Would you like to be alerted of new articles on Good Cause? Check out LawKT Premium. Law Firm Publications on Good Cause [See Also: News Articles] Last update: Mar 19, 2007 Gibbons: N.J. Appellate Court Holds That Findings by Unemploymen...  Dec 20, 2005 YMF contested this matter, and a Deputy Director denied plaintiff's claim finding plaintiff left her employment voluntarily and without good cause. The tribunal examiner concluded, based on this hearing, that plaintiff was entitled to unemployment benefits because she was discharged from her position Gibbons: Employment & Labor Law Alert  Dec 20, 2005 Employers often contest claims for unemployment compensation benefits by former employees who claim to have been terminated without good cause. If the employer loses before the Unemployment Compensation tribunal, will it be stuck with that result for purposes of the subsequent lawsuit Blank Rome: Affordable Housing and Community Development Update  Dec 01, 2005 Note that this prohibition on extending a HAP contract no more than one year prior to its expiration could cause problems in projects utilizing Low Income Housing Tax Credits ("LIHTC") since tax credit investors generally want to have the HAP contract extended at its initial execution for as long a period of time as HUD allows (which is now a maximum of 15 years under the final PBV regulations). e. those buildings which have five or more dwelling units) that are excepted from the 25% cap because Kilpatrick Stockton: State Court Remands  Sep 05, 2005 As a result, the district court often is the court of both first and last resort because its remand decisions are unreviewable. Nevertheless, the Thermtron analysis remains good law Greenberg Traurig: A Brave New World: Congress Repeals the Public Utility ...  Aug 01, 2005 In addition, PUHCA forced utility holding companies to become single state holding company systems because so called “intrastate systems” were largely exempted from PUHCA. This exemption, however, required that a holding company and each of its material utility subsidiaries limit their activities to a single state. In particular, PUHCA prohibited any utility company affiliate (an entity owning 5% or more of the voting securities of a utility or a utility holding company) from becoming an Blank Rome: July 2005  Jul 01, 2005 MTB Group challenged use of the reverse auction arguing the auction violated the Procurement Integrity Act, 41 U.S.C. Section 423 (2000), amended by the E-Government Act of 2002 (“Act”), as well as various provisions of the Federal Acquisition Regulations (“FAR”), because the auction allowed for the unauthorized disclosure of contractor bids and proposals and source selection information in violation of the Act. MTB complained that the Act was violated because its competitors and subcontractors Blank Rome: Business Restructuring and Bankruptcy Alert  Jul 01, 2005 The Code provides that the debtor may extend that time “for cause shown.” Most requests are routinely granted which affords the debtor additional time to market a lease and obtain value for the benefit of all creditors. Under the new Act, the initial time period will be 120 days after the order for relief, and the debtor may request only one 90-day extension for cause, with any subsequent extensions to be given only if written consent of the lessor is obtained Greenberg Traurig: New Federal Legislation: The Class Action Fairness Act ...  Mar 01, 2005 No Retroactivity "The Class Action Fairness Act represents an aggressive, but logical, series of provisions that are expected to... provide class action litigants (including defendants) with broader access to federal courts..." First, because the Class Action Fairness Act is not retroactive, it will take some time for its impact to be realized. If leave is granted, the appellate court must provide a final decision within 60 days of the application, with one 10-day extension for good cause or if Jones Walker: 5th Cir. Affirms Seaman's Family Can't Get Non-...  Dec 01, 2004 Malbrough filed suit in the Western District of Louisiana alleging that the forklift was defectively designed because it lacked a door to the operator compartment. This case is significant because defendant manufacturers frequently employ the strategy of attempting to knock out the plaintiff s expert before trial to set the stage for summary judgment Seyfarth Shaw: California Labor & Employment Law Update  Nov 01, 2004 The courts further found that loss of business and goodwill were components of "economic damages" and were recoverable by Creative. The trial court refused to compel arbitration and, because of the confidentiality rules for mediators' reports and findings, it would not allow plaintiff to submit the one-page settlement document Poyner and Spruill: New Law Regarding Workplace Violence in North Carolina ...  Oct 18, 2004 A temporary no-contact order may be issued by a court, without notice to the alleged wrongdoer, when there is good cause to believe that injury or harm to an employee is imminent and will occur before the alleged wrongdoer can respond to the request for the order or if he is given notice of it. An employer is required by the new law to consult the employee who is the subject of the unlawful conduct, before seeking a civil no-contact order, to determine whether his or her participation in the Dorsey & Whitney: Proposed Changes to SLGS Program  Oct 08, 2004 All transactions, including certifications, confirmations, subscriptions, and redemptions, must flow exclusively through SLGSafe; subscriptions may be submitted by fax or mail only to the extent it is established to the satisfaction of the Bureau of Public Debt that good cause exists to submit subscriptions by such means. 5 McDermott: Passage of House Bill Advances Important OSHA Reforms  Oct 01, 2004 Permit employers who have good cause for failing to timely contest an OSHA citation to seek relief under criteria like that in Federal Rule of Civil Procedure 60. The House proponents also sought to cure what has been widely perceived to be underlying pathologies in the administration of the OSH Act caused by the deference federal courts have given to OSHA on legal issues Morrison & Foerster: FTB Issues Guidance on Implementing the New California ...  Oct 01, 2004 Morrison ter - Legal Update - FTB Issues Guidance on Implementing the New California Water’s-edge Election Statute State and Local Tax Insights -- Fall 2004 Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Since the time the water’s-edge election procedures were first enacted by the California Legislature in 1986, they had required the Blank Rome: September 2004  Sep 01, 2004 ...e., 70%) if the person that owns the vessel "notifies the Secretary that circumstances beyond the direct control of such person or its affiliates prevent, or reasonably threaten to prevent, such person from satisfying such requirement, and the Secretary does not, with good cause, determine otherwise." Such a waiver or reduction will be applicable only while the circumstances exist. Final Rule Certification Requirements As indicated in our advisory of February 2004, the provisions of the Final Blank Rome: September 2004  Sep 01, 2004 The most controversial aspect of Revenue Ruling 2004-82 is its holding that the Extended Use Agreement, which has been required of tax credit developments since 1990 and pursuant to Section 42(h)(6)(E)(ii) must prohibit evictions of tenants except for good cause and must prohibit any increase in the gross rent charged to that low income tenant except to the extent permitted under Section 42 of the Code, applies not only to the 3 year period after the termination of the Extended Use Agreement, Hogan & Hartson: "Don?t Like Court? How Mediation and Arbitration M...  May 01, 2004 The mediator's credibility is a particularly important factor; if the mediator is unlikely to be credible with one side or the other (for example, if the mediator only handles management-side employment litigation), mediation may fail because of perceptions that the mediator is not completely neutral. Because discovery and pretrial motions are generally less expensive in arbitration than litigation, the costs of preparing a dispute for final hearing often are somewhat lower in arbitration than Piper Rudnick: California Decision Clarifies Franchise Termination Dam...  Apr 01, 2004 2004), modified on denial of reh’g, a California court of appeals clarified that a franchisee who alleges that it was terminated without good cause in violation of the CFRA is not limited to the repurchase of inventory as its exclusive remedy. However, the court determined that a termination without good cause sounds fundamentally in breach of contract and that a franchisee must pursue its action and its remedies under contract law, rather than tort law Michael Best & Friedrich: Agribusiness Alert (April 2004) - Governor Doyle Signs ...  Apr 01, 2004 Thisreviewperiodmaybeextendediftheapplicantmakes amaterialmodificationtotheapplicationaftersubmission or for good cause as specified by the political subdivision. Uponreceiptoftherequest,the LFSRB has up to 90 days, unless the LFSRB can show good cause for a longer period of consideration, to review the record of the decision by the political subdivision and determine whether the person's challenge is valid Lowenstein Sandler: "Reducing Costs by Terminating Retiree Benefits in...  Mar 15, 2004 L.J. 17, 20 (1993), retiree benefits are subject to attack because ERISA provides disparate treatment for these benefits, on the one hand, and pension benefits, on the other. Its financial problems were caused by the low price of zinc, which is cyclical and fluctuates Hogan & Hartson: "Immigration Update."  Dec 01, 2003 If a registrant fails to comply with the departure registration requirement, the registrant is presumed inadmissible to the United States, but may apply for a good cause exception to overcome the inadmissibility when applying for a new visa at a U.S. Consulate. Even if the consular officer grants a good cause exception, however, the inspecting officer at the U.S. port of entry is not bound to that determination, although the consular officer's determination will be considered a significant Fried Frank: Bid Protest Update: GAO And Court Of Federal Claims Iss...  Nov 30, 2003 Protests that do not meet this deadline are generally dismissed, although GAO permits exceptions in instances where a protester shows good cause for the delay or presents a protest raising "issues of significance." The COFC in Software Testing Solutions rejected the government's efforts to import GAO's timeliness practices into the rules governing COFC bid protests. The court reasoned that in bid protests filed at the COFC, the Tucker Act trumps the sort of timeliness considerations relied upon McDermott: OIG Proposes to Define ?Charges? and ?Substantially in ...  Sep 23, 2003 Current Proposal Rationale The OIG explains that it has decided to renew its efforts to define the key terms in this exclusion authority because a provider s actual charge is an upper limit on the amount that the Medicare program will pay, because charges and costs play a role in the determination of Medicare outlier payments and because the OIG believes that even government fee schedule payments may be substantially more than the payments that providers have agreed to accept from most or all of Goodwin Procter: Finacial Services Alert  Sep 16, 2003 ...e., contractual triggers that cause early repayment to investors) in a securitization program. The Agencies issued interim and proposed rules as a result of FIN 46 because they believe the risk capital effects of this consolidation outweigh the actual capital risk, but also to explore increasing the capital charge for short-term liquidity and credit support facilities banking organizations often provide to an ABCP program Dykema Gossett: Keeping Trade Secrets Secret in the WorkplaceTips For M...  Sep 01, 2003 A good rule of thumb is that if your competitors would be willing to pay for the information, that information could be protected under the UTSA. Developing a Trade Secret Protection Plan To be afforded protection under the UTSA, an employer must prove that it took reasonable efforts under the circumstances to protect the trade secret. Voluntary Leaving: An individual who leaves work "voluntarily without good cause attributable to the employer" is disqualified from receiving benefits Morrison & Foerster: SEC Approves PCAOB Funding Rules; PCAOB Issues Notices ...  