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  • Article

    Western District Of Michigan Grants Motion To Dismiss Securities Class Action Against Food Safety Company

    A federal district court dismissed a securities fraud class action against a food safety company and its executives, finding that challenged statements about post-acquisition integration progress were either not materially false, constituted protected forward-looking statements or puffery, or lacked sufficient allegations of scienter. The court's analysis examined statements across three integration areas—CRM systems, ERP implementation, and manufacturing—and determined that repeated public disc
    United StatesCorporate/Commercial Law
    A&O Shearman
    A&O Shearman
  • Article

    Supreme Court Holds That Criminal Defendants Challenging Pre-Trial Asset Seizure Cannot Contest A Grand Jury’s Determination Of Probable Cause

    The U.S. Supreme Court held 6-3 that criminal defendants challenging the legality of a §853(e)(1) pre-trial asset seizure may not contest a grand jury's determination of probable cause to believe the defendant committed the crime charged.
United StatesCriminal Law
Proskauer Rose LLP
Proskauer Rose LLP
  • Article

    Court Of Appeals Clears Way For Retiree Benefits To Coordinate With Medicare

    On June 4, 2007, the Third Circuit Court of Appeals issued a long-awaited decision that lifts a cloud that has been threatening a common design feature of many retiree medical plans. Specifically, this decision defeated the AARP's attempt to prevent the EEOC from finalizing a Medicare coordination regulation that will permit an employer's retiree medical plan to coordinate with Medicare or terminate upon Medicare eligibility.
    United StatesEmployment and HR
    Littler Mendelson
    Littler Mendelson
  • Article

    Court Orders Parties To Confer On Search Terms And Utilize Parties' Clawback Order

    In Adair v. EQT Production Co., U.S. District Court Judge James P. Jones overruled, in part, the defendant’s objections to the magistrate’s order that the defendant run search terms on the email accounts for eight employees and produce all key-word positive emails except those that were sent to or received by the defendant’s counsel.
    United StatesEmployment and HR
    Littler Mendelson
    Littler Mendelson
  • Article

    Federal Judge Denies Marsh’s Motion To Dismiss In ERISA Health Plan Suit

    A Washington federal court judge denied a motion to dismiss by Marsh & McLennan Agency in litigation over the alleged financial mismanagement of a food processing company’s health benefits plan.
    United StatesEmployment and HR
    Hall Benefits Law
    Hall Benefits Law
  • Article

    For Contingency Fee Lawyers, Time Is Now Of The Essence

    Contingency fee practice has always had its pluses and minuses.
    United StatesEmployment and HR
    Strasburger & Price, L.L.P.
    Strasburger & Price, L.L.P.
  • Article

    New Jersey Court Strikes Down ‘Ambiguous' Jury-Waiver Agreement

    New Jersey employers wishing to have employees sign jury-waiver agreements should take note of a recent Appellate Division decision, Noren v. Heartland Payment Systems, Inc...
    United StatesEmployment and HR
    Ogletree, Deakins, Nash, Smoak & Stewart
    Ogletree, Deakins, Nash, Smoak & Stewart
  • Article

    Ninth Circuit Reaffirms Need For Employers To Establish And Communicate Electronic Monitoring Policies

    The Ninth Circuit Court of Appeals has confirmed that while employees may have a reasonable expectation of privacy in their workplace computers, an employer who has a policy of monitoring those computers may lawfully access that data and provide it to the government.
    United StatesEmployment and HR
    Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
    Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
  • Article

    Supreme Court To Hear Defense Of Marriage Act Cases

    The Supreme Court has granted the petition for a writ of certiorari for Windsor v. United States and Perry v. Hollingsworth, two cases which strike at the heart of the constitutionality of the Defense of Marriage Act (DOMA).
    United StatesEmployment and HR
    Duane Morris LLP
    Duane Morris LLP
  • Article

    The Supreme Court Sides With Employers On The Right To Sue Unions

    On June 1, 2023, the United States Supreme Court held that a company could sue a union over intentional damage caused during a labor dispute. In Glacier Northwest v. International Brotherhood...
    United StatesEmployment and HR
    McNees Wallace & Nurick
    McNees Wallace & Nurick
  • Article

