Split of Authority

Bill on Bankruptcy: Lawyers Easily Make Simple Words Complicated [Video]

by Bloomberg Law on 4/24/2013

April 24 (Bloomberg) -- With $64 million at stake for creditors of Lehman Brothers Holdings Inc., lawyers can find complexity even in simple words like "immediately proceeding," as Bloomberg Law's Lee Pacchia and Bloomberg...more

Bill on Bankruptcy: ResCap Report, a Bargain at $83 Million [Video]

by Bloomberg Law on 4/10/2013

April 10 (Bloomberg Law) -- Why the Residential Capital LLC examiner's report will cost almost $83 million is the first item on the new Bloomberg bankruptcy video with Bloomberg Law's Lee Pacchia and Bloomberg News bankruptcy...more

Supreme Court Poised To Consider Additional Basis For Age Discrimination Claims

by Beth P. Zoller | XpertHR - Partnered with LexisNexis on 4/1/2013

The Supreme Court may soon resolve a split among the appeals courts as to whether filing a charge under the Age Discrimination in Employment Act (ADEA) with the Equal Employment Opportunity Commission (EEOC) is the sole...more

Third Circuit Lowers Bar For Determining Whether Internal Complaint Is SOX Protected Activity

by Lloyd B. Chinn, Harris M. Mufson, Steven J. Pearlman, Michael Spencer | Proskauer - Whistleblowing & Retaliation on 3/26/2013

In Wiest v. Lynch, No. 11-cv-4257, 2013 U.S. App. LEXIS 5345 (3d Cir. March 19, 2013), the Third Circuit gave Chevron deference to U.S. Department of Labor Administrative Review Board’s (ARB) interpretation of “protected...more

As Expected, Noel Canning v. NLRB Headed to the Supreme Court [Video]

by LXBN on 3/19/2013

As soon as the D.C. Circuit’s ruling came down invalidating President Obama’s recess appoinments to the National Labor Relations Board, about everyone knew it wouldn’t be the last we’d see of Noel Canning v. NLRB. That held...more

How Much "Competition", If Any, Is Required to Establish Standing in Lanham Act False Advertising Cases—the Supreme Court May Be...

by Brendan O'Rourke, Erika Stallings, Lawrence Weinstein | Proskauer Rose LLP on 3/18/2013

Lanham Act false advertising law is largely consistent among the various federal circuit courts. However, one area of Lanham Act jurisprudence where the federal appellate courts do not see eye-to-eye concerns who has standing...more

Sherzer v. Homestar Mortgage Services: The Third Circuit Takes Sides in a Circuit Split Over How a Borrower Exercises Rescission...

by Christopher Hart, Stephen J. Shapiro | Schnader Harrison Segal & Lewis LLP on 3/18/2013

In a recent decision, the Third Circuit took sides in a split between U.S. Circuit Courts of Appeal over what action borrowers must take to exercise their right to rescind a loan under the Truth in Lending Act (TILA). It...more

Bill on Bankruptcy: How Purchasers of AMR Stock Made a Killing [Video]

by Bloomberg Law on 3/13/2013

March 13 (Bloomberg Law) -- Someone who bought stock in American Airlines last year already made a killing. Stock that could have been bought in November for less than 40 cents a share is now trading above $4, for...more

Split Emerges on Customs Law after Eleventh Circuit Vacates Smuggling Convictions

by Michael Rosensaft | Katten Muchin Rosenman LLP on 3/7/2013

On February 22, the US Court of Appeals for the Eleventh Circuit held that an indictment charging the unlawful importation of goods into the United States, in violation of 18 U.S.C. §§ 545 and 371, failed to state an offense...more

Supreme Court's Amgen Ruling Creates Wide-Ranging Implications for Securities Suits and Other Business Litigation

by King & Spalding on 3/5/2013

On February 27, 2013, the Supreme Court issued its decision in Amgen, Inc. v. Connecticut Retirement Plans. Justice Ginsburg authored the 6-3 majority opinion affirming the Ninth Circuit’s holding that a securities fraud...more