Aug 11, 2003 Morrison ter - Legal Update - SEC Approves PCAOB Funding Rules; PCAOB Issues Notices of Accounting Support Fee If you have questions regarding the PCAOB funding rules, please contact any attorney in our Corporate Department Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. The release states that the SEC believes it had good cause for Morrison & Foerster: SEC Approves PCAOB Funding Rules; PCAOB Issues Notices ...  Aug 11, 2003 Morrison ter - Legal Update - SEC Approves PCAOB Funding Rules; PCAOB Issues Notices of Accounting Support Fee If you have questions regarding the PCAOB funding rules, please contact any attorney in our Corporate Department Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. The release states that the SEC believes it had good cause for Morrison & Foerster: SEC Approves PCAOB Funding Rules; PCAOB Issues Notices ...  Aug 11, 2003 Morrison ter - Legal Update - SEC Approves PCAOB Funding Rules; PCAOB Issues Notices of Accounting Support Fee If you have questions regarding the PCAOB funding rules, please contact any attorney in our Corporate Department Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. The release states that the SEC believes it had good cause for Proskauer Rose: August 2003  Aug 01, 2003 Foley Lardner: Questions and Answers From the 12th Annual Law of Produ...  Jul 22, 2003 Answer: A termination that is done by mutual agreement does not need to comply with any notice, good cause or other state law requirements for termination. It is a very good source if you already know the citation to the statute Ballard Spahr: Download a PDF version of this newsletter  Jul 01, 2003 This was because of the extensive backlog in visa issuance to family members. His son and family were devastated because they had only about four years left of waiting time Latham & Watkins: HHS Releases Interim Final Rule Setting Forth Procedura...  Jun 26, 2003 The Rule is helpful because it puts entities on notice of the enforcement procedures in effect in the event of a HIPAA violation. Generally, the witness is entitled to a copy of his/her testimony but for good cause may be limited to inspection of the testimony Latham & Watkins: HHS Releases Interim Final Rule Setting Forth Procedura...  Jun 26, 2003 The Rule is helpful because it puts entities on notice. Generally, the witness is entitled to a copy of his/her testimony but for good cause may be limited to inspection of the testimony McDermott: U.S. Supreme Court Makes Job Bias Easier to Prove  Jun 19, 2003 The Court ruled that even where employers have a legitimate reason for an employment decision, such as good cause for termination, an employee can still take their discrimination case to the jury as long as they can show some circumstantial evidence that illegal bias was "a motivating factor" in the decision. Since 1964, Title VII has made it an "unlawful employment practice for an employer . . . to discriminate against any individual . . . , because of such individual s race, color, religion, McDermott: U.S. Supreme Court Makes Job Bias Easier to Prove  Jun 19, 2003 The Court ruled that even where employers have a legitimate reason for an employment decision, such as good cause for termination, an employee can still take their discrimination case to the jury as long as they can show some circumstantial evidence that illegal bias was "a motivating factor" in the decision. Since 1964, Title VII has made it an "unlawful employment practice for an employer . . . to discriminate against any individual . . . , because of such individual s race, color, religion, Foley Lardner: The Changing Face Of Distribution: Obstacles and Opport...  May 08, 2003 The legal analysis is further complicated in most states by an implied covenant of good faith and fair dealing running with the distributor agreement, and the equitable doctrines of promissory estoppel, recoupment, unjust enrichment and fraud. g., motor vehicles, farm and industrial equipment), imposing requirements of advance notice, opportunity to cure and/or good cause before substantial changes can be implemented Foley Lardner: Look Before You Leap: Is Your Distribution Relationship...  Apr 30, 2003 The purpose of the newsletter is to keep clients apprised of recent developments, statutory revisions, and key cases impacting the way businesses distribute goods and services, as well as models and practices for effectively managing a distribution network. Many states have enacted statutes protecting "franchisees" from termination or nonrenewal except upon a showing of good cause as defined in the statute Morgan Lewis: Preparing Trademark Applications and Statements of Use  Apr 10, 2003 Evaluate the Mark · Determine the Goods Sold/to be Sold and/or Services Rendered/to be Rendered · How is/will the Mark be Used/Displayed. Name of Applicant · Legal Nature of Applicant ­ Foreign Equivalents · Description of Goods and/or Services · Basis for Filing · Declaration · Drawing Page · Filing Fee Hogan & Hartson: "The ?First Installment? of the Enforcement Rule.&...  Apr 01, 2003 HHS states that such “additional specificity” “will assist the parties and the [administrative law judge (“ALJ”)] in ascertaining the findings of fact and conclusions of law that are actually in dispute in a case.” There is concern, however, that hearing requests may be too easily dismissed because the ALJ must deny a request if the request “is not filed as required” with the specificity described above. The hearing is public (unless good cause is shown) and on the record Morrison & Foerster: Unemployment Insurance Costs and Audits: What to Do  Mar 27, 2003 Because of its generality, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. e. was laid off or voluntarily quit for good cause) and/or terminated for other than misconduct; [fn1] Registered for work with the EDD; Physically able to work in his or her usual occupation, or an occupation for which he or she is reasonably qualified; Actively seeking work; He or she received wages during Gibbons: Appellate Division Rules that Unfavorable Unemployment ...  Mar 25, 2003 That investigation concluded that Rufo's "credibility was in serious question" because his written statement had "greatly enhanced" the allegations of Leale. Furthermore, the investigators concluded that their investigation may have to change direction because Rufo was "looking to get at Officer Nippens, who was now dating [Rufo's] past girlfriend, Tracy Grant." Id Vinson & Elkins: "New FTC Guidelines Streamline Merger Review Proce...  Mar 04, 2003 Musick Peeler & Garrett: COURTS CANNOT SHORTEN THE 75-DAY NOTICE PERIOD FOR SUMM...  Mar 01, 2003 The Court of Appeal recognized that “[b]ecause it is potentially case dispositive and usually requires considerable time and effort to prepare, a summary judgment motion is perhaps the most important pretrial motion in a civil case.” However, the Court of Appeal deferred to the authority of the Legislature to impose restrictions on the Judiciary, stating that the Legislature was entitled to conclude that the party opposing the summary judgment motion be afforded sufficient time to assemble the Long & Levitt: Rojas v. Los Angeles County Superior Court (Coffin) (20...  Jan 22, 2003 The privilege does not protect purely evidentiary materials from discovery, and derivative materials can be discovered upon a showing of good cause. Tenants argued that "derivative" materials were discoverable upon a showing of good cause Latham & Watkins: Affirmed: The Legislature "Impermissibly Controls...  Jan 09, 2003 Marine Forests challenged the Commission's ability to issue cease and desist orders, arguing that the Commission lacked such authority because the method in which the majority of its voting members are appointed violates. The Sacramento Superior Court agreed with Marine Forests, ruling that the power of the Senate Rules Committee and the Speaker of the Assembly to appoint the majority of the Commission's voting members and to remove them at will effectively renders the Commission a "legislative Foley Lardner: Don't Give Away Your Trade Secrets in Non-Disclosu...  Jan 01, 2003 This can be dangerous for companies that sign such forms without careful thought, because nondisclosure/confidentiality agreements forbid use or disclosure of "confidential information" for only a limited period of time. Distributors are always trying to change the law so that their suppliers have to get a jury to decide that there is "good cause" before a change is made SEC: Section 302 Certification - Final Rules  Jan 01, 2003 30 Because Section 302 of the Act prescribes the form of certification that we are to adopt, the new rules do not reflect many of the comments and suggestions that we received on the June Proposals. Because of the broad scope of Section 302 of the Act, the new rules are applicable to all types of issuers that file reports under Section 13(a) or 15(d) of the Exchange Act, including foreign private issuers, banks and savings associations, issuers of asset-backed securities, small business issuers Morrison & Foerster: Federal Trade Commission Revises Merger Investigation P...  Dec 13, 2002 Morrison ter - Legal Update - Federal Trade Commission Revises Merger Investigation Process If you have any questions regarding the FTC’s Guidelines for Merger Investigations, please contact one of the following: W. Stephen Smith Jonathan S. Gowdy Bradley S. Lui Jeffrey A. Jaeckel Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Parties will Davis Wright Tremaine: Statement Required Upon Exercise of Qualified Stock Opt...  Dec 01, 2002 However, the corporation may request an extension of 30 days in which to furnish the statements for good cause shown. What should employers do Schwabe: The Intersection Of Federal ESA Regulations And State W...  Oct 01, 2002 If water is not fully developed during the initial permit phase, the water right holder may apply for an “extension” of the permit, upon a showing of good cause. Intersection of State and Federal LawWhether and to what extent ESA will cause a change in the way water is distributed under state water law is the hot topic in water law today Schwabe: Water Law Basics  Sep 01, 2002 Extensions of time may be granted upon a showing of “good cause.” The good cause determination is based on a number of factors, including past diligence of the permit holder. Until several years ago, permit extensions were routinely granted by the WRD, largely because there was little or no opposition to the extension requests Thelen Reid: Claim Cannot Be False When the Government Knows the Fac...  Aug 05, 2002 Section 12652 subdivision (e) (2) (A) requires "good cause" for dismissal. What may be "good cause" depends on circumstances Dechert: Courts Have Good Cause To Deny Nationwide Consumer Frau...  Aug 01, 2002 Dechert LLP : Events cations changeTitle(" : Lawyer Publications"); Events & Publications: Lawyer Publications changeTitle(" : Courts Have Good Cause To Deny Nationwide Consumer Fraud Class Actions"); Courts Have Good Cause To Deny Nationwide Consumer Fraud Class Actions by Ronni E. Fuchs Legal BackgrounderAugust 2002 More on: Mass Torts and Product Liability. 2004 Dechert LLPsitemapdisclaimer cy policy Cohen & Wolf: Have New Rules Changed The Boundaries of Discovery  Aug 01, 2002 Pitney Hardin: Transactions Alert: Changes to New Jersey Escheat Law  Jul 15, 2002 ...- Permits the administrator to grant extensions of time to file an unclaimed property report for "good cause" subject to interim payment. - Amends the requirement that the administrator give public notice by November 30 of the year after the delivery of such property to the administrator and limits the requirement to property valued at more than $100 Hodgson Russ: Elective Share of Surviving Spouse  Jul 09, 2002 An extension of time may be granted by the court upon a showing of good cause. Jodi R. Lustgarten is an attorney with the law firm of Hodgson Russ, LLP in Boca Raton Musick Peeler & Garrett: LIMITS ON USING SOCIAL SECURITY NUMBERS  Jul 08, 2002 ...shall not deny services to an individual because the individual makes [such] a written request. not a health care service plan or provider of health care,” and “upon a determination of good cause” by the California Director of the Department of Managed Health Care “grant extensions not to exceed six months for complance Thelen Reid: Required Dispute Resolution Is Expanded for Constructio...  