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  • Article

    National Banks Should Be Unhappy With The Supreme Court’s New Removal Decision

    At one time, regulations issued by the Office of the Comptroller of the Currency prohibited state officials from bringing enforcement actions against national banks under state law.
    United StatesFinance and Banking
    Schnader Harrison Segal & Lewis LLP
    Schnader Harrison Segal & Lewis LLP
  • Article

    Appellate Rule Amendments Add New Class Of Cases To Those Covered By Longer Appeal Periods

    Lawyers handling matters involving the federal government are likely aware that a longer period applies for appealing a final judgment in federal court.
    United StatesLitigation, Mediation & Arbitration
    Schnader Harrison Segal & Lewis LLP
    Schnader Harrison Segal & Lewis LLP
  • Article

    Eastern District Of Louisiana Rules That Duty Of Care Owed By Helicopter Pilot Can Be Established Without Expert Testimony

    The United States District Court for the Eastern District of Louisiana's decision in White v. Dynamic Industries, Inc. et al. illustrates the importance of adhering to internal safety policies.
    United StatesLitigation, Mediation & Arbitration
    Schnader Harrison Segal & Lewis LLP
    Schnader Harrison Segal & Lewis LLP
  • Article

    New Amendments To Federal Rule Of Appellate Procedure 6: Appeal In A Bankruptcy

    On December 1, 2014, amendments to various federal rules of practice and procedure took effect.
    United StatesLitigation, Mediation & Arbitration
    Schnader Harrison Segal & Lewis LLP
    Schnader Harrison Segal & Lewis LLP
  • Article

    New Amendments To The Federal Rules Of Appellate Procedure Include A Change To Briefing Requirements

    On December 1, 2013, several amendments to the Federal Rules of Appellate Procedure are scheduled to go into effect.
    United StatesLitigation, Mediation & Arbitration
    Schnader Harrison Segal & Lewis LLP
    Schnader Harrison Segal & Lewis LLP
  • Article

    Waiver Of Personal Jurisdiction Defense Can Undermine Motion To Dismiss For Improper Venue

    As a result, American was deemed to reside in the Northern District of California for venue purposes.
    United StatesLitigation, Mediation & Arbitration
    Schnader Harrison Segal & Lewis LLP
    Schnader Harrison Segal & Lewis LLP
  • Article

    Delaware Federal Court Dismisses Negligent Misrepresentation Claims Against Engine Manufacturers For Failure To Conform To The Heightened Pleading Standards For Claims Sounding In Fraud

    Plaintiffs, surviving family and estate representatives of two decedents killed in an airplane crash in June 2017, brought suit in federal court in Delaware against various manufacturers.
    United StatesTransport
    Schnader Harrison Segal & Lewis LLP
    Schnader Harrison Segal & Lewis LLP
  • Article

    Illinois Federal Trial Court Departs From Second, Third And Fifth Circuit Precedent And Rejects "Snap Removal"

    Two weeks after Norwegian Airlines filed its suit in state court and before it had served any defendant, Boeing removed the case to federal court based on diversity jurisdiction.
    United StatesTransport
    Schnader Harrison Segal & Lewis LLP
    Schnader Harrison Segal & Lewis LLP
  • Article

    Third Circuit Holds That Consumers Are Not Required To Seek Validation Of A Debt Before Filing Suit Under The FDCPA

    The FDCPA provides that if the consumer "notifies the debt collector in writing . . . that the debt is disputed, the debt collector will obtain verification of the debt".
    United StatesFinance and Banking
    Schnader Harrison Segal & Lewis LLP
    Schnader Harrison Segal & Lewis LLP
  • Article

    Supreme Court Narrows Whistleblower Definition Under Dodd-Frank: Now Are Your Company's Compliance Systems In Order?

