ArticleCan "Reach-through" Claims be Enforced? The US Federal Court Decision in University Of Rochester v G. D. Searle & Co., Inc <I>et al.</i>United KingdomFood, Drugs, Healthcare, Life SciencesLucas & Co
ArticleProfessional Liabilities In Fraud ClaimsVictims of fraud have extensive legal rights to help them recover assets taken by the fraudster, and to sue him for damages.United KingdomLitigation, Mediation & ArbitrationHFW
ArticleBedtime For Serta: The Fifth Circuit Unravels Serta's Uptier LME TransactionOn Dec. 31, 2024, the US Court of Appeals for the Fifth Circuit issued a long-awaited decision reversing the ruling of former Judge David Jones of the Bankruptcy Court for the Southern District of Texas, blessing the Serta Simmons Bedding 2020 uptier transaction. United StatesInsolvency/Bankruptcy/Re-StructuringMcDermott Will & Schulte
ArticleNavigating Time And Terrain: Limitation Defence Succeeds Because Plaintiff Knew Of Hazard Before Injury Occurred | 2023 ABKB 218Recent developments in Alberta suggest the limitation period can begin before the injury has occurred. The Plaintiff brought an action against Homes by Avi, the Defendant, for personal injuries...CanadaLitigation, Mediation & ArbitrationCLC (Canadian Litigation Counsel)
ArticleWesterhoff And McCallum: More From The OCA On Expert EvidenceThe Ontario Court of Appeal released its decision last week in Westerhof v. Gee Estate and McCallum v. Baker (2015 ONCA 206), which are the companion cases to Moore v. Getahun.CanadaLitigation, Mediation & ArbitrationDentons Canada LLP
ArticleJC Guidelines For General Damages 16th Edition Published This WeekThe new edition of the JC guidelines was published in hard copy this week and, as expected, makes across-the-board adjustments for RPI inflation to the recommended guidelines for all categories of all personal injuries.United KingdomLitigation, Mediation & ArbitrationBLM
ArticleNew Jersey, Ohio And Massachusetts Legislatures Attempt To Mandate Eradication Of "Virus Exclusion" In Business Interruption PoliciesOn March 16, 2020, the New Jersey Legislature proposed Assembly Bill 3844, which seeks to force insurers to pay COVID-19 business interruption claims notwithstanding a "Virus or Bacteria" exclusion.United StatesCoronavirus (COVID-19)Wilson Elser Moskowitz Edelman & Dicker LLP
ArticleProposed Regulations Issued By The New York City Commission On Human Rights Clarify And Expand The Citywide "Ban-The-Box" Law Such a two-step procedure may have significant drawbacks, however, such as increasing the time, expense and potential for error in the process.United StatesEmployment and HRLittler Mendelson
ArticleThe Old (Law) Is New Again: Plaintiffs Increasingly Using Old Pennsylvania Law To Challenge Background Check DecisionsIn a climate of increased national scrutiny regarding employer use of criminal background screening, plaintiffs are turning to a provision in the Pennsylvania Criminal History Record Information Act (CHRIA), 18 Pa.C.S. § 9125.United StatesEmployment and HRLittler Mendelson
ArticleVirginia's Password Protection Law Continues The Trend Toward Increasing Legislative Protection Of Personal Online AccountsAs many state legislatures open their 2015 sessions, Virginia has become the first this year to continue the legislative trend towards protecting applicants' and employees' personal online accounts.United StatesEmployment and HRLittler Mendelson
ArticleLitigation And Medical Funding: The Often Overlooked But Critical Distinction Between Discoverability And AdmissibilityLitigation and medical funding have been hot topics in the legal world for some timeUnited StatesFinance and BankingDrew Eckl & Farnham, LLP
ArticleUK/Africa/America ESG Regulation Round Up 2023-2024ESG proponents are presently concentrating on several important topics. These include issues with managing human resources, particularly about equality, inclusion, and diversity, as well asGlobalEnergy and Natural ResourcesAlliance Law Firm
Article2016 CFTC Year-In-Review And A Look ForwardIn 2016, the CFTC continued to pursue high-profile enforcement cases and to test its new enforcement authority under the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act). United StatesFinance and BankingWilmerHale
ArticleCalifornia Fair Employment & Housing Council Considers Proposed (And Recently Amended) Rules To Restrict Employer Use Of Criminal HistoryIn 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...United StatesEmployment and HRLittler Mendelson
ArticleMinnesota Enacts "Ban The Box Law" Prohibiting Employment Application Criminal History Checkmark Boxes And Restricting Criminal Record Inquiries Until After Interviews Or Conditional Job OffersRecent amendments to Minnesota law will restrict the timing of pre-employment inquiries by most private employers into a candidate’s criminal past. United StatesEmployment and HRLittler Mendelson
ArticleWhat The Supreme Court’s Mootness Holding And Class/Collective Action Distinctions In Genesis Healthcare Corp. v. Symczyk Mean For New York Employers And ArbitrationIn Genesis HealthCare Corp. v. Symczyk (11-1059), plaintiff filed a FLSA collective action on behalf of herself and other persons similarly situated claiming that 30 minutes were improperly deducted for meal breaks each day when employees actually worked. United StatesEmployment and HRDuane Morris LLP
ArticleWatch Your Language! Non-Pro Rata Uptier Transactions And The Serta And Mitel DecisionsAmong the many financial innovations that came out of the COVID era, non-pro rata uptier transactions as a liability management exercise ("LMEs") are among the more controversial.United StatesInsolvency/Bankruptcy/Re-StructuringMintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
ArticleSupreme Court Recognizes Employee Privacy In Workplace ComputersThe prevalence of computers in the workplace and employees' increased use of them gives rise to questions about the existence of privacy rights in materials stored, accessed or transmitted using employer-owned hardware and network systems. CanadaEmployment and HRBlake, Cassels & Graydon LLP
Article2026: The Year AI and Legal Technology Become ‘Business as Usual'Artificial intelligence and digital transformation are no longer experimental but are increasingly embedded in legal practice. The pace of change is accelerating — courts are formalising AI guidelines...AustraliaTechnologyHerbert Smith Freehills Kramer LLP
ArticleEmployment Tribunals: The Good, The Bad And The UglyThe employment tribunal system was established to provide an employee the regime in which to make a formal complaint that their employer has violated the Employment Act 2000.BermudaEmployment and HRMJM Limited