News & Analysis as of

Reasonableness Factors

Ruff Justice: implying reasonableness in applications for consent

by Hogan Lovells on

A management company’s refusal of consent to keep a pet in a flat gives us an opportunity for bad puns and gives landlords ‘paws’ for thought. After Mr and Mrs Kuehn bought a leasehold flat in East London, only one thing...more

The Tenth Circuit Says That The Reasonableness Of Religious Accommodations Relating To Employees’ Observance Of Sabbath Requires...

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The Tenth Circuit has recently vacated summary judgment in favor of an employer in a religious accommodation case that centers on what constitutes a “reasonable” accommodation of an employee’s observance of...more

Court Orders Jacobson Remand to Determine Reasonableness of $10 Million Fine

In United States v. Zukerman, No. 17-948 (2d Cir. Feb. 6, 2018) (ALK, RAK, RSP) (summary order), the appellant, Morris Zukerman, challenged the substantive and procedural reasonableness of his sentence, which was imposed...more

Court Orders Jacobson Remand to Determine Reasonableness of $10 Million Fine

In United States v. Zukerman, No. 17-948 (2d Cir. Feb. 6, 2018) (ALK, RAK, RSP) (summary order), the appellant, Morris Zuckerman, challenged the substantive and procedural reasonableness of his sentence, which was imposed...more

Washington Court of Appeals Confirms Insurers Need Not Pay Defense Costs Pending Determination of Reasonableness and Late Notice...

by Lane Powell PC on

For many years, Washington courts have offered insurers little guidance about how to handle disputes about late notice or the reasonableness of defense costs while defending under a reservation of rights. In a recent...more

N.C. Appellate Court Refuses to Declare Noncompete Invalid Prior to Discovery

In some situations, lawyers can determine that post-employment noncompetition agreements are likely to be declared automatically invalid. For example, a North Carolina employer that attempts to obtain a five year...more

FAA Grants CNN Approval to Operate Drones Over People in the “Real World”

The Federal Aviation Administration (FAA) has granted CNN approval to operate drones over people in real-world conditions, which means that for the first time, drones will be allowed to fly over wide ranges of urban and...more

The Resurgence of "Selling Away"

by Reminger Co., LPA on

With the market performing well in the last several years, there has been a resurgence of “selling away” claims. Selling away occurs when an investment professional sells securities not held, offered, or approved by his or...more

Case Update: In Consumer Data Breach Case, Eleventh Circuit Indicates Concern over Scope of FTC’s Enforcement Actions

by Dorsey & Whitney LLP on

On June 21, 2017, the Eleventh Circuit Court of Appeals heard oral argument in LabMD, Inc. v. FTC, Case No. 16-16270, a case that is being carefully watched to see if it will clarify the limits of the Federal Trade...more

Second Circuit Affirms the Dismissal of a SOX Claim for Failing to Meet the “Reasonable Belief” Standard

On June 1, 2017, the Second Circuit affirmed the dismissal of a Sarbanes-Oxley Act (“SOX”) whistleblower retaliation claim brought by a former Metropolitan Life Insurance Co. (“Company”) employee because the employee lacked a...more

The Northern District of New York Applies the “Reasonable Belief” Standard

On May 11, 2017, the Northern District of New York applied the Second Circuit’s standard for evaluating a Dodd-Frank retaliation claim in response to a motion to dismiss under F.R.C.P. Rule 12(b)(6). The court denied the...more

When Can Judicial Review of a Tribunal's Decision Include a Tribunal's Other Decisions?

by Bennett Jones LLP on

When can a court review a tribunal's decisions, other than the decision under review, in determining whether the decision should be subject to a remedy on judicial review? This question arises from the recent Supreme Court of...more

The Ghost of Systems Past: “Big Data” Suits Loom, But Old Data Issues Remain Unresolved

by Pullman & Comley, LLC on

2017 could be big for litigation over “Big Data” applications in insurance. This past year saw the filing of several “price optimization” class actions, and claims against a fraud detection tool, similar to the ones used by...more

Deference for Assessment Review Boards

by Bennett Jones LLP on

Supreme Court of Canada Upholds Reasonableness as Standard of Review - The standard of review of a composite assessment review board’s decision to increase a property tax assessment is reasonableness, the Supreme Court...more

FCC Issues New Privacy Regulations for Broadband Providers

by Latham & Watkins LLP on

Today, the US Federal Communications Commission (FCC) approved far-reaching new information privacy rules that will govern how providers of broadband Internet access service collect, use, protect, and share data from their...more

Nevada Supreme Court Rules that Overly Broad Non-Compete Agreements are Wholly Unenforceable

by Littler on

In July 2016, the Nevada Supreme Court held that when a non-compete agreement extends beyond what is necessary to protect the employer’s interest, the agreement is wholly unenforceable and courts may not modify or “blue...more

All or Nothing: Nevada Supreme Court Refuses to Adopt “Blue Pencil” Doctrine for Non-Compete Agreements

by Seyfarth Shaw LLP on

In a recent opinion, the Supreme Court of Nevada refused to adopt the “blue pencil” doctrine when it ruled that an unreasonable provision in a non-compete agreement rendered the entire agreement unenforceable. “Blue...more

Nevada Confirms Its Restrictive Covenant Law, But Rejects Blue Penciling

by Jackson Lewis P.C. on

In the first decision to reach the Nevada Supreme Court on whether state district courts may modify or “blue pencil” non-competition agreements, the high court has concluded that doing so would violate Nevada law. Golden Road...more

Nevada Supreme Court Refuses To “Blue Pencil” Unreasonable Non-Compete

by Allen Matkins on

Nevada, unlike California, applies a reasonableness test to non-compete agreements. Although the Nevada courts haven’t identified a specific heuristic to be followed, a covenant not to compete will be found to be...more

Can Employers Discipline Employees for “Self-Help Discovery”? Massachusetts Decision Raises More Questions Than Answers

Employers know all too well that employees sometimes help themselves to documents the employer would like to keep confidential. This is precisely why many employers require employees to sign confidentiality agreements and...more

Judge Uses Institution of IPR to “Bolster” Decision to Overturn Jury’s Finding of Willfulness

A Colorado district court has provided an example of how the decisions of the PTAB in an IPR proceeding can impact district court litigation. In XY, LLC v. Trans Ova Genetics, LLC, Case No. 1:13-cv-00876 (D. Colo.), Judge...more

South Carolina Court of Appeals Says 150-Mile Geographic Restriction in Non-Compete is Unreasonable

South Carolina courts evaluate the enforceability of non-compete provisions executed in the employment context and in connection with the sale of the business under the same reasonableness test. To be enforceable in South...more

The Case For Reasonableness: Enforcing Forum Selection Clauses In Business Disputes

For companies that do business across state or national lines, forum selection clauses are more than mere boilerplate or afterthought provisions to a business transaction. Forum selection clauses can reduce uncertainties in a...more

Prosecutors Pierce Attorney-Client Privilege in Procurement-Fraud Investigation; Court Orders “Compliance” Advice Of Counsel to Be...

by Dorsey & Whitney LLP on

Organizations routinely seek the advice of counsel in complying with the complex, evolving Federal regulatory scheme. But a recent Federal prosecution for government-contracting fraud illuminates the stark difference between...more

It’s Called Sputnik!: Don’t Fall Behind in the E-Discovery Space Race

by Exterro, Inc. on

This week marks the 58th anniversary since the launch of Sputnik II, the first spacecraft in history to carry a living animal—a dog named Laika—into Earth orbit. But the Sputnik program, which began the space age in 1957,...more

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