Jul 08, 2002 Upon petition, the Superior Court may, upon a showing of good cause, order appointment of a referee to resolve disputes relating to depositions, subpenas, production of documents, inspection, testing, exchange of information and disagreements relative to time. The court also may hold a good faith settlement hearing pursuant to Code of Civil Procedure º877 Laughlin: Recent Administrative Director Decisions: Defining the ...  Jul 01, 2002 The claims administrator petitioned the Administrative Director's office to order applicant to select a new PTP because the original primary treating physician was "pawning him off on other doctors". The Administrative Director was not amused with this tactic as an attempt to render the insurance company's petition moot, and stated that there was good cause to grant a change of physician, based upon a clear showing that the PTP failed to submit timely or complete progress reports on two or more Weil: Delaware Court of Chancery Construes The "Fiduciar...  Jul 01, 2002 1 But because the privilege has the effect of withholding relevant information from the fact-finder, it applies only where necessary to achieve its purpose 2 and courts have created exceptions to limit its reach. Generally, a party invoking this exception must establish a fiduciary relationship and good cause to override the privilege Ober Kaler: Qui Tam Hostages: Set My Provider Free  Jul 01, 2002 Morgan Lewis: Morgan Lewis on Competition  May 31, 2002 IN THIS ISSUE EU ADOPTS NEW LENIENCY POLICY MORGAN LEWIS WINS DISMISSAL OF ANTITRUST LAWSUIT FOR BANK AUSTRIA FTC TAKES STRONG ACTION ON CONSUMER PROTECTION AND PRIVACYRELATED ISSUES TERMINATION OF A FRANCHISEE: DOES "GOOD CAUSE" MEAN "GOOD FAITH". LG moved to dismiss the counterclaims and strike the misuse defenses because they were conclusory in that they did not properly allege relevant market, market power or anticompetitive effects, allegations necessary to assert an antitrust claim Long & Levitt: Edward Almada v. Allstate Insurance Co.  May 20, 2002 Unambiguous at-will statement in employment agreements and employee manuals preclude plaintiffs from establishing the existence of a promise not to terminate but for good cause. In a case that reiterates the value of clear and unambiguous "at-will" statements in offer letters and employee manuals, the Ninth Circuit Court of Appeals recently ruled that such statements precluded a plaintiff from establishing the existence of a contract not to terminate but for good cause Davis Wright Tremaine: New Washington Unemployment Insurance Regulations Affec...  Apr 01, 2002 Good Cause Disqualification The Employment Security Department's new section 192-150-060 clarifies existing law that an employee has good cause to leave if separation is for a disability-provided that employees exercise reasonable caution to preserve their employment before leaving. The new rule adds greater specificity to the reasonable precautions an employee must make, requiring an employee to: Notify Employer Of A Disability Before Leave: Employees leaving work because of a disability must Cohen & Wolf: Implementing the Most Recent Federal Rules Changes:  Apr 01, 2002 Fried Frank: OMB Circular A-76 Update -- GAO Sustains One A-76 Prote...  Dec 31, 2001 In addition, the GAO refused to consider one protest ground because the protester could have raised it in its A-76 administrative appeal but failed to do so. Although there is no statutory or regulatory requirement that an offeror exhaust agency-level remedies before protesting to the GAO, the GAO has adopted a policy of requiring such exhaustion unless good cause is shown Thelen Reid: Energy Notes - Winter 2001  Dec 01, 2001 Everyone from political leaders to late night talk show hosts has an opinion about the cause or the cure of California's energy problems. In particular, the hydro component is more reliable because of the dependable output of the Niagara Falls and St Lawrence projects, which stands in sharp contrast to California's scattered and drought prone system Morgan Lewis: The California Supreme Court Extends the String of Gain...  Nov 01, 2001 The California Supreme Court handed employers a significant victory on October 5, 2000 in Guz v. Bechtel National, Inc. First, the court somewhat limited the ability of terminated employees to reach a jury on a claim of breach of an implied contract to terminate only for good cause. Guz sued, alleging age discrimination and breaches of (1) an implied contract that his employment would be terminated only for good cause, and (2) an implied covenant of good faith and fair dealing Fried Frank: GAO Stops Accepting Bid Protest Filings Delivered by US...  Oct 31, 2001 GAO expects "little disruption" from the new, temporary procedures because "a substantial majority" of protests over the last several years have involved faxed filings, Gordon said in a telephone interview with THE GOVERNMENT CONTRACTOR. He observed that no disruptions have. "Where the new limitations on delivery cause late delivery of documents, our Office will take that into account and will endeavor to accommodate the circumstances of all protest parties," GAO's e-mail notice advised McDermott: Civil Rules Advisory Committee Publishes Proposed Amend...  Sep 01, 2001 Timing and Notice of Class Certification Decisions Current Rule 23(c)(1) requires courts to make class certification decisions "as soon as practicable." This provision has been criticized because it places pressure on judges to decide class certification motions before they have sufficient information needed to make sound decisions. One version requires that the notice to class members state terms on which individual class members can opt out unless the court, for good cause, refuses to allow McDermott: Civil Rules Advisory Committee Publishes Proposed Amend...  Sep 01, 2001 Timing and Notice of Class Certification Decisions Current Rule 23(c)(1) requires courts to make class certification decisions "as soon as practicable." This provision has been criticized because it places pressure on judges to decide class certification motions before they have sufficient information needed to make sound decisions. One version requires that the notice to class members state terms on which individual class members can opt out unless the court, for good cause, refuses to allow Morgan Lewis: Novel Scientific Evidence in New York State Courts: Fry...  Jul 18, 2001 1923), the Court held that a lie detector test was inadmissible because the theory on which the test was based, i.e., that truth is spontaneous but lying involves calculation which affects the subjects blood pressure, was not "generally accepted" within the scientific community. c. In a concurring opinion, Chief Judge Kaye set forth the rationale for maintaining the Frye standard: It is not for a court to take pioneering risks on promising new scientific techniques, because premature admission Foley Lardner: EPA Ignores Court Mandates to Revoke Unlawfully Issued ...  Jun 15, 2001 The D.C. Circuit -- which has exclusive jurisdiction to review most significant EPA actions -- had vacated documents the EPA had released as informal "guidance" because the guidance should have been issued as a rule. As manystateshave statutes prohibiting state agencies from adopting regulations more stringent than federal rules, this can cause all sorts of practical and legal complications at the state level Morgan Lewis: California Court Holds Arbitration Clause Unconscionabl...  Jun 01, 2001 The Bolter plaintiffs sued their franchisor in California state court, asserting multiple breaches of contract and violations of the implied covenant of good faith and fair dealing. even though every other circuit previously considering the question had held that the exclusion covered only employees engaged in the interstate transport of goods Stoel Rives: Labor and Employment Law Alert  Jun 01, 2001 Oregon Supreme Court Holds That Employer May Waive At-Will Provision by Acting as if Cause Was Required. In a decision that is likely to prompt a new wave of breach-of-implied-employment-contract claims in Oregon, the Oregon Supreme Court ruled that an employer may be held to have modified express at-will language in an employment contract and to have created a "good cause" standard for termination by using progressive discipline and other standard human resources practices Weil: Additional Recent Decisions of Note  Jun 01, 2001 The court stated that a stockholder litigating against his or her corporation may be entitled to discover attorney-client privileged or attorney-work product privileged documents in the possession of the corporation or its counsel where good cause is shown. The court also stated that under the standard for good cause established in Garner v. Wolfinbarger, 430 F.2d 1093 (5th Cir Strasburger: Bankruptcy Court Denies Request to Enforce Arbitration ...  May 01, 2001 It is hard to imagine that this type of decision would not cause literally every franchisee that is threatened with termination for good cause to consider running to bankruptcy court when the franchise agreement contains an arbitration provision they do not want enforced. In Other News Susan Vincent will be a featured speaker at the IFA 34th Annual Legal Symposium in Washington D.C., May 6-8 Best Best & Krieger: Labor and Employment Update  Apr 01, 2001 Steps must be taken by employers not only to prevent and eliminate harassment in the workplace, but also to prevent retaliation against those who complain of harassment because these acts by non-supervisory co-workers may now be alleged as an independent source of liability against the company or public entity. Prevention can be accomplished by ensuring that sexual harassment training for employees incorporates specific admonitions against retaliation and explicit policies that indicate Akin Gump: Limiting Discovery of Consensual Sexual or Romantic Rel...  Apr 01, 2001 Ultimately, the testimony may well be inadmissible in the litigation because of any number of evidentiary barriers. Relevance Under Rule 401 Every federal circuit court of appeals that has considered this issue has held that evidence of consensual sexual relationships does not demonstrate or suggest discrimination because neither consensual workplace liaisons nor any preferential treatment Shaw Pittman: You Can't Fight the System New Federal Rules Affe...  Mar 01, 2001 Only for good cause demonstrated to the court might discovery be more broadly extended to general matters related to the subject matter of the case. For example, an insurer seeking to demonstrate the expectation or intent of a corporation regarding the damage it caused, or seeking to establish a rescission argument, may have a difficult time prevailing without a significant number of lengthy depositions Morgan Lewis: Defending Wrongful Discharge Claims  Feb 01, 2001 Breach of Implied-in-Fact Contract to Terminate for Good Cause Only To overcome the at-will presumption, and to sustain a cause of action for breach of an. implied-in-fact contract to terminate for cause only, the plaintiff must prove by a preponderance of the evidence, the following elements Morgan Lewis: Employment-At-Will Doctrine  Feb 01, 2001 Three main theories have been developed upon which a finding of wrongful discharge may be based: (1) violation of law or public policy; (2) breach of an implied-in-fact contract; and (3) breach of the implied-in-law covenant of good faith and fair dealing. " Id. at 160. The Court reasoned that an employee who suffers a disabling physical injury for which a remedy was available in workers' compensation cannot avoid the exclusive Thelen Reid & Priest: Dergulation in New York and California: A Study in Cont...  Jan 01, 2001 Everyone from political leaders to late night talk show hosts has an opinion about the cause or the cure of California's energy problems. In particular, the hydro component is more reliable because of the dependable output of the Niagara Falls and St Lawrence projects, which stands in sharp contrast to California's scattered and drought prone system Thelen Reid & Priest: HSR Act Amendments Bring Regulatory Relief for Power Ac...  