ArticleArbitration of Insurance Coverage DisputesThat question was recently answered by a New Jersey federal court.United KingdomLitigation, Mediation & ArbitrationSquire Patton Boggs LLP
ArticleWhen Arbitrators Exceed Their PowersWhen an arbitration panel issues a final award any challenge to that award faces an uphill battle. United KingdomLitigation, Mediation & ArbitrationSquire Patton Boggs LLP
ArticleUS Department Of Justice Announces New Mergers And Acquisitions Safe Harbor PolicyOn October 4, 2023, Deputy Attorney General Lisa Monaco announced that the US Department of Justice (DOJ) adopted a new safe harbor policy for voluntary self-disclosures...United StatesCorporate/Commercial LawSquire Patton Boggs LLP
ArticleInternational Sweep Against Elder FraudThe US Department of Justice (DOJ) swept up more than 400 defendants for committing fraud against elder citizens this month.United StatesCriminal LawSquire Patton Boggs LLP
ArticleDoing Business In California – When Can An Out-Of-State Employer's Non-Compete Provision Stand?Most companies doing business in California are aware of California's long-standing public policy in favor of employee mobility over an employer's ability to impose a provision prohibiting an employee from going to work for a competitor post-terminationUnited StatesEmployment and HRSquire Patton Boggs LLP
ArticleDon't Say We Didn't WARN You: New Jersey Mini-WARN Act Amendments Go Into Effect On April 10, 2023The global economic downturn means that we are likely to see more restructuring and reorganization measures during 2023. Employers need to be aware of compliance with the federal Worker Adjustment...United StatesEmployment and HRSquire Patton Boggs LLP
ArticleHealthcare Worker's Vaccine Refusal Not Immunized By Americans With Disabilities Act (US)On December 7, 2018, a three-judge panel of the U.S. Court of Appeals for the Eighth Circuit unanimously held in Hustvet v. Allina Health System that an employer did not unlawfully terminate an employee who refused to receive a rubella vaccination.United StatesEmployment and HRSquire Patton Boggs LLP
ArticleNinth Circuit Issues Decision Clarifying Businesses Obligations To Persons With DisabilitiesMany employers are familiar with Title I of the Americans with Disabilities Act (ADA), which sets forth employers' obligations to disabled applicants and employees.United StatesEmployment and HRSquire Patton Boggs LLP
ArticleObesity Continues To Divide Courts: Washington's High Court Says Obesity Qualifies As An ImpairmentAs we previously discussed here and here, courts are split regarding the extent to which obesity qualifies as a disability under the Americans with Disabilities Act ("ADA"). United StatesEmployment and HRSquire Patton Boggs LLP
ArticleOSHA Files Emergency Motion To Allow Vaccine-Or-Test ETS To Move ForwardOur colleagues Shams Hirji and Colter Paulson at SPB's Sixth Circuit Appellate Blog provide an update on the latest legal maneuvers involving OSHA's Emergency Temporary Standard requiring larger US employers to require employees be vaccinated ...United StatesEmployment and HRSquire Patton Boggs LLP
ArticleDOJ Targets Nursing Home CareIn a speech addressing elder abuse, US Attorney General Barr announced launch of a National Nursing Home Initiative.United StatesFood, Drugs, Healthcare, Life SciencesSquire Patton Boggs LLP
ArticleThe Western Hemisphere | Recap of Early 2020 U.S. EngagementIn January, U.S. Secretary of State Michael Pompeo travelled overseas for a trip that included stops in Germany, Colombia, Costa Rica, and Jamaica. United StatesGovernment, Public SectorSquire Patton Boggs LLP
ArticleExtrinsic Evidence Leads To Summary Judgment On Aggregate Corridor DeductibleSome insurance programs are simple: one primary policy, one excess policy. Easy. Some insurance programs are complex and contain many layers and coverages.United StatesInsuranceSquire Patton Boggs LLP
ArticleIt Is Tough To Avoid The Duty To DefendMost states view the duty to defend more broadly than the duty to indemnify. Some people call the duty to defend "litigation insurance" United StatesInsuranceSquire Patton Boggs LLP
ArticleLife Reinsurer Gets Its Wish To InterveneLife insurance policies issued in the past are often transferred in blocks to reinsurers on a 100% indemnity reinsurance basis.United StatesInsuranceSquire Patton Boggs LLP
ArticleUnique Arbitration Clause Does Not Prevent Granting Of Motion To Compel ArbitrationWhether a motion to compel arbitration will be granted depends on, among other things, whether the arbitration provision is broad or narrow and whether the dispute falls within the scope...United StatesInsuranceSquire Patton Boggs LLP
ArticleHefty Civil Penalties: Another Reason Patent Owners Should Consider Patent Litigation At The ITCPowerful remedies, particularly General Exclusion Orders, are often cited as a reason why patent owners should consider asserting their patents at the U.S. International Trade Commission under Section 337 of the Tariff Act of 1930 ...United StatesIntellectual PropertySquire Patton Boggs LLP
ArticlePractical Pointers For Certifying Questions To State CourtsPrior posts have discussed the comparative rarity of certified questions of state law in the Sixth Circuit (here and here). This post gives practical pointers to improve your odds of success...United StatesLitigation, Mediation & ArbitrationSquire Patton Boggs LLP
ArticleDistrict Court Rules Internet Archive's Open Library Project Is Not Fair UseA federal district court in New York held that the Internet Archive's Open Library project was engaging in copyright infringement by publishing digital copies of millionsUnited StatesMedia, Telecoms, IT, EntertainmentSquire Patton Boggs LLP