It’s Friday and that means we’ve got a fresh batch of our favorite blog posts from the past week all hand-picked by members of our publishing team. COVID-19 remains top of mind for many legal bloggers as they continue to deal…
Continue Reading Best of Law Blogging: travel restrictions, alumni relations and why you shouldn’t “do the right thing”
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Civil Litigation
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Following are this week’s summaries of the Court of Appeal for Ontario for the week of…
Continue Reading COURT OF APPEAL SUMMARIES (SEPTEMBER 20 – SEPTEMBER 24, 2021)App Annie Settlement Signals Increased Scrutiny for Data Brokers by SEC
Data brokers beware, the Securities Exchange Commission (SEC) has signaled increased scrutiny into the data and privacy practices of technology-enabled companies in the financial services industry. On September 14, the…
Continue Reading App Annie Settlement Signals Increased Scrutiny for Data Brokers by SECJudiciary Law § 487 is hard to prove to a court’s satisfaction. It is not “lightly given” and rarely proceeds past the pleading stage. Dreamco Dev. Corp. v Empire State …
Continue Reading Not Egregious and Not MultipleSuperior Court Rules That Employee Who is a Certified Medical Marijuana User Can Sue For Wrongful Termination Under Medical Marijuana Act
Tort Talkers may recall the previous blog post on the decision by Lackawanna County Court of Pleas Judge Terrence R. Nealon in the of Palmiter v. Scranton Quincy Clinic Co…
Continue Reading Superior Court Rules That Employee Who is a Certified Medical Marijuana User Can Sue For Wrongful Termination Under Medical Marijuana Act
If you read the recent story of the Long Island man who hasn’t paid his mortgage in 23 years, here is the recent decision that was in the news.
Diamond Ridge…
Continue Reading THE ACTUAL DECISIONArbitration clauses have become ubiquitous in modern commerce. The legal services industry is not immune from this trend. Today, many law firms include arbitration provisions in their client engagement letters. …
Continue Reading Are Arbitration Clauses in Attorney Engagement Letters Enforceable?Corporate & Commercial
The Delaware Supreme Court has announced a revised standard for an important aspect of corporate litigation: the analysis of pre-suit demand futility for purposes of pursuing a derivative stockholder claim…
Continue Reading Supreme Court Clarifies Pre-Suit Demand AnalysisChancery Addresses Potential Penalties for Failure to Meet Court-Ordered Discovery Deadlines
A recent decision by the Delaware Court of Chancery is useful for litigators who need to know what remedies are available when an opposing party does not provide documents required…
Continue Reading Chancery Addresses Potential Penalties for Failure to Meet Court-Ordered Discovery DeadlinesIt’s coming up on awards season. The Emmys were last week and weirdly, I got a thought bubble about nominees in the Black Swan category, walking the red carpet looking…
Continue Reading Does A Red Carpet Full Of Black Swans Matter?Chancery Court clears shareholders to take over 737 MAX Caremark safety claims against Boeing
This post was prepared by Frank Reynolds, who has been following Delaware corporate law, and writing about it for various legal publications, for over 30 years.
The Delaware Court of…
Continue Reading Chancery Court clears shareholders to take over 737 MAX Caremark safety claims against BoeingIn a Church Divided, Secular Courts Have Limited Tools to Rejoin What a Congregation has Put Asunder
Discord within a faith community comes with all the challenges of a secular dispute, but carries with it the special responsibility that members of a congregation share in a collective…
Continue Reading In a Church Divided, Secular Courts Have Limited Tools to Rejoin What a Congregation has Put AsunderIn my most recent ethics column appearing in the current issue of The Bencher, the publication of the American Inns of Court, I highlighted a recent Delaware Supreme Court…
Continue Reading Supreme Court Clarifies Authority to Enforce Legal Ethics RulesEmployment & Labor
On September 24, 2021, the White House issued Guidance explaining that Federal contractors and subcontractors with a covered contract or contract-like instrument must comply with the following workplace safety protocols:…
Continue Reading White House Issues Federal Contractor Vaccine GuidanceTenth Circuit Upholds Employer’s Decision to Deny Telework Accommodation Request Under Rehabilitation Act
On September 15, 2021, the Tenth Circuit Court of Appeals upheld a district court’s grant of summary judgment in favor of an employer. In Brown v. Austin, the Tenth…
Continue Reading Tenth Circuit Upholds Employer’s Decision to Deny Telework Accommodation Request Under Rehabilitation ActSome employees in Ontario are misclassified by their employers as independent contractors and denied minimum employment standards to which they …
The post Employee Misclassification In Ontario appeared first on…
Continue Reading Employee Misclassification In OntarioThe Private Attorney General Act (PAGA) is crazy making for California employers.
In plain English, PAGA allows a Court to award a penalty for each pay period that includes a…
Continue Reading Is There Any Viable Defense to a Dreaded PAGA Claim?New California Law Imposes Strict Limits on Warehouse Distribution Centers (This Means You, Amazon!)
A new California law, effective January 1, 2022, closely regulates productivity quotas for warehouse distribution centers. AB 701 applies to employers of 100 or more employees at a single warehouse…
Continue Reading New California Law Imposes Strict Limits on Warehouse Distribution Centers (This Means You, Amazon!)As expected, the Safer Federal Workforce Task Force issued the Guidance contractors have been anticipating to implement President Biden’s September 9, 2021 Executive Order 14042: Ensuring Adequate COVID Safety Protocols…
Continue Reading Safer Federal Workforce Task Force Issues Guidance for Federal Contractor Compliance with COVID-19 Executive OrderCategories
Financial
- Does A Red Carpet Full Of Black Swans Matter?
- Court Holds That Shareholder Derivative Suit May Proceed Against An Officer Without A Pre-Suit Demand Where The Case Involved A Closely-Held Corporation
- Shareholder Agreements Are Very Powerful In Texas: Parties Should Carefully Review Those Agreements Before Obtaining Stock In A Corporation