Jan 01, 2001 Everyone from political leaders to late night talk show hosts has an opinion about the cause or the cure of California's energy problems. In particular, the hydro component is more reliable because of the dependable output of the Niagara Falls and St Lawrence projects, which stands in sharp contrast to California's scattered and drought prone system Thelen Reid & Priest: Leases Increasingly Used As a Financing Tool for Power ...  Jan 01, 2001 Everyone from political leaders to late night talk show hosts has an opinion about the cause or the cure of California's energy problems. In particular, the hydro component is more reliable because of the dependable output of the Niagara Falls and St Lawrence projects, which stands in sharp contrast to California's scattered and drought prone system Honigman: Environmental Contractor Penalized At Trial For Failure...  Dec 01, 2000 Later, the trial court entered another default judgment against Boerman because he refused to participate in discovery as required under the Michigan Court Rules and, specifically, because he refused to appear for a court-ordered deposition in response to KOC’s motion for an order compelling discovery. The trial court entered a default against Boerman as punishment for discovery abuses, that is, because he failed to comply with the rules of discovery and because he failed to comply with court Thelen Reid: Bechtel Wins Major Employment Law Decision Before Calif...  Nov 13, 2000 In October 1994, Guz filed suit in California state court, alleging breach of an implied employment contract to be terminated only for good cause, breach of an implied covenant of good faith and fair dealing, and age discrimination under the California Fair Employment and Housing Act ("FEHA"). The divided appellate panel also held that a triable issue existed on the age discrimination claim because Guz had presented evidence questioning the legitimacy of the reason for his discharge Garvey Schubert Barer: The New Rule 26: Oregon Joins the Ranks of Initial Disc...  Nov 01, 2000 The Local Rules Advisory Committee recommended opposition to the new amendments, noting that the 1993 amendments were passed only because Congress ran out of time to reject them. " As the Committee Note acknowledges, this distinction will depend on the facts of the case and cannot be drawn with any precision. Id. at 127. Generally, the court will determine whether there is "good cause" for ordering broader discovery, based on the circumstances of the case. Id. The rule change signals to the Thelen Reid: Major Employment Law Decision for Long-Time Thelen Reid...  Oct 25, 2000 In October 1994, Guz filed suit in California state court, alleging breach of an implied employment contract to be terminated only for good cause, breach of an implied covenant of good faith and fair dealing, and age discrimination under the California Fair Employment and Housing Act ("FEHA"). The divided appellate panel also held that a triable issue existed on the age discrimination claim because Guz had presented evidence questioning the legitimacy of the reason for his discharge Hill Farrer & Burrill: Supreme Court redjects wrongful termination claimes  Oct 01, 2000 Dickstein Shapiro: OIG Urges Caution on Private Pay Discounting Arrangemen...  Jul 01, 2000 Unless HHS can determine "good cause" for the charge differential, a provider or supplier offering such discounts may be excluded. The OIG also indicated that ambulance companies establishing tiered pricing structures and discounting close to half of their non-federal program business may be excluded from Medicare or Medicaid, unless "good cause" for such discounts can be shown Piper Rudnick: FranCast: Iowa Reforms Franchise Relationship Law  May 01, 2000 Ballard Spahr: National Whistleblower Center v. NRC  Apr 01, 2000 " 63 Fed. Reg. 41872, 41873 (1998). Prior to this NRC statement, the longstanding rule in 10 C.F.R. 2.711(a) had been that extensions of time would be granted for "good cause". Good cause had never been defined but had been the subject of NRC discussions in other proceedings. A few days after issuance of the policy statement and following close of the intervention period, the National Whistleblower Center ("Center") filed a petition to intervene in the Calvert Cliffs license renewal proceeding. Crowell & Moring: EPA's Administrative Enforcement: Where The Action...  Apr 01, 2000 Because this is where so much of the enforcement action is today, it is important for businesses that are subject to environmental regulation under any of EPA's numerous statutes to have at least a basic understanding of how these enforcement cases are handled. Thus, even for those of us who have been handling these cases for over a decade, this is a good time to take a fresh look both at how EPA prosecutes these cases, and the important things to keep in mind in defending them Sedgwick: Are "At-will" Physicians Under Managed Care C...  Feb 09, 2000 Approximately one year later, after repeated requests, Potvin learned that he was dismissed because of four earlier medical malpractice claims against him, three of which had been dropped and one case settled for $50,000 without any admission of liability. California courts have noted that "[t]he common law right to fair procedures has recently been held to extend to health care providers’ membership in provider networks . . . because managed care providers control substantial economic Sidley Austin: Employers Group Newsletter November-December 1999  Dec 01, 1999 Some of the more precedent setting cases include: Foley v. Interactive Data (Supreme Court holds that most wrongful discharge cases do not give rise to punitive and emotional distress damages); Cotran v. Rollins Hudig Hall (Supreme Court holds that an employer need only have a good faith belief that good cause existed to terminate the plaintiff, actual good cause not required); Reno v. Baird (Supreme Court rules that supervisors generally are not liable under FEHA for acts of discrimination). Weil: Privilege Where Counsel Wears Multiple Hats  Jul 01, 1999 The decision also illustrates the interaction of the attorney-client privilege in this context with case law that under certain circumstances permits a shareholder plaintiff to pierce the attorney-client privilege upon a showing of good cause. These communications, the court held, were not protected by the attorney-client privilege because Mr. DeLiso was not acting in his capacity as an attorney Jenner & Block: Partner Craig C. Martin co-authored "The Fiduciary...  Apr 01, 1999 Many courts have emphasized that because the attorney-client privilege limits the general principle of full disclosure to judicial inquiry, the privilege is to be construed narrowly and its application limited to situations where it is deemed necessary to encourage clients to consult with counsel. 25 The Supreme Court has, however, rejected the argument that privilege should not be applied to corporations because the risk of civil or criminal liability itself gives sufficient incentive to seek Epstein Becker & Green: Michelson v. Digital Financial Services  Feb 16, 1999 On appeal, we were able to successfully argue that DFS did not breach a contractual commitment because Michelson failed to prove that he earned any of the compensation sought. Before the Court is plaintiff-appellant Bruce Michelson's appeal of the district court s entry of summary judgment against his five causes of action arising out of his five-month employment at defendant-appellee Digital Financial Services ("DFS") Piper Rudnick: FranCast: Court Exports Connecticut''s "...  Feb 01, 1999 Pillsbury Winthrop: Trademark Trial and Appeal Board Gets Though on Deadlin...  Feb 01, 1999 The board allowed that, "ordinarily the death of plaintiff's counsel would constitute good and sufficient cause [to reopen], provided, however, that the death occurred at a time relatively contemporaneous with the opening and closing of the plaintiff's testimony period." In sum, death of counsel per se does not excuse or explain failure to follow the board's schedules. For example, "unfamiliarity with or misinterpretation of the pertinent procedural or substantive law does not constitute good Finnegan Henderson: Federal Circuit Newsletter  Jan 01, 1999 DISCLAIMED CLAIMS NOT PART OF "ORIGINAL PATENT" FOR REISSUE PURPOSES In case of first impression, Court rules that because disclaimer is effective back to original patent issue date, reissue claims filed after two-year broadening period cannot be broader than claims remaining after disclaimer. INTERFERENCE CONTINUES DESPITE COMMON OWNERSHIP OF TWO APPLICATIONS IN THREE-WAY PROCEEDING Interference board shows good cause to continue interference involving an issued patent and two commonly owned Venable: "Recent Developments In Patent Litigation In The E...  Jan 01, 1999 First, while the compressed schedule may cause some high monthly bills, experience teaches that overall litigation costs are lower than cases that take three to five years to resolve. This is due to Northern Virginia's technology based economy and because many companies maintain offices in the Alexandria/Fairfax/Crystal City area to serve the government, thus establishing local venue Hill Farrer & Burrill: Supreme Court Upholds Firing Of Alleged Sexual Harasser...  Dec 01, 1998 The manager in that case sued for wrongful termination based on the breach of an implied contract requiring good cause for termination. The manager further contended that the accusers made the allegations against him because they were jilted lovers who were using the accusations as a means of obtaining pay increases Weil: Use Of Books And Records Actions As A Prelude To Shareh...  Nov 01, 1998 ...because they are not entitled to discovery before pleading, stockholders in fact have many avenues available to obtain information bearing on the subject of their claims. 14 The court in Security First emphasized, however, that a proper balance must be struck with respect to stockholder requests to inspect corporate books and records because it would invite mischief to open corporate management to indiscriminate fishing expeditions Weil: Second Circuit Explains Requirements For Recoupment and...  Nov 01, 1998 The importance of this right is amplified in cases where distributions to creditors provide less than full payment on account of their claims because any debts that are not subject to setoff or recoupment will be paid in discounted bankruptcy dollars. Recoupment is a reduction of one party s claim because the other party holds a countervailing claim that arose out of the same transaction or set of transactions Testa: Your Patent Application Has Been Allowed - Now What?  Oct 01, 1998 Failure to pay will result in the loss of rights under the patent; however, a petition may be filed to reinstate a patent with a showing of good cause why the fee was not paid timely. Other defects of a minor nature can be corrected with approval of the Commissioner of Patents and Trademarks with a showing that the error occurred in good faith; however, such defects cannot alter the scope or meaning of the patent Winston & Strawn:         08/01/9...  Aug 01, 1998 Bell: Hidden Franchises  Aug 01, 1998 The Court observed that the IFDA broadly "protect[s] a wide class of dealers, distributors, and other franchisees from specified acts, such as terminations of their distributorships (franchises) for anything less than good cause. " Id. Any good or service that a distributor is required to purchase from a supplier may constitute an indirect franchise fee under many of these laws (with limited exceptions, such as purchases of goods for resale), and distributors are becoming increasingly inventive Bell: Hidden Franchises  Aug 01, 1998 The Court observed that the IFDA broadly "protect[s] a wide class of dealers, distributors, and other franchisees from specified acts, such as terminations of their distributorships (franchises) for anything less than good cause. " Id. Any good or service that a distributor is required to purchase from a supplier may constitute an indirect franchise fee under many of these laws (with limited exceptions, such as purchases of goods for resale), and distributors are becoming increasingly inventive Weil: Employer Liability Based Upon Employee Handbooks  Jul 01, 1998 Some months later, however, he received a TCZB employee handbook that included a statement providing that employees of the bank would be disciplined only for just and good cause. Marfia sued TCZB and prevailed at trial before a jury on his claim that the bank had discharged him on the basis of unsubstantiated charges and, in so doing, had breached an implied employment contract based upon the employee handbook under which he could be dismissed only for cause Littler Mendelson: California's New Employee Registry Program Expande...  