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  • Article

    California Supreme Court Eases Admissibility Of Oral Statements In Contract Fraud Disputes

    California, like most jurisdictions, prohibits parties to integrated contracts from introducing "parol evidence" — this is, evidence of prior written or verbal agreements made by a party to a contract — if those alleged agreements are inconsistent with the terms of the contract.
    United StatesFinance and Banking
    Schnader Harrison Segal & Lewis LLP
    Schnader Harrison Segal & Lewis LLP
  • Article

    Drafting The Right Franchise Agreement

    Drafting the right franchise agreement for your client starts with the development of a franchise plan that establishes the framework of the franchise system.
    United StatesFinance and Banking
    Schnader Harrison Segal & Lewis LLP
    Schnader Harrison Segal & Lewis LLP
Article

Another Possible Problem Caused By Covid-19: Check The Accuracy Of Your Address For Service Of Process With State Authorities And Avoid Default Judgments

Commercial entities periodically move their facilities around the United States, from one office or factory or retail outlet to another.
United StatesCoronavirus (COVID-19)
Schnader Harrison Segal & Lewis LLP
Schnader Harrison Segal & Lewis LLP
  • Article

    COVID-19 And Employment Considerations For Businesses

    The global proliferation of the novel coronavirus, known as COVID-19, has forced employers to develop and implement plans to keep their workers safe and productive while complying with applicable laws and regulations.
    United StatesEmployment and HR
    Schnader Harrison Segal & Lewis LLP
    Schnader Harrison Segal & Lewis LLP
  • Article

    Servicer Violated RESPA But Caused No Damages: Eighth Circuit

    The U.S. Court of Appeals for the Eighth Circuit concluded earlier this month in Wirtz v. Specialized Loan Servicing, LLC, that a mortgage loan servicer violated Section 6 of the Real Estate Settlement Procedures Act (RESPA) by failing to obtain a borrower's complete payment history from a previous servicer and to provide a copy of the history to the borrower in response to his qualified written requests.
    United StatesFinance and Banking
    Schnader Harrison Segal & Lewis LLP
    Schnader Harrison Segal & Lewis LLP
  • Article

    Hall v. Millersville University: Third Circuit Clarifies Title IX Liability For Third Party Conduct

    On January 11, 2022, the U.S. Court of Appeals for the Third Circuit issued a precedential opinion in Hall v. Millersville University.
    United StatesLitigation, Mediation & Arbitration
    Schnader Harrison Segal & Lewis LLP
    Schnader Harrison Segal & Lewis LLP
  • Article

    Illinois Appellate Court Grants Summary Judgment To Insurer Based On Insured's Noncompliance With Pilot Warranty Endorsement

    Performance further argued that the annual simulator school training required by the Second Warranty Part could occur after the Loss.
    United StatesTransport
    Schnader Harrison Segal & Lewis LLP
    Schnader Harrison Segal & Lewis LLP
  • Article

    Is Your Landfill Or Other Wasting Asset Fairly Assessed?

    The Market Rent/Royalty Approach is not just applicable to landfills, but can also be used to value other similar wasting assets.
    United StatesReal Estate and Construction
    Schnader Harrison Segal & Lewis LLP
    Schnader Harrison Segal & Lewis LLP
  • Article

    Eighth Circuit Applies Compulsory Insurance Doctrine To Save Northwest: What Will Save You?

    The Eighth Circuit Court of Appeals recently handed down a decision in Northwest Airlines, Inc. v. Professional Aircraft Line Serv. that
    United StatesTransport
    Schnader Harrison Segal & Lewis LLP
    Schnader Harrison Segal & Lewis LLP
  • Article

    First Circuit Reverses District Court And Finds Question Of Fact On Montreal Convention Accident Determination

    Jennifer Moore commenced litigation against British Airways to recover for injuries sustained as she was disembarking a British Airways flight from Boston, Massachusetts to London, England on September 14, 2018...
    United StatesTransport
    Schnader Harrison Segal & Lewis LLP
    Schnader Harrison Segal & Lewis LLP
  • Article

    Pennsylvania Wage And Hour Updates: (1) New Overtime Pay Regulation No Longer In Effect And (2) Mandatory Security Checks Are Compensable As Hours Worked