    Touchstone Television Productions v. Superior Court (Sheridan): Refusal To Renew An Employment Contract Is Not A Termination

    The court of appeal issued a writ of mandate compelling the trial court to grant Touchstone’s motion, holding that the company’s decision not to renew the contract was not a termination.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    U.S. Supreme Court Expands Scope of Title VII Anti-Retaliation Provision by Allowing

    Last week, the United States Supreme Court held that a third party can assert a retaliation claim under Title VII, further expanding the statute’s scope.
    United StatesEmployment and HR
    Bradley Arant Boult Cummings LLP
    Bradley Arant Boult Cummings LLP
  • Article

    Vanderbilt University Medical Center Faces ERISA Class Action Over Retirement Plan

    Participants in Vanderbilt University Medical Center’s retirement plan have filed a proposed class action under the Employee Retirement Income Security Act (ERISA). The participants allege that Vanderbilt violated...
    United StatesEmployment and HR
    Hall Benefits Law
    Hall Benefits Law
  • Article

    When Plaintiff's Counsel Wants To Speak With Your Former Manager

    We are often asked by clients if there is anything they can do to keep Plaintiff's counsel from speaking with managers who are no longer with the company.
    United StatesEmployment and HR
    Baker Sterchi Cowden & Rice LLC
    Baker Sterchi Cowden & Rice LLC
  • Article

    Second Circuit Issues Ruling On Foreign Issuer Securities Case

    On October 23, 2008, the Second Circuit Court of Appeals issued an important decision regarding the extraterritorial application of the U.S. securities laws that will have broad implications for non-U.S. public companies.
    United StatesFinance and Banking
    Morrison Foerster
    Morrison Foerster
  • Article

    Biotech Functional Characterizations Fail Written Description Test Again

    Acknowledging that a structure-function relationship can provide adequate written description for claims to genetic material, the U.S. Court of Appeals for the Federal Circuit nevertheless held that a partial amino acid sequence failed to provide the requisite correlation for describing a claimed nucleotide sequence.
    United StatesFood, Drugs, Healthcare, Life Sciences
    McDermott Will & Emery
    McDermott Will & Emery
  • Article

    Debriefing To Dead Briefing: How To Avoid Dismissal By Identifying “Required” Debriefings

    A recent GAO decision reveals a critical timing trap for government contractors challenging procurement decisions. Even when a contracting officer incorrectly characterizes a debriefing as "required" under FAR part 15, GAO may still dismiss protests as untimely if the debriefing doesn't actually meet regulatory requirements for tolling the 10-day filing deadline.
    United StatesGovernment, Public Sector
    Crowell & Moring LLP
    Crowell & Moring LLP
  • Article

    Update: The Supreme Court’s Decision in First Choice Women's Resource Centers, Inc. v. Davenport (formerly Platkin)

    The Supreme Court's unanimous decision in First Choice Women's Resource Centers v. Davenport establishes a new framework for challenging state Attorney General subpoenas in federal court, potentially reshaping...
    United StatesGovernment, Public Sector
    Foley Hoag LLP
    Foley Hoag LLP
  • Article

    Delaware Superior Court Affirms Insurance Coverage Notwithstanding Prior Unreported Related Claim

    A Delaware Superior Court ruled that an insurer must provide coverage for a derivative action filed during a renewed policy period, even though it related back to an earlier unreported books and records action. The decision hinged on the court's interpretation that the policy's related-claims exclusion only applied to matters previously reported under prior policies, not to all interrelated claims.
    United StatesInsurance
    A&O Shearman
    A&O Shearman
  • Article

    Florida Supreme Court Holds Bad Faith By Insurer Not Required For Award Of Insured's Attorney's Fees

    This decision involved a homeowner who filed a claim under her homeowner's insurance policy for sinkhole damage.
    United StatesInsurance
    Lewis Brisbois Bisgaard & Smith LLP
    Lewis Brisbois Bisgaard & Smith LLP
  • Showing 941–960 of 4300 results

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