Jul 01, 1998 Children of child support debtors often become welfare recipients because a parent fails to provide required financial support. For each failure to report a newly hired or rehired employee, unless the failure is due to good cause, the EDD may assess a penalty of $24 Ober Kaler: OIG Issues Seven New Advisory Opinions  Jul 01, 1998 Oblon Spivak: Is the Declaration of an Interference a Ticket to Ride ...  Jul 01, 1998 "[20],[21] However, the party Green et al. did not file a 37 CFR 1.635 motion for leave to file a belated 37 CFR 1.633(a)/35 USC 102(f) motion for a judgment that the party Schulze et al. s claims designated as corresponding to the count were unpatentable because it had its inventorship wrong. The party Schulze et al. opposed the party Green et al. s motion for a testimony period on the issue of inventorship. The administrative patent judge dismissed the party Schulze et al. s 37 CFR 1.634 Jeffer Mangels Butler: Labor and Employment Alert  Apr 01, 1998 Termination for "Good Cause." Employers recently received a favorable decision from the California Supreme Court in setting aside a $1. It only needed to demonstrate that at the time of the termination, based on a thorough investigation, the employer acted in good faith and had reasonable grounds for believing the employee's misconduct Ober Kaler: Changes in Maryland for Disclosing Medical Records  Apr 01, 1998 Foley Lardner: California Supreme Court Decision OffersProtection To E...  Feb 23, 1998 Ober Kaler: Employers' Guide To Health Care Reform Compliance  Oct 01, 1997 Hill Farrer & Burrill: Manager Properly Fired For Sexual Harassment  Apr 01, 1997 The Court reasoned that employers must be given wide latitude to use their own independent judgment in matters concerning high level employees, and that the determination of whether good cause exists should be evaluated on whether the employer reasonably and in good faith believes that the acts giving rise to the termination actually occurred. The case is significant because it will enable employers to more easily defend wrongful termination claims brought by alleged sexual harassers when the Thelen Reid: Recent Developments Affecting Employment Litigation  Sep 04, 1996 The plaintiffs alleged that Hughes terminated or constructively discharged employees over the age of 40 without good cause in violation of the FEHA (California Government Code section 12900 et seq. Because discrimination claims arise out of the performance of "necessary personnel management duties," the Janken court determined that it was not the intent of the Legislature to place individual supervisory employees at risk of personal liability for personnel management decisions later considered Thelen Reid: Recent Decisions Governing "Wrongful Demotion"...  Dec 22, 1995 Thelen Reid & Priest: Articles & Legal Updates Thelen Reid Report No. 353 Recent Decisions Governing "Wrongful Demotion" and Sexual Harassment Cause Concern for EmployersDecember 22, 1995 Recently, the California Supreme Court and the United States Court of Appeals for the Ninth Circuit issued rulings adverse to employers which may significantly impact future employment practices and policies on demotion issues, and litigation strategy in sexual harassment cases. In a highly-publicized decision Thelen Reid: "Recent Decisions Governing ""Wrongful D...  Dec 22, 1995 Recent Decisions Governing "Wrongful Demotion" and Sexual Harassment Cause Concern for Employers Economic Loss Rule InapplicableEngineer Held Liable to Subcontractor for Defects in Plans, Specifications, Inspections Unjust EnrichmentConstruction Lender Required to Pay Contractor for Value of Work Performed after Halting Funding Without Telling the Contractor Private FundingN.Y. Governor Signs Lien Law Amendment Protecting Contractors and Subcontractors on Public Projects Modernized But Laughlin: Court of Appeal to Decide Finality of RU-107's  Oct 01, 1995 The Rehabilitation Unit denied his Petition for failure to show good cause. Defendants countered that the Declination was not a prohibited settlement of future benefits and that he had not shown good cause to reopen Laughlin: The Effect of the 1993 Reform Act On Medical Treatment ...  Oct 01, 1994 This time period can be extended by agreement or good cause. Applicant's attorneys will surely argue that defendants are not entitled to an AME or QME if objections are untimely Oblon Spivak: A Critique Of Recent Opinions Of The Federal Circuit In...  Jun 01, 1993 " II. Substantive Interference Law A. Evidence Required to Prove an Actual Reduction to Practice How good is good enough is the usual question when evaluating a proffered actual reduction to practice. While every such case is fact-intensive, DSL Dynamic Sciences Ltd. v. Union Switch l, Inc., 928 F.2d 1122, 18 USPQ2d 1152 (Fed. Cir. 1991) (opinion delivered by Circuit Judge Rich for a panel that also consisted of Circuit Judges Plager and Clevenger), is a striking illustration of the maxim that Oblon Spivak: A Critique Of Recent Opinions Of The Federal Circuit In...  Jun 01, 1991 " If the 37 CFR 1.610 EIC's decision on a 37 CFR 1.633 motion does not result in the issuance of an order to show cause, a party unhappy with that decision has fourteen days to "file a request for reconsideration. 608(b) because counsel for the Party Hahn did not fully appreciate the kind of corroboration required to demonstrate a prima facie case for a complete reduction to practice before the filing date of the Party Wong," 892 F.2d at 1031, 13 USPQ2d at 1316, and it continued in a similar Update for the Week of May 19   %202003.pdf   Bad Medicine   RUTAN & TUCKER   Rejecting Guz's claim, the California Supreme Court held that where an employer has an express policy of at will employment, an employee may not generally claim he or she had an implied contract not to terminate except for good cause. The Court's holding also rejected the notion that an implied covenant of good faith and fair dealing precluded Bechtel from terminating Guz's employment because Bechtel arguably failed to follow its own termination policies Update for the Week of January 17   Defense Study Backs Fixed-Price Contracts   The 2003 Medicare Prescription Drug   Proposed Definition of Usual Charge Under the OIG plan, the usual charge would include: Full amounts billed to cash paying patients, provided the provider makes a good faith effort to collect the full amount (if provider routinely fails to collect the 20 percent co-pay, then 80 percent is used to determine the charge); Amounts billed to patients covered by indemnity insurers (or amounts billed directly to third-party payors) with which provider has no contractual arrangement; Amounts for which California Litigation Alert - July 30   ...charts, diagrams, or compilations of other records -- could be discovered upon a showing of "good cause," according to the Court of Appeal. Because the work-product privilege is statutory, the Supreme Court held that its provisions do not control the application of Section 1119 in the absence of some indication from the Legislature that such work-product provisions should apply The Law and Practice Under 35 USC 135(c)   What reasons have been accepted or not accepted as constituting “good cause” within the meaning of the second sentence of the first paragraph of 35 USC 135(c) for someone other than a “Government agenc[y]” to obtain access to a copy of a 35 USC 135(c)  agreement “kept separate from the file of the interference” pursuant to the written request of the party that filed the copy. What reasons have been accepted or not accepted as constituting “good cause” within the meaning of the fourth sentence of %20Reorganizing%20in%20Fishbowl.pdf   Rus   Goodrich tendered the claim to their carrier who took the position that there was only one policy that covered the acts with a one million dollar diminishing limit. Except for Daff's action all other claims against Goodrich related to Hill Williams were resolved within policy limits Bulletin 01-01   The court, however, retains authority to order discovery of any matter relevant to the subject matter involved in the action for "good cause shown." It remains to be seen how this amendment will impact pleading strategy. Moreover, because litigants are able to move the court for more discovery "relevant to the subject matter" of the litigation, it is difficult to see how the changes will reduce costs and increase efficiency Bulletin 01-32   Companies relied on standard confidentiality terms combined with the good faith of the other party to protect their confidential information. Unlike the similar Federal Civil Procedure Rule 26(c)(7), the movant does not have to show "good cause" for the requested protection Winter 2004; Volume 6   That is because the physician fee schedule is independently developed and updated annually by CMS based on actual service delivery costs, and is subject to strict statutory direction and public notice and comment. The ratings are not a warranty, given the volatility of the financial markets, although they will give you a good measure of where the company stands Franchisors and the Emergence of Large   Because multiunit franchisees have proven management skills and an established track record, they require less training and have lower start-up risks than new, single-unit owners. Multiunit franchisees may demand preferential treatment from the franchisor, including such perks as lower prices on goods, better discounts for higher volumes of orders, and enhanced access to goods and supplies Franchisors and the Emergence of Large   Because multiunit franchisees have proven management skills and an established track record, they require less training and have lower start-up risks than new, single-unit owners. Multiunit franchisees may demand preferential treatment from the franchisor, including such perks as lower prices on goods, better discounts for higher volumes of orders, and enhanced access to goods and supplies BrandTalk Volume 5   The National Franchise Council recently filed its amicus curiae brief arguing that forum selection clauses must be upheld because: (1) such clauses promote predictability and prevent unnecessary wasting of resources; (2) mandatory disclosure obviates any claim of surprise or unfairness; (3) the United States Supreme Court has favored forum selection clauses; and (4) any economic disparity between franchisors and franchisees does not merit judicial intervention. This provision is one of the most Employment and Labor Newsletter   BrandTalk Volume 4   The Court of Appeals reasoned that because Kirby required in-home demonstrations, it exercised sufficient control over the sale of its products to end-users to justify imposing a duty of reasonable care in selecting the persons who performed the demonstrations, even though the selection of dealers was the sole responsibility of Kirby's distributors (third party contractors who actually recruited the in-home dealers). Because the Robertson's refused to close the restaurant and continued using 11-01-00: If It's Done Right   In Guz v. Bechtel National, Inc., the Court held that simply because Guz was a long term employee with satisfactory performance reviews, he was still an at will employee. During his 22 years of employment Guz received steady raises and promotions and in general his performance reviews were good : %202003.pdf   : Which Is Better   IY BARRY O. SHER Opinions vary widely among lawyers and yOU CAN PUT old wine in new bat- on one or two memorable experiences -ties, but of course such wine is good or bad m that may not be particularbusiness people, and views may be based. Moreover, because the Akin Gump: Recent Favorable Caselaw Regarding Medicare Outlier Pay...   Because we will be meeting with the Government attorneys within the coming weeks to discuss remedies, we expect to have more information on that topic shortly. e., 180 days from the notice of program reimbursement), it might be possible to file a late appeal within the 3-year reopening period based upon good cause for late filing Akin Gump: FTC Announces Important Procedural Changes to Merger Re...   