SCOTUS Ruling in Amgen Case Allows Plaintiffs to Certify Securities Classes Without Proving Materiality

by Ashley Burden, Joni Jacobsen, David Kistenbroker, Angela Liu, Carl Volz | Dechert LLP on 3/4/2013

In Amgen Inc. v. Connecticut Retirement Plans and Trust Funds, No. 11-1085, 568 U.S. ___ (2013), decided on February 27, 2013, the Supreme Court of the United States affirmed the Ninth Circuit’s ruling that, in a case...more

The Supreme Court’s Decision in Amgen Reshapes the Securities Class Certification Battlefield

by Kostas Katsiris, Thomas Welling | Venable LLP on 3/4/2013

On February 27, 2013, the U.S. Supreme Court issued one of the most highly anticipated securities law decisions in recent years in Amgen Inc. v. Connecticut Retirement Plans and Trust Funds, 568 U.S. __ (2013). The Court’s...more

Appeals Court Decision Creates Circuit Split and Confusion Surrounding Post-Settlement Appeals of Class Certification Denials

by Christian Sheehan | Schnader Harrison Segal & Lewis LLP on 3/4/2013

If a court denies class certification, may the named plaintiff settle the case while still keeping the class certification issue alive for appeal? The recent decision in Ruppert v. Principal Life Insurance Company, No....more

Under FLSA Section 203(o) Does the Term "Changing Clothes" Include the Time a Manufacturing Employee Spends Putting On and Taking...

by Louis Santiago | Holland & Knight LLP on 2/27/2013

For minimum wage and over-time purposes, Section 203(o) of the Fair Labor Standards Act (FLSA) states that "hours worked" does not include time spent "changing clothes" if that time is excluded from working time by the...more

Burr Alert: Doctrinal Split Over Nonparty Discovery In Arbitration Continues

by Mignon Lunsford | Burr & Forman on 2/26/2013

The Federal Arbitration Act (FAA) was enacted to ensure the enforceability and validity of arbitration agreements. Through the enactment of this sweeping legislation, Congress signaled its approval of arbitration as a form of...more

District Court Widens Split On Whether Complaints Of Alleged Future Misconduct Are Protected

by Noa Baddish, Harris M. Mufson, Steven J. Pearlman | Proskauer - Whistleblowing & Retaliation on 2/18/2013

The U.S. District Court for the Central District of California ruled that a SOX whistleblower complaint survived a Rule 12(b)(6) challenge on “reasonable belief” grounds and found that complaints of potential future...more

Important Update on Georgia Foreclosures

by Jonathan Green, Scott Michalove | Baker, Donelson, Bearman, Caldwell &... on 2/15/2013

Last year, we alerted to you to a ruling by the Georgia Court of Appeals that altered the notice requirements for non-judicial foreclosure in Georgia. In that case, Reese v. Provident Funding Associates, the Georgia Court of...more

Speaking Of . . . Insurance Coverage - Is There Coverage For Alleged “Disparagement” Of Another Company’s Product? One California...

by Walter Judge | Downs Rachlin Martin PLLC on 2/4/2013

We previously discussed the troubling issues of: a) whether your company’s insurance policy(ies) actually provides coverage for claims of IP infringement, and b) which of your policies is the one(s) you should be looking to...more

Supreme Court Asked To Decide If Retaliation Claims Require New Administrative Charge

by Michael Graham, Steven J. Pearlman | Proskauer - Whistleblowing & Retaliation on 2/1/2013

On January 8, 2013, the U.S. Supreme Court was petitioned to rule on whether employees must file a new or amended charge to pursue an employment retaliation claim arising from an initial Title VII discrimination charge....more

California Courts Differ On FAAAA Preemption And Flexibility Provided By Brinker

by Ogletree, Deakins, Nash, Smoak & Stewart,... on 2/1/2013

Federal preemption of California’s meal and rest break laws as applicable to truck drivers under the Federal Aviation Administration Authorization Act (FAAAA) continues to zigzag through California’s federal courts. When...more

