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1
Tide Turns On Phantom Exclusion
For decades, the protection provided by directors and officers (D&O) and errors and omissions (E&O) professional liability insurance policies has been weakened by insurance companies invoking the "disgorgement" defense ...
United States
20 May 2018
2
It's All A Matter Of [Statutory] Construction: Supreme Court Narrowly Interprets The Good Faith Dispute Exception To Prompt Payment Requirements In United Riggers & Erectors, Inc. v. Coast Iron & Steel Co.
On May 14, 2018, the California Supreme Court issued its opinion in United Riggers & Erectors, Inc. v. Coast Iron & Steel Co., No. S231549, slip. op. (Cal. Sup. Ct. May 14, 2018).
United States
18 May 2018
3
A Tale Of Two Judges: Lack Of Binding Precedent On Arbitration Agreements Causes Uncertainty For Rhode Island Employers
Can two judges on the same court reach contradictory conclusions about the enforceability of the same arbitration agreement presented to two employees in the same manner?
United States
18 May 2018
4
USCIS And DOJ Partner To Share Data In An Effort To Protect U.S. Workers
On May 11, 2018, USCIS and the DOJ issued a MOU expanding their preexisting collaboration with the goal of better detecting and eliminating fraud, abuse, and discrimination by employers...
United States
18 May 2018
5
Seventh Circuit Says Remand, Not Dismissal, Proper For FACTA Lawsuit
Even though both parties agreed the plaintiffs lacked standing to bring suit under the FACTA, the Seventh Circuit recently reversed the district court's dismissal for lack of standing...
United States
18 May 2018
6
Massachusetts Lawsuit Against Long-Term Pharmacy Care Provider Fails To Clear The Legacy FCA Public Disclosure Bar
On April 30, 2018, the U.S. District Court for the District of Massachusetts dismissed the last remaining state FCA claims against long-term care pharmacy provider PharMerica, Inc. on the grounds that neither relator...
United States
18 May 2018
7
Marty Stern & Artin Betpera In Radio Ink: Is Your Texting Promotion Legal?
A federal court in Louisiana ruled that Marketron Broadcast Solutions did not violate the Telephone Consumer Protection Act (TCPA) by texting a radio listener about an upcoming concert.
United States
18 May 2018
8
Revisiting The NLRB's Workplace Rule Standards
We wrote recently about the Trump Administration's efforts to roll back the Obama-era NLRB's workplace handbook and rule restrictions.
United States
18 May 2018
9
Likelihood Of Success A Prerequisite To Insurer's Duty To Appeal, Mass. Court Rules
On August 27, 2016, Judge Mitchell Kaplan of the Massachusetts Superior Court for Suffolk County - Business Litigation Session, which handles only complex business litigation matters...
United States
18 May 2018
10
Two Enacted State Laws Permit Truthful Off-Label Promotion
Earlier this month, Tennessee House Bill 2220 was enacted, which provides, "A pharmaceutical manufacturer or its representatives may engage in the truthful promotion of off-label uses."
United States
18 May 2018
11
Scratch Off Sweepstakes Card Triggers Class Action
Back in the 1990s, lawsuits and regulatory actions against sweepstakes operators were legion. In the wake of these actions, and in a stunning lack of prescience, yours truly predicted the death...
United States
18 May 2018
12
Still Thinking About GDPR?
We are now in the 10-day countdown to the GDPR enforcement date that we've been talking about since 2015. If you are a charter member of Procrastinators Anonymous ...
United States
18 May 2018
13
2018 Arizona Legislative Session: What's New For Arizona Employers?
Arizona's fifty-third legislature ended in early May of 2018 while over 50,000 demonstrators protested for increased education funding at the state capitol.
United States
18 May 2018
14
Vermont Enacts Salary History Inquiry Law
Vermont has become the latest jurisdiction to enact a law that will prohibit employers from inquiring about, seeking, or requiring salary history information from prospective employees.
United States
18 May 2018
15
Governance & Securities Law Focus: Asia Edition, May 2018
On 21 February 2018, the Securities and Exchange Commission (SEC) released new interpretive guidance on public company disclosures regarding cybersecurity risks and incidents. The
United States
18 May 2018
16
Washington Court Denies Plaintiffs' Motion For Summary Judgment On Various Overtime Issues
Most practitioners and human resource professionals are already familiar with the increasingly difficult wage and hour laws in California and its "Mini Me" to the east, New York state.
United States
18 May 2018
17
Silver Lining In A California Wage And Hour Cloud
Employers adopting an Alternative Workweek Schedule (AWS) must follow the specific rules in the applicable wage order or face liability for unpaid overtime.
United States
18 May 2018
18
Direct Contracting 101: Collaborations Between Employers And Health Care Providers
As employers continue to encounter escalating health care costs, many are exploring the "direct contracting" option, which allows for direct service and pricing negotiations with health care providers.
United States
18 May 2018
19
Investment Advisers And Cryptocurrencies
In reaction to the growth and popularity of cryptocurrencies and digital tokens, the SEC has recently begun to exercise its authority over the digital asset market.
United States
18 May 2018
20
Time To Place Your Bets? Key Things To Know About The Supreme Court Sports Gambling Decision
This week, the U.S. Supreme Court issued a landmark decision authorizing the states to decide whether sports betting should be legal within their borders. In its decision ...
United States
18 May 2018
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