Commission rules provide that witnesses in pre-merger depositions (called "investigational hearings") are allowed to have copies of their deposition transcripts, absent a showing of "good cause." Prior staff practice often was to ignore the Commission rule and assume without basis that good cause existed in any merger investigation. Now any decision that good cause for withholding exists must come from the director of the Bureau of Competition Ballard Spahr: Dual Distribution Systems ? The Impact 0f The New Jerse...   Under the Act, a manufacturer must have “good cause” for terminating or not renewing a franchise. Good cause” is limited to the distributor’s failure to substantially comply with the requirements imposed by the franchise Briggs & Morgan: OIG Proposes to Clarify Exclusion for Charges Substanti...   Briggs & Morgan: Briggs Practical Health Law Jan/Feb 2004   What you need to know about doctor recruitment Should you "waive" goodbye to patient copayments. The hospital informally responds THH has responded in the press that community need supported the arrangements because the town where the hospital is located is in a medically underserved area with a severe doctor shortage Brown McCarroll: New Discovery Rules - Part 2   Every subpoena must be issued in the name of "The State of Texas" and must: (a) state the style of the suit and its cause number; (b) state the court in which the suit is pending; (c) state the date on which the subpoena is issued; (d) identify the person to whom the subpoena is directed; (e) state the time, place, and nature of the action required by the person to whom the subpoena is directed, as provided in Rule 176. Leave may be granted only if good cause for filing the pleading outweighs Cooley Godward: Courts Should Craft Wrongful Demotion Standards   15, 1995), the California Supreme Court established the state as the only U.S. jurisdiction to recognize an employee’s cause of action for wrongful demotion. 5 million for two long-term PGoyees, on the theory that PGbreached an implied-in-fact contract to demote them only for good cause Cooley Godward: Immigration Alert: NSEERS Re-Registration Requirements ...   Furthermore, a foreign national who has been registered and who makes frequent trips to the United States may be exempted from future POE registrations upon a showing of "good cause, exigent or unusual circumstances." The application for this exemption is made to the CBP field office director over the port through which the foreign national most frequently arrives in the United States. The decision to suspend the re-registration requirement was made after review of the NSEERS program by the Cooley Godward: Sexual Harassment???Employer???s Liability for Supervis...   Cooley Godward: Sexual Harassment???Employer???s Liability for Supervis...   Curtis Mallet-Prevost: U.S./Cuban Economic Sanctions - Developments   In that regard, in any action brought under the Libertad Act by a U.S. national who was eligible to file the underlying claim with the U.S. Foreign Claims Settlement Commission but did not do so, a court may hear the case only if it determines that the U.S. national had good cause for not filing the claim. In the case of any action brought by a U.S. national whose claim was filed on a timely basis with the FCSC but was denied, the court may assess the basis for denial and may accept the findings Dinsmore & Shohl: Manufacturer?s Beware - The Accidental Franchise   Illinois law defines a franchise fee as any payment in excess of $500 which a franchisee must pay the franchisor (or its affiliate) for the right to enter into a business or to sell, resell or distribute goods or services, unless specifically excluded. Federal law and the states that regulate the sale of franchises define a franchisee fee in substantially the same way Frost Brown Todd: Ohio''s New Design-Build And Seal Law   Frost Brown Todd: How to Terminate Dealers Safely   Gray Harris: Credentialing and Competition May Be an Unlawful Mix   Moreover, "exclusive contracting" and subsequent department closures by hospitals have generally been upheld because this type of medical staff credentialing arguably promotes quality of care along with financial well-being. (emphasis added) *** (5) The governing body of any licensed facility, is authorized to suspend, deny, revoke, or curtail the staff privileges of any staff member for good cause Hayboo: ENVIRONMENTAL TIP #21 - "Good Cause?"   Haynes Boone | KnowledgeConnect | ENVIRONMENTAL TIP #21 - "Good Cause?" 3) { window. visibility = "visible"; } } //-- PublicationHot TopicsPublicationsFirm SeminarsENVIRONMENTAL TIP #21 - "Good Cause?" Related Practice GroupsEnvironmentalFactsIn a toxic tort case, plaintiffs allege their inhalation of ethyl mermane, a chemical emitted by the chemical plant of defendant, Show Business Chemicals ("SBC"), caused them to incur a variety of illnesses Hinshaw & Culbertson: Moonlighting lawyers may face discipline and civil liab...   Employers will be pleased to learn of two recent out-of-state decisions that should give any associate good cause to think twice about accepting secret, unauthorized legal employment. One involves professional discipline and the other civil liability for damages caused to the employer Hinshaw & Culbertson: Breaking Away: Avoiding Malpractice When the Attorney-C...   It follows that a client may terminate his attorney at will, and with or without cause. Interestingly, the client's right to discharge his attorney at will is a term of the contract implied by law because of the special relationship between the attorney and the client Honigman Miller: Court of Appeals: Past Landfill Owner Liable Even if No...   Hirs and Waterford Sanitary Landfill appealed the trial court's judgment to the Michigan Court of Appeals, arguing that they were denied due process of law because they were not given notice of the trial date. The Court of Appeals then considered whether the lack of notice was sufficient cause to "set aside" the trial court's default judgment under the circumstances Lowenstein Sandler: "There's No Substitute for a "Positive&#...   ...that action and afforded a hearing (except Another important initiative, which was where disqualification is based on suspension enacted and goes into effect on April 17, or debarment by a State agency) where the 2000, encompasses extensive amendments to contractor "shall show cause" why it should the Local Public Contracts Law, the statute not be barred from contract award. governing all types of procurement by local According to the new section, "if the govand county contracting entities. Parsons Behle & Latimer: Beware A Nonimmigrant Overstays and Entrants Without In...   The INS recognizes, however, that the I-94 departure forms are often unrecorded because they were not turned in, not collected, not given by the airline to the INS, or lost by the INS. Moreover, land border posts frequently lack the ability to transfer the collected I-94s to the INS. 2. 12 The battered spouses under these provisions are those who are married to U.S. citizens and permanent residents, who entered into the marriage in good faith, but have suffered battery or extreme cruelty from Riker Danzig: 6/04 Custody Mediation In Court   The party petitioning for removal must make a showing of good cause as to why the case should be removed from mediation. The Mediation Process Parties whose cases are referred to mediation must attend a mediation orientation program and may also be required to attend an initial mediation session Riker Danzig: 12/03 Relocation Out Of State With A Child During Or A...   A court must first determine whether the request to relocate is made in good faith and for good cause, rather than intended solely to frustrate the parental rights of the other parent. If the parent seeking to move can meet this initial burden, then, in order to prevent the relocation, the parent opposing the move must prove the second prong of the test, namely, that the move would be inimical to the child’s best interest, i.e., would cause detriment to the child Stroock: Management's Report on Internal Control over Finan...   We believe that the extension will benefit investors because this will help ensure that appropriate controls are in place for the first reporting process. We also, for good cause, find that, based on the reasons cited above, notice and solicitation of comment regarding extension of the compliance dates is impracticable, unnecessary, and contrary to the public interest Weil: Eroding The Corporate Attorney-Client Privilege: Court ...   The RMED court relied on Garner v. Wolfinbarger,2 in which the Court of Appeals for the Fifth Circuit held that because when all is said and done management does not manage for itself a derivative plaintiff can override the corporate defendant s claim of privilege based on a showing of good cause. Garner v. Wolfinbarger In 1970, the Court of Appeals for the Fifth Circuit in Garner, relying on English trust law principles,4 held that upon a showing of good cause, shareholders suing derivatively Weil: SDNY Holds That Wells Submissions to the SEC are Discov...   For good cause, the court may order discovery of any matter relevant to the subject matter involved in the action. Relevant information need not be admissible at the trial if the discovery appears reasonably calculated to lead to the discovery of admissible evidence White & Case: SEC Final Rule: Certification of Disclosure in Companie...   30 Because Section 302 of the Act prescribes the form of certification that we are to adopt, the new rules do not reflect many of the comments and suggestions that we received on the June Proposals. Because of the broad scope of Section 302 of the Act, the new rules are applicable to all types of issuers that file reports under Section 13(a) or 15(d) of the Exchange Act, including foreign private issuers, banks and savings associations, issuers of asset-backed securities, small business issuers White and Williams: Legal Update   The Court found an undisputed relationship between asbestos-exposure sufficient to cause asbestosis and asbestos-related cancer. It believes an asbestosis sufferer would have good cause for increased apprehension about his vulnerability to another illness from his exposure White and Williams: Medical Negligence Damage Cap Defeated in Delaware - Co...   Delaware has long had a specific statutory requirement (with limited exceptions) that medical negligence cases be supported by expert testimony establishing a breach of the standard of care that caused injury to the patient. The new law seeks to address this problem by requiring the plaintiff to file with the Complaint an Affidavit signed by a competent expert stating that there are reasonable grounds to believe that each named defendant has committed medical negligence that caused injury to the White and Williams: U.S. Supreme Court Permits Recovery For Fear of Cancer   However, because it was decided under the Federal Employee Liability Act ("FELA"), it is altogether unclear whether Ayers will have any persuasive effect on non-FELA asbestos claims, such as those decided under Pennsylvania law. FELA Enacted in 1908, FELA makes common carrier railroads such as Norfolk & Western liable to its employees who suffer workrelated injuries caused in whole or in part by the railroad s negligence Wiley Rein & Fielding: FCC Proposes Sanctions For Failure To Meet DTV Buildout...   The letters warn licensees that if they do not construct by December 1, the FCC will impose a monetary fine and initiate a six month process, at the end of which, “absent good cause shown,” it will rescind the permit if construction is not complete. As grounds for the admonishment, many of the letters state that the licensee failed to specify a date by which construction would be completed or specified a date that it could not reasonably support, or failed to justify delays in ordering equipment Wiley Rein & Fielding: Virginia Court Requires Specific Performance Of A Teami...   