    There are two recent and important wage and hour developments of which Pennsylvania employers need to be aware. Unfortunately, most employers have not been planning for either of these new developments.
    United StatesEmployment and HR
    Schnader Harrison Segal & Lewis LLP
    Schnader Harrison Segal & Lewis LLP
  • Article

    New Jersey Supreme Court Opens The Door To Employee Retaliation Lawsuits Based Upon Post-Employment Employer Conduct

    In January 2010, the Supreme Court of New Jersey, in "Roa and Roa v. LAFE", ruled that employees cannot use more recent acts of alleged discrimination to revive acts of discrimination more than two years old, if the prior acts were themselves sufficient to put an employee on notice of a potential claim.
    United StatesEmployment and HR
    Schnader Harrison Segal & Lewis LLP
    Schnader Harrison Segal & Lewis LLP
  • Article

    Eleventh Circuit Holds Plaintiff Lacked Standing In Lawsuit Alleging That The TSA's Policies Regarding The Use Of Advanced Imaging Technology Screeners Were Unconstitutional

    In Corbett v. Transp. Sec. Admin., the Court of Appeals for the Eleventh Circuit dismissed plaintiff's complaint, holding that plaintiff lacked standing to allege the Transportation Security Administration's policies ...
    United StatesTransport
    Schnader Harrison Segal & Lewis LLP
    Schnader Harrison Segal & Lewis LLP
  • Article

    Enter A Passenger, Leave A Felon: An Update On Airline Passenger Disturbances And Continuing Response And Crackdown

    Unruly passenger behavior resulting in investigations by the FAA has increased to more than 5,000 reports in 2021. One such incident involved frustrated passengers who assisted an off duty U.S. Marshall...
    United StatesTransport
    Schnader Harrison Segal & Lewis LLP
    Schnader Harrison Segal & Lewis LLP
  • Article

    The DOL's Final Overtime Rule: Survival Strategies For Nonprofit Organizations

    These salary thresholds will automatically adjust every three years, making it likely that the white collar exempt employee salary threshold will rise above $50,000 in a few short years.
    United StatesEmployment and HR
    Schnader Harrison Segal & Lewis LLP
    Schnader Harrison Segal & Lewis LLP
  • Article

    Supreme Court Announces Standard Of Review For Factual Issues Underlying Patent Claim Construction: Implications Beyond Patent Law

    The United States Supreme Court, clarifying the proper standard of review of factual findings arising during a court's construction of patent claims, held that such "evidentiary underpinnings" should be reviewed for clear error rather than de novo.
    United StatesIntellectual Property
    Schnader Harrison Segal & Lewis LLP
    Schnader Harrison Segal & Lewis LLP
  • Article

    Supreme Court Provides Guidance On The Subject Matter Eligibility Of Computer-Implemented Inventions

    The Supreme Court invalidated claims directed to methods and computer systems for using an intermediary to reduce the settlement risk in certain financial transactions.
    United StatesIntellectual Property
    Schnader Harrison Segal & Lewis LLP
    Schnader Harrison Segal & Lewis LLP
  • Article

    Changes To New York Power Of Attorney Law Should Simplify Form And Streamline Acceptance By Financial Institutions

    Virtually everyone who has prepared or signed a New York Durable Power of Attorney statutory "short form" over the past ten or so years has the same reaction when first trying to navigate...
    United StatesLaw Department Performance
    Schnader Harrison Segal & Lewis LLP
    Schnader Harrison Segal & Lewis LLP
  • Article

    Is An S Election For An LLC Smart Planning Or A Bad Idea?

    When Congress enacted the S corporation statutes, the only entity capable of making an S election was a state law corporation, and the statutes are built on that premise.
    United StatesLaw Practice Management
    Schnader Harrison Segal & Lewis LLP
    Schnader Harrison Segal & Lewis LLP
  • Article

    Double SCOTUS Rulings Provide Guidance On Sentencing

    This client alert addresses two decisions by the Supreme Court that highlight the often subjective and convoluted nature of the sentencing process.
    United StatesLitigation, Mediation & Arbitration
    Schnader Harrison Segal & Lewis LLP
    Schnader Harrison Segal & Lewis LLP
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