Intellectual Property LEGAL NEWS - January 24, 2013 • Volume 1, Number 1

by Steven Gibson, Peter Pang, Steven Parks | Dickinson Wright on 1/25/2013

In This Issue: - FIGHTING COUNTERFEITS IN CHINA – LIGHT AT THE END OF THE TUNNEL? - FEDERAL CIRCUIT EXPANDS SCOPE OF INDUCED INFRINGEMENT FOR METHOD PATENTS - JURISDICTIONS SPLIT ON WHEN COPYRIGHT REGISTRATION...more

Stern v. Marshall Update – Ninth Circuit Holds That Bankruptcy Courts Lack Constitutional Authority To Finally Determine...

by Audrey Aden Doline, Sharon J. Richardson, Michael Stevens | Cadwalader - Financial Restructuring on 1/25/2013

On December 4, 2012, the United States Court of Appeals for the Ninth Circuit added to the growing body of case law delineating the extent of bankruptcy courts’ jurisdiction in the wake the Supreme Court’s decision in Stern...more

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Bill on Bankruptcy: Lawyers Easily Make Simple Words Complicated [Video]

Bill on Bankruptcy: ResCap Report, a Bargain at $83 Million [Video]

Supreme Court Poised To Consider Additional Basis For Age Discrimination Claims

Third Circuit Lowers Bar For Determining Whether Internal Complaint Is SOX Protected Activity

As Expected, Noel Canning v. NLRB Headed to the Supreme Court [Video]

How Much "Competition", If Any, Is Required to Establish Standing in Lanham Act False Advertising Cases—the Supreme Court May Be...

Sherzer v. Homestar Mortgage Services: The Third Circuit Takes Sides in a Circuit Split Over How a Borrower Exercises Rescission...

Bill on Bankruptcy: How Purchasers of AMR Stock Made a Killing [Video]

Split Emerges on Customs Law after Eleventh Circuit Vacates Smuggling Convictions

Supreme Court's Amgen Ruling Creates Wide-Ranging Implications for Securities Suits and Other Business Litigation

SCOTUS Ruling in Amgen Case Allows Plaintiffs to Certify Securities Classes Without Proving Materiality

The Supreme Court’s Decision in Amgen Reshapes the Securities Class Certification Battlefield

Appeals Court Decision Creates Circuit Split and Confusion Surrounding Post-Settlement Appeals of Class Certification Denials

Under FLSA Section 203(o) Does the Term "Changing Clothes" Include the Time a Manufacturing Employee Spends Putting On and Taking...

Burr Alert: Doctrinal Split Over Nonparty Discovery In Arbitration Continues

District Court Widens Split On Whether Complaints Of Alleged Future Misconduct Are Protected

Important Update on Georgia Foreclosures

Speaking Of . . . Insurance Coverage - Is There Coverage For Alleged “Disparagement” Of Another Company’s Product? One California...

Supreme Court Asked To Decide If Retaliation Claims Require New Administrative Charge

California Courts Differ On FAAAA Preemption And Flexibility Provided By Brinker

Intellectual Property LEGAL NEWS - January 24, 2013 • Volume 1, Number 1

Stern v. Marshall Update – Ninth Circuit Holds That Bankruptcy Courts Lack Constitutional Authority To Finally Determine...

The United States Supreme Court Will Review the Scope of Federal Preclusion of State Securities Claims

Supreme Court Decides Kloeckner v. Solis

Roger Towers: Though not Precedent, McNeal Proves Persuasive in Southern District of Florida

Bill on Bankruptcy: Lawyers Easily Make Simple Words Complicated [Video]

Bill on Bankruptcy: ResCap Report, a Bargain at $83 Million [Video]

As Expected, Noel Canning v. NLRB Headed to the Supreme Court [Video]

Bill on Bankruptcy: How Purchasers of AMR Stock Made a Killing [Video]

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