In fact, the court went so far as to grant the subcontractor’s request for specific performance to enforce the agreement, holding that the prime contractor could not terminate the subcontract "except for good cause." The Parties’ Conduct Under the Teaming Agreement In 2000, EG&G Technical Services, Inc. (EG&G) and The Cube Corporation (Cube) entered into a teaming agreement to pursue jointly a contract for operations and management services at a NASA facility in Wallops Island, Virginia. Because RUTAN & TUCKER   Rejecting Guz's claim, the California Supreme Court held that where an employer has an express policy of at will employment, an employee may not generally claim he or she had an implied contract not to terminate except for good cause. The Court's holding also rejected the notion that an implied covenant of good faith and fair dealing precluded Bechtel from terminating Guz's employment because Bechtel arguably failed to follow its own termination policies Securities Law Alert - October 12   If, however, a company shows "good cause" (e. Even in those instances in which the SEC concludes that a company has not shown "good cause," the SEC will typically evaluate the Rule 14a-8 claims submitted in the company's request for no-action relief %202004_Corporate%20Finance%20Staff%20Narrows.pdf   The 2003 Medicare Prescription Drug   Proposed Definition of Usual Charge Under the OIG plan, the usual charge would include: Full amounts billed to cash paying patients, provided the provider makes a good faith effort to collect the full amount (if provider routinely fails to collect the 20 percent co-pay, then 80 percent is used to determine the charge); Amounts billed to patients covered by indemnity insurers (or amounts billed directly to third-party payors) with which provider has no contractual arrangement; Amounts for which Bulletin 01-01   The court, however, retains authority to order discovery of any matter relevant to the subject matter involved in the action for "good cause shown." It remains to be seen how this amendment will impact pleading strategy. Moreover, because litigants are able to move the court for more discovery "relevant to the subject matter" of the litigation, it is difficult to see how the changes will reduce costs and increase efficiency Bulletin 01-32   Companies relied on standard confidentiality terms combined with the good faith of the other party to protect their confidential information. Unlike the similar Federal Civil Procedure Rule 26(c)(7), the movant does not have to show "good cause" for the requested protection BrandTalk Volume 5   The National Franchise Council recently filed its amicus curiae brief arguing that forum selection clauses must be upheld because: (1) such clauses promote predictability and prevent unnecessary wasting of resources; (2) mandatory disclosure obviates any claim of surprise or unfairness; (3) the United States Supreme Court has favored forum selection clauses; and (4) any economic disparity between franchisors and franchisees does not merit judicial intervention. This provision is one of the most BrandTalk Volume 4   The Court of Appeals reasoned that because Kirby required in-home demonstrations, it exercised sufficient control over the sale of its products to end-users to justify imposing a duty of reasonable care in selecting the persons who performed the demonstrations, even though the selection of dealers was the sole responsibility of Kirby's distributors (third party contractors who actually recruited the in-home dealers). Because the Robertson's refused to close the restaurant and continued using %202004_OIG%20Releases%20Draft%20Supplemental%20Compliance%20Program.pdf   Ownership Reports and Trading by Officers   Because the Act does not change the due date for Form 3, situations may arise where a reporting person is required to file a Form 4 before the Form 3 is due. An insider may rely in good faith on the last plan statement in reporting holdings pursuant to 401(k) plans and other Rule 16b­3(c) exempt plans BrandTalk Volume 4   In granting Summary Judgment the District Court found that the FTC Rule applied extraterritorially because "Congress has the power to prevent unfair trade practices in foreign commerce by citizens of the United States, although some acts are done outside the territorial limits of the United States." The Eleventh Circuit noted that "for the [FTC Rule] to have extraterritorial application, Congress must have intended the FTC Act to apply extraterritorially." Recognizing a presumption against the Volume 7   As a result, many times, even with good cause, a franchisor can find itself arguably obligated to compensate the franchisee after termination or expiration. TRADEMARKS AND OTHER IP INTERESTS Given the high value placed on trademark rights in an international franchise transaction , it is good to be able to report continuous activity within the last 25 years supportive of a franchisor's right to obtain, retain and enforce trademark protection In_Sites   Neighborhood Residents Authorized To Inspect Passaic County Facilities by Gemma M. Lury On June 12, 1998 noxious fumes from the Heterene Chemical Company ("Heterene") facility in Paterson reportedly caused the evacuation of School 50 in Paterson and sent 53 children and five adults from that school to nearby hospitals. If they have "reasonable cause" to believe that a particular facility poses an actual or potential environmental and public health hazard, upon "adequate notice" (undefined) to August 7   This was introduced in response to the situation that allegedly occurred in Enron where several directors and officers sold Enron stock while the price was dropping and employees were prohibited from selling because of a company-imposed blackout period. Members may be removed from the Board by the SEC "for good cause" prior to expiration of the term of such member 01-01-00: Ip Update   The Federal Circuit noted that the doctrine of equivalents is limited by the principle that it cannot be applied to ensnare the prior art, because a patentee cannot obtain a scope of coverage under the doctrine of equivalents that it could not have obtained from the Patent and Trademark Office. The Federal Circuit, and the lower court, relied on the hypothetical claim analysis from Wilson Sporting Goods v. David Geoffrey & Assoc 01-01-00: Ip Update   The Federal Circuit noted that the doctrine of equivalents is limited by the principle that it cannot be applied to ensnare the prior art, because a patentee cannot obtain a scope of coverage under the doctrine of equivalents that it could not have obtained from the Patent and Trademark Office. The Federal Circuit, and the lower court, relied on the hypothetical claim analysis from Wilson Sporting Goods v. David Geoffrey & Assoc 05-01-04: IP Update   In a concurrence that featured a sua sponte analysis of º101, Judge Gajarsa concluded that, because the manufacture of PHC hemihydrate could be a natural physical process occurring under normal climactic conditions and with no human intervention, the claim at issue was invalid as directed to an unpatentable process of nature. The panel distinguished the Instuform and North American Vaccine cases, noting that in Instuform the term a cup was limited to a singular element because the claim and 11-01-00: If It's Done Right   In Guz v. Bechtel National, Inc., the Court held that simply because Guz was a long term employee with satisfactory performance reviews, he was still an at will employee. During his 22 years of employment Guz received steady raises and promotions and in general his performance reviews were good : Which Is Better   IY BARRY O. SHER Opinions vary widely among lawyers and yOU CAN PUT old wine in new bat- on one or two memorable experiences -ties, but of course such wine is good or bad m that may not be particularbusiness people, and views may be based. Moreover, because the : On July 1   The use of social security numbers when soliciting new customers is less of a risk for identity theft because SB 168 provides that a consumer may request in writing that the information contained in his or her file not be provided to a third party for marketing purposes. While these health-related entities are obligated to make a reasonable, good-faith effort to comply with the obligations before the delayed compliance dates, upon a showing of good cause, such entities may obtain brief Akin Gump: Recent Favorable Caselaw Regarding Medicare Outlier Pay...   Because we will be meeting with the Government attorneys within the coming weeks to discuss remedies, we expect to have more information on that topic shortly. e., 180 days from the notice of program reimbursement), it might be possible to file a late appeal within the 3-year reopening period based upon good cause for late filing Akin Gump: FTC Announces Important Procedural Changes to Merger Re...   Commission rules provide that witnesses in pre-merger depositions (called "investigational hearings") are allowed to have copies of their deposition transcripts, absent a showing of "good cause." Prior staff practice often was to ignore the Commission rule and assume without basis that good cause existed in any merger investigation. Now any decision that good cause for withholding exists must come from the director of the Bureau of Competition Akin Gump: [work]   This approach was based on the argument that claims by employees that an employment agreement was unenforceable (because of the inclusion of a noncompete clause) could be successfully defended as long as the employment agreement contained a severability clause. Thus, the court held that despite the existence of an "atwill" arrangement (under which the employer could terminate the employee at any time for any reason), the inclusion of a noncompete clause provided the employee with an independent Akin Gump: Collateral Estoppel & Markman Timing   Because of Markman's strong uniformity policy, it is well advised to research your opponent's litigation history; you may be pleasantly surprised and discover a valuable patent construction tool. The court found that this argument constituted good cause to modify the protective order, implicitly holding that collateral estoppel is available for prior Markman rulings Baker & McKenzie: Law Alert1 Sarbanes Oxley Act Overview   This is in response to the situation that allegedly occurred in Enron where several directors and officers sold Enron stock while the price was dropping and employees were prohibited from selling because of a company imposed blackout period. Members may be removed from the accounting oversight board by the SEC "for good cause" prior to expiration of the term of such member Cooley Godward: Sexual Harassment???Employer???s Liability for Supervis...   Cooley Godward: The Sarbanes-Oxley Act of 2002: Effect on Pension Plans...   First, the Act protects corporate whistleblowers by creating a new federal civil cause of action on behalf of any employee of a public company who is subject to retaliation for reporting corporate fraud. " Penalties under the Act include a fine and/or imprisonment of up to ten years.With respect to the new civil cause of action, employers are well served to take affirmative steps establishing clear procedures for employee complaints concerning possible corporate wrongdoing. First, employers Davis Wright Tremaine: OIG Issues Hospital Compliance Guide   However, to qualify for the exception, the discount must be in the form of a reduction in the price of the good or service based on an arm s-length transaction. That recommendation is of limited value, however, because it requires that compensation be set in advance, when the "gains" are difficult to predict Davis Wright Tremaine: Corporate Oversight and Accounting Reform: An Overview ...   