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Civil Litigation
Defense Verdict in Greenville Federal Court Nursing Home Case
On June 29, 2018, a jury returned a defense verdict in federal court in Dykes v. Cleveland Nursing and Rehabilitation Center, LLC. The verdict concluded a 5 day trial.
Trademark Registration of Colors—Stay Mellow, Yellow
As you may have read in our last article, a color or a color scheme can sometimes fall under a company’s trademark if they can prove its distinctiveness. However,
“Trump Calls On Justice Department to Sue Opioid Companies: Trump asks Attorney General Jeff Sessions to bring federal lawsuit, separate from state and local litigation against drugmakers
These are interesting times, as a nominally Republican President calls for more lawsuits against domestic and overseas drug makers. The headline is from an August 16, 2018 article in the
Another Dissolved Entity Ruling in Asbestos Litigation – Saberhagen Holdings
Asbestos litigation continues to include fairly frequent arguments and decisions regarding suits against recently dissolved entities. The dissolutions may or may not be legal, and can be adverse for both
Asbestos Plaintiffs Attack Bestwall Chapter 11 as “Bad Faith” Filing; Suggest GP Substituted Talc for Asbestos
After months of procedural wrangling and negotiations about settlement, the asbestos plaintiff’s bar has now attacked the Bestwall/Georgia-Pacific chapter 11 as a “bad faith” filing. The motion is online.
Judge Daniels Narrows Trademark Case Against Company Offering “Frozen Themed” Costumed Characters for Children’s Parties
Last week, Judge Daniels granted in large part a summary judgment motion that Characters For Hire, a company that provides costumed characters for children’s events, had filed in response to
Corporate & Commercial
“Que Je T’Aime”: L’affaire d’heritage de Johnny Hallyday
As a battle rages on in Nanterre, west of Paris, over the estate of Johnny Hallyday, who is best known as the “French Elvis”, and spills out across the pages
Seminar: 1st Annual Executive Compensation University
Thursday, October 4, 2018
8:00 a.m. – 8:30 a.m. Registration & Breakfast
8:30 a.m. – 4:30 p.m. Program
4:30 p.m. – 5:30 p.m. Cocktail Reception
Location
Mayer Brown
71 South
Be Careful With the Rotten Egg: Removing a Bad Business Partner From the Company is Difficult
By Brad Monk and Ladd Hirsch
People change, and not always for the better. Which leads to the question: what is the best course of action when a trusted business
Employment Laws to Keep in Mind for Family Business Owners
There is often a temptation for small and mid-sized family-owned businesses to disregard employment laws, particularly when considering a family member’s employment, but those laws generally do not have an
Senator Warren’s Accountable Capitalism Act Modeled on the Public Benefit Corporation
The Accountable Capitalism Act, introduced by Senator Warren, would require companies with more than $1 billion in revenue to obtain federal charters from a newly formed Office of United States
Trend Setter? Massachusetts Bans Noncompetes for Nonexempt Workers
The increase in the use of noncompetition agreements in industries such as retail and food service has caught the eye of several state legislatures, and they are beginning to take Continue Reading
Employment & Labor
No “fair go” makes dismissal for a valid reason unfair
The Fair Work Commission will inevitably find a dismissal to be ‘unfair’ if, despite having legitimate performance concerns, an employer does not give the employee a ‘fair go’ to both
IRS Approves New 401(k) Plan Design to Substitute Student Loan Repayments for Elective Contributions
In a new private letter ruling (PLR 201833012) released August 17, 2018, the IRS approved amendments to a 401(k) plan that effectively permit the employer to treat an employee’s student
California Supreme Court Resolves Conflict Regarding California’s Background Check Laws
In Connor v. First Student, Inc., the California Supreme Court resolved a conflict in Court of Appeal decisions relating to the constitutionality of California’s background check laws.
Employers frequently
California Court of Appeal Upholds Meal Period Waiver in Collective Bargaining Agreement
On August 13, 2018, in Ehret v. WinCo Foods, the California Court of Appeal held that a provision in a collective bargaining agreement (“CBA”) regarding employees’ meal periods during
Truckers’ $2.35 Million Dollar Class Settlement Vacated Due to District Court’s Cursory Analysis
The U.S Court of Appeals for the Tenth Circuit recently vacated a Utah district court’s finding that a class of truckers satisfied Rule 23 for purposes of settling two wage-hour
Are confidentiality clauses about to become a relic in sexual harassment cases?
With a few minor tweaks here and there, your company has probably relied on the same severance and employment-related settlement agreements for years. Sure, you touch base with your friendly