News & Analysis as of

Bright-Line Rule

In Bankruptcy, a Lease Isn't Always a Lease

by Ward and Smith, P.A. on

In In re Price, the United States Bankruptcy Court for the Eastern District of North Carolina recently explored the difference between a “true” lease of personal property and “disguised” financing. Creditors should take heed...more

Court Hands Victory To Employer In “Leave After Leave” Battle

by Fisher Phillips on

Of all the accommodations considered reasonable under the Americans with Disabilities Act (ADA), perhaps the most frustrating is when an employee requests additional time off after their 12 weeks of Family and Medical Leave...more

For Vendors Making Internet Sales to Massachusetts Customers-A New Proposed Regulation Expands the Definition of Tax Nexus

A new regulation in Massachusetts, 830 CMR 64H.1.7, will expand the definition of tax nexus for out-of-state vendors making internet sales to Massachusetts customers. The regulation will become effective on October 1, 2017....more

Eleventh Circuit Moves Toward Bright Line Rule That Debtors Cannot Retain Real Property Post- Discharge Without Reaffirming the...

by Burr & Forman on

Last year, Burr & Forman lawyers won a decisive victory in the Eleventh Circuit, in the case of In re Failla, 838 F.3d 1170 (11th Cir. 2016). In Failla, the Eleventh Circuit held that a debtor who files a statement of...more

California Employers Are Subject to New Requirements When Using Criminal History Information

by Littler on

In April 2012, the Equal Employment Opportunity Commission (EEOC) issued its long-awaited “Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights...more

When Does a Claim for Legal Malpractice Accrue in the Litigation Context

The long understood rule of law in Florida is that a cause of action for legal malpractice accrues in the litigation context when the litigation is concluded by a final judgment, and the final judgment becomes final when the...more

Massachusetts High Court Draws Bright Line in Sand on Expansion of Easement Rights to Additional Land

by Pierce Atwood LLP on

In his recent blog post, “SJC Keeps Bright-Line Test for Overloading of Easements,” Pierce Atwood real estate partner Don Pinto discusses Taylor v. Martha’s Vineyard Land Bank Commission, a recent decision in which the...more

SJC Keeps Bright-Line Test for Overloading of Easements

by Pierce Atwood LLP on

In its recent decision in Taylor v. Martha’s Vineyard Land Bank Commission, the Supreme Judicial Court (SJC) put the brakes on a trend toward eliminating bright lines in the enforcement of easement rights. The Facts...more

Washington Supreme Court Creates Bright-Line Rule - Postemployment Communications Between Former Employees and Corporate Counsel...

by Holland & Knight LLP on

The Washington Supreme Court held in a 5-4 vote that attorney-client privilege does not apply to communications between corporate counsel and former corporate employees, even if the communications concern what the employees...more

MCLE Self Study Article: Property Rights to the Periphery of the Universe or Only to the Rooftop?: The Effects of Drones on...

Imagine a peaceful summer afternoon at home with your family. You’re inside preparing food for a barbeque while the rest of your family sunbathes and plays by the backyard pool. Suddenly, your teenage daughter runs into the...more

IRS Proposes Regulations That Would Eliminate Most Valuation Discounts for Transfers of Interests in Family Entities

The Internal Revenue Service (IRS) released regulations on August 2, 2016 that would limit the use of discounts when valuing interests in family entities for estate, gift and generation-skipping transfer tax purposes. If...more

Employers Who “Usually” Employ 3 or More Employees: the Threshold for Mandatory Worker’s Compensation in Wisconsin

by Ruder Ware on

In general (i.e. non-farm) employment, Wisconsin’s Worker’s Compensation Act becomes mandatory for employers under either of two circumstances. In the event such an employer pays $500 in wages during any calendar quarter,...more

Sixth Circuit Adopts Bright Line Test for CAFA Removals

by BakerHostetler on

Eyeglass case provides focus for employment class action removals - Congress enacted the Class Action Fairness Act, better known as “CAFA,” to address some of the well-documented abuses of class action litigation. Among...more

