The auto industry has been planning for the impact on a change in administration on many fronts. As previously discussed, the new administration has a strong focus on environmental policy, and is expected to make sweeping changes. What is potentially…
Continue Reading New Administration Focus on Environmental Issues Signals More Changes Ahead in Auto Industry
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Civil Litigation
Encroachment By Trees Determined to Be a Continuing Trespass for Statute of Limitations Purposes
In the case of Long v. Reccek, No. 3458 EDA 2019 (Pa. Super. Nov. 25, 2020 McLaughlin, J., Pannella, J., McCaffery, J.) (Op. by McLaughlin, J.), the Superior Court…
Continue Reading Encroachment By Trees Determined to Be a Continuing Trespass for Statute of Limitations Purposes400 W. 59th ST. PARTNERS LLC v. OYOLESI, 2020 NY Slip Op 34334 – NY: Supreme Court December 31, 2020:
“Plaintiff 400 West 59th Street Partners LLC is the owner…
Continue Reading DEALING WITH A PROBLEM TENANTAs we have said before, New York real estate is strongly associated with New York legal malpractice claims. Ramos v Goldberg, Schudieri & Lindenberg, P.C. 2020 NY Slip Op 07147…
Continue Reading So Much Real Estate, So Many Malpractice ClaimsAvignone v. VALIGORSKI, 2020 NY Slip Op 20336 – City Court of Cohoes, December 12, 2020:
“…..Pursuant to Real Property Law § 235-b, every residential lease contains an implied warranty…
Continue Reading NO PRIVATE CAUSE OF ACTION FOR CIVIL PENALTY UNDER RPAPL 768In one of the first orders issued in 2021, Judge Stephen Stobbs granted summary judgment in favor of two HeplerBroom clients in the Sidney Keyes, Sr. case.
The Case
Mr.
Continue Reading Illinois Mesothelioma Case Dismissed Based on Exclusive Remedy ProvisionCorporate & Commercial
Cross-Post from Supply Chain Dive: Biden invokes DPA to combat supply shortages, but experts say it’s no ‘magic wand’
Please contact Sarah Rathke with any questions.
Through a recent executive order, the Biden administration has the authority to use the Defense Production Act (DPA). Recently, SPB supply…
Continue Reading Cross-Post from Supply Chain Dive: Biden invokes DPA to combat supply shortages, but experts say it’s no ‘magic wand’
Introduction
“Under the law of nature, all men are born free, every one comes into the world with a right to his own person, which includes the liberty of…
Continue Reading Decoding the Law on Anticipatory BailOFCCP Announces Response to Revocation of Executive Order Limiting Diversity Trainings
As we previously reported, shortly after taking office, President Biden revoked the controversial Combatting Race and Sex Stereotyping Executive Order (the “Order”) as part of a new Executive Order…
Continue Reading OFCCP Announces Response to Revocation of Executive Order Limiting Diversity TrainingsCan African governments head off a sustained spike in the spread of COVID-19 and recover economically in 2021? How will the Biden administration engage the continent? Will companies implement more…
Continue Reading Top Issues to Watch in Africa: 2021Sidley Austin Discusses Delaware Chancery’s Latest Guidance on Caremark Claims
The Delaware Court of Chancery provided its latest guidance on so-called Caremark claims in a New Year’s Eve opinion issued by Vice Chancellor Glasscock in Richardson v. Clark, an…
Continue Reading Sidley Austin Discusses Delaware Chancery’s Latest Guidance on Caremark ClaimsHow Scrutinizing Honest Managers Encourages Earnings Management
Research in finance and accounting consistently documents that a significant number of managers overstate reported earnings when true earnings miss a benchmark [1]. Managers face strong incentives to meet and…
Continue Reading How Scrutinizing Honest Managers Encourages Earnings ManagementEmployment & Labor
Seyfarth Synopsis: In mid-December 2020, after a truncated comment period and without public hearings, the US Department of Labor (DOL) finalized its proposed regulations on a fiduciary’s responsibilities when exercising…
Continue Reading To Vote or Not to Vote? That is (Still) the QuestionWaksdale: Now the Final Word on Termination Provisions – Leave to Appeal Waksdale Decision to the Supreme Court of Canada is Denied
The highest Canadian court has just confirmed that an invalid “just cause” termination section in an employment contract will also knock out the entire termination…
Continue Reading Waksdale: Now the Final Word on Termination Provisions – Leave to Appeal Waksdale Decision to the Supreme Court of Canada is DeniedIn honor of Data Privacy Day, we provide the following “Top 10 for 2021.” While the list is by no means exhaustive, it does provide some hot topics for organizations…
Continue Reading Top 10 for 2021 – Happy Data Privacy Day!Failure to Appeal Post-Trial Personal Jurisdiction Ruling Forfeited Issue, Holds Eleventh Circuit
In Acrylicon USA, Inc. v. Silikal GmbH, No. 17-15737 (11th Cir. Jan. 26, 2021), the panel holds that while the defendant preserved a record of opposing personal jurisdiction at…
Continue Reading Failure to Appeal Post-Trial Personal Jurisdiction Ruling Forfeited Issue, Holds Eleventh CircuitPresident Biden’s Diverse Cabinet – KNBC4 (January 21, 2021)
The post President Biden’s Diverse Cabinet – KNBC4 (January 21, 2021) first appeared on Angela Reddock-Wright.
Continue Reading President Biden’s Diverse Cabinet – KNBC4 (January 21, 2021)Today, the U.S. Equal Employment Opportunity Commission (EEOC) announced that it concluded its two six-month conciliation and mediation pilot programs originally announced in July 2020. We addressed the mediation pilot…
Continue Reading EEOC Announces Conclusion of Conciliation and Mediation Pilot Programs