were Repeatedly Called 'Monkeys' By a Phoenix Swissport Manager, Federal Agency Charged - PHOENIX - Swissport Fueling, Inc., which fuels aircraft at Phoenix Sky Harbor...more
Security Provider Failed to Make Payments Agreed Upon in Litigation Settlement, Federal Agency Charges - CHARLOTTE, N.C. - The U.S. Equal Employment Opportunity Commission (EEOC) announced today that it has filed a...more
In This Issue: - Can the cost of international arbitration be controlled? - Sealing the deal: critical Issues in the preparation of mediated settlement agreements - Mediation decision-makers need...more
DOJ Announces $2.3 Billion in Health Care Fraud Recoveries During FY 2014 –On November 20, 2014, the Department of Justice announced a record $5.69 billion in settlements during fiscal year 2014 from civil cases involving...more
The Federal Energy Regulatory Commission’s (FERC) Office of Enforcement (Enforcement) 2014 Report on Enforcement (Report), issued on November 20, 2014, provides an overview of and statistics regarding FERC’s enforcement...more
In Regulatory Notice 14-40, FINRA reminds members that it is a violation of FINRA Rule 2010 (Standards of Commercial Honor and Principles of Trade) to incorporate into a settlement agreement a confidentiality provision...more
There is increasing interest among trustees and beneficiaries to resolve disputes and modify trust documents without going to court. For many years, the primary mechanism to accomplish that in Illinois has been the Virtual...more
On October 30, Bank of America notified Judge Katherine B. Forrest of the United States District Court for the Southern District of New York of a planned settlement of an action brought by pension funds in 2012. ...more