With the summer coming to an end quickly, and people trying to fit in their vacations during these final weeks, it is a good time to review a few aspects
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Civil Litigation
Asbestos Plaintiffs Attack Bestwall Chapter 11 as “Bad Faith” Filing; Suggest GP Substituted Talc for Asbestos
By Kirk Hartley on
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
By Michael Keough on
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
Stark & Stark Investment Management & Securities Practice Group Submits a Comment Letter to the SEC on Recent Rule Proposals
By Stark & Stark on
Max Schatzow, Esq., on behalf of Stark & Stark’s Investment Management & Securities Practice Group, submitted a comment letter to the U.S. Securities & Exchange Commission (“SEC”) in
5th Circuit Affirms $3.4 Million Products Liability Verdict
By Philip Thomas on
In 2016 I covered a $8.5 million (comparative fault reduced it to $3.4 million) Gulfport federal court verdict in Williams v. Manitowoc Cranes. I wrote:
On Thursday a federal
EMS Bankruptcy Preference Complaints: Trade Creditors Protect Yourselves
By Thomas S. Onder on
In the last few days, hundreds of bankruptcy complaints against trade creditors were filed by bankrupt Chapter 11 debtor VRG Liquidating, LLC (formerly EMS) (docket 16-10971). The crux of the
Legislative Grants of Immunity from Lawsuits – the Online Example
By Kirk Hartley on
Some day I would love to find a law review or treatise capturing and summarizing the various industries which hold legislative immunity from lawsuits. One immediately thinks, for example, of
Corporate & Commercial
Court Describes Required Pretrial Disclosure of Scope of Expert Testimony/Opinions
By Francis Pileggi on
A recent decision of the Delaware Court of Chancery provides clarification on the amount of pretrial disclosure required in order for an expert’s testimony at trial not to be stricken.
Chancery Denies Motion to Dismiss Earn-Out Claim Due to Ambiguity
By Francis Pileggi on
One of the more common forms of commercial litigation continues to be disputes regarding earn-out formulas for post-closing payments due if certain milestones are met. The Delaware Court of Chancery
Changes Afoot for CFIUS and US Export Controls as the Dust Settles on FIRRMA
By Steptoe International on
Following months of hearings and other deliberations, Congress passed, and President Trump signed into law on August 13, 2018, the Foreign Investment Risk Review Modernization Act of 2018 (FIRRMA). FIRRMA
Third Circuit Says CFPB May Investigate the Totality of a Target’s Business Conduct
By Shannon McNeal & Jonathan Engel on
Businesses Yet to See Major Relief from TCPA Lawsuits Following ACA International Decision
By Neil K. Gilman & Perie Reiko Koyama on
The D.C. Circuit’s much-awaited decision in ACA International v. Federal Communications Commission earlier this year set aside much of the FCC’s prior interpretation of what qualifies as an “automatic telephone Continue Reading
External Conduct Standards for Charities
By Bill d'Apice on
The ACNC legislation passed in 2012 allowed for the creation of minimum external conduct standards that are required to be met by registered charities.
To date, this issue seems to
Employment & Labor
Gender Identity Protections Under the New York City Human Rights Law
By Zachary A. Hummel on
The New York City Commission on Human Rights (the “Commission”) issued a notice seeking comments on proposed rules that will define violations and outline the scope of protections against discrimination
Non-Compete Agreements and H-1B Visa Workers
By Ivo Becica & Qiwei Chen on
Some employers require employees to enter into non-competition agreements at the time of hire, preventing them from competing with their employer during employment and during a certain time period after
Catholic Employee Harassed For Having a Crucifix: EEOC Lawsuit
By Richard Cohen on
Well, this is the first time I’ve seen a hostile work environment case based upon religious discrimination – that is, an employee allegedly harassed because of his religion.
The EEOC
IRS Issues “Snapshot” Guidance on Qualified Retirement Plan Issues
By Jeffrey Holdvogt & Sarah L. Engle on
The Internal Revenue Service (IRS) recently released “Issue Snapshots” on a number of topics related to tax-qualified retirement plans, including both pension and savings plans. Historically, the snapshots
The California Supreme Court To Decide Whether California’s Labor Laws Apply To Employees Who Work Only Partially In California
By Joseph S. Persoff on
For a company that does 100 percent of its business in California and employs workers who perform 100 percent of their work in California, it would not be surprising for