Supreme Court Restricts State Medical Claims Data Reporting Law

by Ballard Spahr LLP on

ERISA does not allow a state to compel a self-insured group health plan to compile and report medical claims data for inclusion in a state-wide all-payer health care database, the U.S. Supreme Court has ruled in a landmark...more

Ninth Circuit Reverses ECOA Violation Ruling

by Ballard Spahr LLP on

In Gomez v. Quicken Loans, Inc., -- Fed Appx. --, 2015 WL 6655476 (9th Cir. Nov. 2, 2015), the Ninth Circuit reversed the district court's dismissal of the appellant's Equal Credit Opportunity Act (ECOA) claim that was based...more

Laches Remains a Defense to Legal Relief in Patent Infringement Cases After Petrella

by Snell & Wilmer on

Laches remains applicable in the patent context to bar pre-suit damages after an en banc Federal Circuit ruling late last week in SCA Hygiene Products Aktiebolag v. First Quality Baby Products. Last year in the “Raging Bull”...more

Heralding Wholesale Changes for Manufacturers, Labor Board Revamps “Joint Employer” Test

Just in time for Labor Day, the National Labor Relations Board handed organized labor a great gift and potentially disrupted the business and labor relationships of thousands of American manufacturers. On August 27,...more

The Ohio Supreme Court Places Limitations on the Ohio Bright Line Income Tax Residency Presumption

by BakerHostetler on

On July 8, 2015, the Ohio Supreme Court found that Ohio nonresidents may not claim the benefit of the Ohio “bright line” presumption of nonresidency for income tax purposes if the taxpayer attests to having a domicile outside...more

Cracks in the Fifield Armor?: New Dissent Marks First Big Challenge to Illinois' Bright-Line Restrictive Covenant Rule

by Hinshaw & Culbertson LLP on

When continued employment is the sole consideration for a post-employment restrictive covenant (such as a noncompetition agreement), the Illinois Supreme Court requires that an employee be continually employed for a...more

New Final Inversion Rules Maintain Tight Standard for Corporate Expatriations

by Latham & Watkins LLP on

For expatriating US companies to avoid anti-inversion rules, their foreign business activities must satisfy a tough bright-line test, consistent with controversial 2012 rules. On June 3, 2015, the US Department of the...more

So Much for Bright-Line Tests on Extraterritorial Reach of U.S. Securities Laws?

by Proskauer Rose LLP on

In its landmark 2010 decision in Morrison v. National Australia Bank, the Supreme Court articulated what seemed to be a bright-line test for determining the extent to which the U.S. securities laws apply to transactions with...more

In Harnett, First Circuit Rejects Bright Line "First Contact" Rule for Non-Solicitation Agreement

by Goodwin on

In a decision involving the “first contact” rule with respect to non-solicitation agreements, the First Circuit, in Corporate Technologies v. Harnett, rejected a bright line application and upheld a ruling of tortious...more

Healthcare Update, No. 3, August 2013: Government Agencies Taking Dim View of Employers' "Bright-Line" Policies

by Fisher Phillips on

For years, human resources practitioners have been able to confidently rely on a simple principle when dealing with a variety of tough decisions. That principle is “consistency” in applying company policies, meaning that...more

Drawing A Bright Line In The Fog: Eleventh Circuit Precedent For Challenging McNeal

by Burr & Forman on

As most mortgage lenders know by now, on May 11, 2012, the Eleventh Circuit issued an unpublished decision in McNeal v. GMAC Mortgage, LLC (In re McNeal) , 477 Fed. App’x 562, holding that a chapter 7 debtor can “strip off”...more

NLRB Expands NLRA Protections: Rejects Solicitation of Grievance Defense

On July 2, 2013, the National Labor Relations Board (NLRB) decided a case, Albertson’s LLC, 359 NLRB No. 147, implicating two elements of the National Labor Relations Act. ...more

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