    On February 21, 2018, the U.S. Supreme Court ruled that "Dodd-Frank's anti-retaliation provision does not extend to an individual, like Somers, who has not reported a violation of the securities laws to the SEC."
    United StatesCorporate/Commercial Law
    Schnader Harrison Segal & Lewis LLP
    Schnader Harrison Segal & Lewis LLP
  • Article

    New York State Minimum Wage To Increase Beginning In 2014

    Through an unusual agreement, the New York State Legislature and Governor Andrew Cuomo decided to hike New York State’s minimum wage.
    United StatesEmployment and HR
    Schnader Harrison Segal & Lewis LLP
    Schnader Harrison Segal & Lewis LLP
  • Article

    Proposed Changes To Federal Rules Would Place New Limits On Discovery

    Proposed changes to the Federal Rules of Civil Procedure would significantly affect the scope of discovery.
    United StatesFinance and Banking
    Schnader Harrison Segal & Lewis LLP
    Schnader Harrison Segal & Lewis LLP
  • Article

    Preventing The Unauthorized Use Of Trademarks With A .xxx Generic Top Level Domain - Action Required By October 28, 2011

    ICANN, the domain name management organization, has established .xxx as a generic top-level domain ("gTLD") similar to .com, .net and .org.
    United StatesIntellectual Property
    Schnader Harrison Segal & Lewis LLP
    Schnader Harrison Segal & Lewis LLP
  • Article

    Investment Activities Could Trigger Taxes For Nonprofits

    Investment activities that are common for most taxpayers may create complications for tax-exempt entities. The United States Court of Federal Claims recently determined that two charitable trusts were liable for income taxes on profits derived from securities they purchased on margin.
    United StatesTax
    Schnader Harrison Segal & Lewis LLP
    Schnader Harrison Segal & Lewis LLP
  • Article

    College And University Boards Advised To Become And Remain Informed Of Sexual Misconduct On Campus

    The Association of Governing Boards of Universities and Colleges (AGB) released an Advisory Statement on Sexual Misconduct on October 24.
    United StatesConsumer Protection
    Schnader Harrison Segal & Lewis LLP
    Schnader Harrison Segal & Lewis LLP
  • Article

    Connecticut Wins Race To Raise Minimum Wage To $10.10 Per Hour

    The Connecticut legislature approved a bill to make that state the first in the nation to raise the minimum wage to $10.10 per hour.
    United StatesEmployment and HR
    Schnader Harrison Segal & Lewis LLP
    Schnader Harrison Segal & Lewis LLP
  • Article

    New York Becomes 16th State To Join DOL Misclassification Initiative

    The misclassification of employees as independent contractors has been a focal point of both federal and state labor law enforcement agencies during the Obama Administration.
    United StatesEmployment and HR
    Schnader Harrison Segal & Lewis LLP
    Schnader Harrison Segal & Lewis LLP
  • Article

    Supreme Court: Employers Must Timely Raise Affirmative Defenses Involving Administrative Exhaustion Under Title VII

    The District Court agreed with the employer and granted summary judgment.
    United StatesEmployment and HR
    Schnader Harrison Segal & Lewis LLP
    Schnader Harrison Segal & Lewis LLP
  • Article

    Fifth Circuit Says Prevailing Lender In A Wrongful Foreclosure Action May Seek Attorney’s Fees Under Rule 54(D)(2)

    Under Federal Rule of Civil Procedure 54(d)(2), a prevailing party that has a contractual or statutory right to recover attorney’s fees may request those fees by filing a motion within 14 days of entry of the judgment, "unless the substantive law requires those fees to be proved at trial as an element of damages."
    United StatesFinance and Banking
    Schnader Harrison Segal & Lewis LLP
    Schnader Harrison Segal & Lewis LLP
  • Article

    The Future Is Dim For Fair Lending Claims Based On A Discretionary Pricing Policy

    In Rodriguez v. National City Bank, the United States Court of Appeals for the Third Circuit just dealt a significant blow to classwide litigation of fair lending claims based on a bank’s "discretionary pricing policy."
    United StatesFinance and Banking
    Schnader Harrison Segal & Lewis LLP
    Schnader Harrison Segal & Lewis LLP

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