Because the Act creates significant additional oversight and enforcement responsibilities for the Securities and Exchange Commission, it provides an additional $98,000,000 in funding to enable the SEC to add at least 200 additional professionals to provide oversight of auditors and audit services and improve investigative and enforcement efforts. Disciplinary proceedings by the Oversight Board will not be public, unless the Oversight Board orders otherwise for good cause and the parties to the Dinsmore & Shohl: Manufacturer?s Beware - The Accidental Franchise   Illinois law defines a franchise fee as any payment in excess of $500 which a franchisee must pay the franchisor (or its affiliate) for the right to enter into a business or to sell, resell or distribute goods or services, unless specifically excluded. Federal law and the states that regulate the sale of franchises define a franchisee fee in substantially the same way Epstein Becker & Green: PDF   That is because a Sarbanes-Oxley whistleblower complainant has a general right to start a lawsuit in a United States district court 180 days after the filing of an administrative complaint if the administrative process has not concluded. The investigation will continue if the Assistant Secretary for Occupational Safety and Health ("Assistant Secretary") determines from those initial submissions that there is reasonable cause to believe there has been a violation Fisher & Phillips: Hospitality Labor Letter (12/04) pdf   In the first, the Court dismissed plaintiffs' claims for negligence because as employees of an indefinitely-moored dockside riverboat casino, they were not seamen for purposes of the Jones Act. Howard v. Southern Illinois Riverboat Casino Cruises, Inc. In the second, the Court affirmed a ruling rejecting employees' claims for overtime pay because as employees of a riverboat that seldom set sail, they were seamen and thus exempt from overtime under the Fair Labor Standards Act Gardner Carton: Third Circuit Reverses Tax Court on Application of INDO...   The costs in issue were held non-deductible because the Court found that the taxpayer would derive significant future benefits as a result of the acquisition. Because of the vagueness of the INDOPCO rationale, taxpayers have been concerned about the decision's ramifications -- with good cause Gardner Carton: Enforcing President Bush''s Call for A New Et...   ...the "substantial unfitness" standard, it does not spell out what are not discharged in bankruptcy, and provides a cause of. factors should or will be considered in determining the lesser standard of "unfitness." Nor does the Act require any bar order entered by the SEC in an administrative cease-andaction for employee "whistleblowers" who assist in investigations or prosecutions of securities fraud Hayboo: ENVIRONMENTAL TIP #21 - "Good Cause?"   Haynes Boone | KnowledgeConnect | ENVIRONMENTAL TIP #21 - "Good Cause?" 3) { window. visibility = "visible"; } } //-- PublicationHot TopicsPublicationsFirm SeminarsENVIRONMENTAL TIP #21 - "Good Cause?" Related Practice GroupsEnvironmentalFactsIn a toxic tort case, plaintiffs allege their inhalation of ethyl mermane, a chemical emitted by the chemical plant of defendant, Show Business Chemicals ("SBC"), caused them to incur a variety of illnesses Honigman Miller: Court of Appeals: Past Landfill Owner Liable Even if No...   Hirs and Waterford Sanitary Landfill appealed the trial court's judgment to the Michigan Court of Appeals, arguing that they were denied due process of law because they were not given notice of the trial date. The Court of Appeals then considered whether the lack of notice was sufficient cause to "set aside" the trial court's default judgment under the circumstances Honigman Miller: Business Immigration Law Focus   OF TECHNOLOGY TOFOREIGN NATIONALS Introduction To Federal Export Control Law Manycompaniesemployingforeignnationalemployees are unaware of federal export control laws which prohibitthetransfer,withoutalicense,ofcertaingoods, technology and software to non-exempt foreign nationals. Upon re-application for a visa at a consular post abroad, a non-complying registrant must show good causeforfailuretocomplywiththeNSEERSdeparture King & Spalding: How to Keep the Other Shoe from Dropping: The Interrela...   There are four categories of "predicate acts" set forth under RICO, the commission of which may trigger civil liability: crimes of violence (murder, kidnapping, arson, robbery, extortion and obstruction of justice); crimes involving illicit goods and services (gambling, pornography, narcotics, counterfeiting, theft and trafficking in restricted goods); crimes involving breach of fiduciary obligations and labor contracts (restrictions on payments and loans to labor organizations); and crimes of King & Spalding: How to Keep the Other Shoe from Dropping: The Interrela...   There are four categories of "predicate acts" set forth under RICO, the commission of which may trigger civil liability: crimes of violence (murder, kidnapping, arson, robbery, extortion and obstruction of justice); crimes involving illicit goods and services (gambling, pornography, narcotics, counterfeiting, theft and trafficking in restricted goods); crimes involving breach of fiduciary obligations and labor contracts (restrictions on payments and loans to labor organizations); and crimes of Sidley Austin: California Labor and Employment Year in Review-2/1/00   The Court's decision in Guz v. Bechtel should severely curtail the number of suits brought by terminated employees alleging that their terminations violated an implied contract not to terminate them without good cause. Employers can also expect a decision in a case challenging the position of the Workers' Compensation Appeals Board that employers must pay the health insurance premiums for employees on an leave of absence caused by a work-related injury or illness Sidley Austin: Sarbanes-Oxley Act of 2002 - General   The SEC will be authorized to remove Board members for good cause. Hearings held by the Board will not be public unless good cause is shown for a public hearing and the parties consent thereto Stroock: Management's Report on Internal Control over Finan...   We believe that the extension will benefit investors because this will help ensure that appropriate controls are in place for the first reporting process. We also, for good cause, find that, based on the reasons cited above, notice and solicitation of comment regarding extension of the compliance dates is impracticable, unnecessary, and contrary to the public interest Stroock: Department of Labor Interim Final Rules: ERISA Blackout...   502c-7(c)) and the Department's notice of determination on a statement of reasonable cause (Sec. 502c-7(i)(3), which relates to the filing of statements of reasonable cause, provides that a statement of reasonable cause shall be considered filed (i) upon mailing if accomplished using United States Postal Service certified mail or Express Mail, (ii) upon receipt by the delivery service if accomplished using a ``designated private delivery service'' within the meaning of 26 U.S.C. 7502(f), (iii) Thelen Reid & Priest: New California Energy Laws   Another section of this law requires the California Energy Commission to develop a process under which a portion of the funds collected under Public Utilities Code Section 381(c), the Public Goods Charge Funds, will be distributed to pay these above-market costs. This is a major step forward for distributed generation and other small producers, because high standby charges can make these resources uneconomic Vorys Sater: A Few Observations About Compliance Recordkeeping by Da...   Among the most obvious is being able to demonstrate good citizenship and ward off governmental investigations. Additionally, a good compliance program should assist a corporation that has been convicted of a crime in minimizing its sentence Vorys Sater: Insufficient Discovery And Inadequate Hearings: A Propo...   Moreover, because the districts are quite small, the probation officer, prosecutor and case agent may work together repeatedly even if they do not operate out of the same building. Moreover, because information obtained by defense counsel is largely exculpatory based, not issue based, the defense has little in the manner of a written record to offer the probation officer Weil: Eroding The Corporate Attorney-Client Privilege: Court ...   The RMED court relied on Garner v. Wolfinbarger,2 in which the Court of Appeals for the Fifth Circuit held that because when all is said and done management does not manage for itself a derivative plaintiff can override the corporate defendant s claim of privilege based on a showing of good cause. Garner v. Wolfinbarger In 1970, the Court of Appeals for the Fifth Circuit in Garner, relying on English trust law principles,4 held that upon a showing of good cause, shareholders suing derivatively Weil: SDNY Holds That Wells Submissions to the SEC are Discov...   For good cause, the court may order discovery of any matter relevant to the subject matter involved in the action. Relevant information need not be admissible at the trial if the discovery appears reasonably calculated to lead to the discovery of admissible evidence Weil: "Financial Accommodations" Exception To Execu...   Because the Bankruptcy Code does not define "financial accommodations," courts have largely borne the responsibility for establishing the boundaries of the section 365(c)(2) exception. Chargebacks are card-issuer denials of payment for good cause White & Case: SEC Final Rule: Certification of Disclosure in Companie...   %202003.pdf   RUTAN & TUCKER   Rejecting Guz's claim, the California Supreme Court held that where an employer has an express policy of at will employment, an employee may not generally claim he or she had an implied contract not to terminate except for good cause. The Court's holding also rejected the notion that an implied covenant of good faith and fair dealing precluded Bechtel from terminating Guz's employment because Bechtel arguably failed to follow its own termination policies Securities Law Alert - October 12   If, however, a company shows "good cause" (e. Even in those instances in which the SEC concludes that a company has not shown "good cause," the SEC will typically evaluate the Rule 14a-8 claims submitted in the company's request for no-action relief The 2003 Medicare Prescription Drug   Proposed Definition of Usual Charge Under the OIG plan, the usual charge would include: Full amounts billed to cash paying patients, provided the provider makes a good faith effort to collect the full amount (if provider routinely fails to collect the 20 percent co-pay, then 80 percent is used to determine the charge); Amounts billed to patients covered by indemnity insurers (or amounts billed directly to third-party payors) with which provider has no contractual arrangement; Amounts for which The Law and Practice Under 35 USC 135(c)   R.  What Reasons Have Been Accepted or Not Accepted as Constituting “good cause” Within the Meaning of 35 USC 135(c) for Someone Other Than a “Government agenc[y]” to Obtain Access to a 35 USC 135(c) Agreement “kept separate from the file of the interference” Pursuant to the Written Request of the Party That Filed the Copy. V.  What Reasons Have Been Accepted or Not Accepted as Constituting “good cause” Within the Meaning of 35 USC 135(c) Justifying the Filing of a Copy of a 35 USC 135(c) Bulletin 01-01   Bulletin 01-32   BrandTalk Volume 5   The National Franchise Council recently filed its amicus curiae brief arguing that forum selection clauses must be upheld because: (1) such clauses promote predictability and prevent unnecessary wasting of resources; (2) mandatory disclosure obviates any claim of surprise or unfairness; (3) the United States Supreme Court has favored forum selection clauses; and (4) any economic disparity between franchisors and franchisees does not merit judicial intervention. This provision is one of the most Winter 2004; Volume 6   That is because the physician fee schedule is independently developed and updated annually by CMS based on actual service delivery costs, and is subject to strict statutory direction and public notice and comment. The ratings are not a warranty, given the volatility of the financial markets, although they will give you a good measure of where the company stands BrandTalk Volume 4   The Court of Appeals reasoned that because Kirby required in-home demonstrations, it exercised sufficient control over the sale of its products to end-users to justify imposing a duty of reasonable care in selecting the persons who performed the demonstrations, even though the selection of dealers was the sole responsibility of Kirby's distributors (third party contractors who actually recruited the in-home dealers). Because the Robertson's refused to close the restaurant and continued using Ownership Reports and Trading by Officers   Because the Act does not change the due date for Form 3, situations may arise where a reporting person is required to file a Form 4 before the Form 3 is due. An insider may rely in good faith on the last plan statement in reporting holdings pursuant to 401(k) plans and other Rule 16b­3(c) exempt plans BrandTalk Volume 4   In granting Summary Judgment the District Court