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Last update: Mar 20, 2007
Haynes and Boone: 10/1/2005 - Electronic Discovery: Ten Tips for Outside ... Oct 01, 2005
Haynes Boone | KnowledgeConnect | Electronic Discovery: Ten Tips for Outside Counsel Representing Corporate Clients 3) { window. Following a successful Beauty Contest at the New York headquarters of Telco Corporation a FORTUNE 500 telecommunications company you are given the opportunity to represent Telco in future commercial disputes
Dickstein Shapiro: The Advisor Jul 01, 2005
Dinsmore & Shohl: Employer's Granting Of FMLA Leave May Preclude Sub... Feb 16, 2005
No. 03-4359, 1/14/05, the U.S. Court of Appeals for the Sixth Circuit ruled that an employer's unconditional approval of an employee's request for leave under the Family and Medical Leave Act to care for his ill wife may prevent it from contesting the employee's leave entitlement. In November of 2000, Charles Sorrell told his supervisor, Randy Yoakum, that he wished to retire
Greenberg Traurig: Making Partner ... Or Not Feb 01, 2005
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Long & Levitt: Multi-step grievance procedure in agreement between uni... Jan 26, 2005
Dist., Dec. 23, 2004) No. E035295, 2004 WL 2966496 By Jason A. Geller and Jordan Rojas. Jones contended that he was deprived of his constitutionally protected property interest in continued employment with Omnitrans, a public transit agency, without due process of law because Omnitrans dismissed him and refused to afford him a post-termination arbitration hearing to contest the dismissal
Long & Levitt: An employee is not entitled to family medical leave for... Dec 16, 2004
Juan C. Araneda Jennifer A. Becker David P. Borovsky Robert J. Buccieri Chip B. Cox Kim O. Dincel Edward F. Donohue, III Kathleen M. Ewins Howard M. Garfield Jason A. Geller J. Michael Higginbotham John B. Hook Joseph P. McMonigle Douglas J. Melton Jordan Rojas Jessica B. Rudin Steven Sharafian Ann L. Strayer Jennifer W. Suzuki Jeanette Traverso Karen L. Uno Seth E. Watkins Gerald G. Weisbach Kevin Whittaker Irene K. Yesowitch. An employee is not entitled to family medical leave for a "serious
Greenberg Traurig: 'Tis the Season to Obsess About Bonuses and Billab... Dec 14, 2004
...com Home Newswire LawJobs CLE Center LawCatalog Our Sites Advertise Advertisement: -- Home | Classified Ads | Message Boards Search Advanced Search Law Firms Law FirmRecruiting Guide The NYLJ 100 The AmLaw MidlevelAssociates Survey Beyond Firms Passing the Bar Exam Pro Bono NYLJ Fiction Contest Get Advice Advice for the Lawlorn Crossroads Message Boards Work/Life Wisdom Services Contact Us Corrections Make Us Your Home Page Shop American Lawyer Media This Week's Public Notices Today's Classified
Littler Mendelson: Bush Board Overrules M.B. Sturgis Rule Regarding Bargai... Dec 01, 2004
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Morrison: Insurance Newsletter - 11/12/04 Nov 12, 2004
Georgia Supreme Court finds that insurer that fails to defend can't context basis for insured's liability but is not estopped to contest coverage. Marsh announces plans to lay off 3000 employees as fall out from Spitzer investigation continues to spread
Greenberg Traurig: Caught in the Middle Oct 26, 2004
Opening the latest conflict check, you are asked whether there is any reason your firm cannot represent the North American Whaling Association. Within, you find a photocopy of a newspaper article quoting a partner from another office of the firm, who confirms that the firm has agreed to represent a certain political candidate should any litigation matters arise out of the next election
Gibbons: Third Circuit Holds that Employer???s a Procedural Bias... Oct 22, 2004
Merck, as the overall plan administrator, delegated responsibility for claims administration to defendant UNUM. In 1993, following a diagnosis of sarcoidosis and fibromyalgia, plaintiff applied for and received LTD benefits from defendants. All of the information/records supported plaintiff's diagnoses and status as permanently disabled
McDermott: Passage of House Bill Advances Important OSHA Reforms Oct 01, 2004
Vol. 19 No. 32 October 1, 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
Michael Best & Friedrich: Intellectual Property Update (Fall 2004) Oct 01, 2004
INTELLECTUAL PROPERTY UPDATE - Fall 2004 Fall 2004 Glen A. Weitzer, Editor Federal Circuit’s En Banc Decision in Knorr-Bremse Eliminates the Adverse Inference [click on title for full article] Recently, the United States Court of Appeals for the Federal Circuit overturned long-standing case law holding that a jury could infer that infringement was willful if an accused infringer failed to obtain an opinion of counsel or failed to disclose the opinion (thus waiving the attorney-client privilege)
Greenberg Traurig: Associates and Office Romances Sep 21, 2004
You've never even been east of the Mississippi longer than a week at a time, and everyone you know from growing up, from college, from law school, will now be 3,000 miles away. You also know that your new firm is going to expect long hours in the office
Clausen Miller: Going Toe-to-Toe With Your Opposing Expert Sep 14, 2004
...by Dean S. Rauchwerger And Michael S. Errera, Clausen Miller PC, Chicago, Illinois. As knowledge and science have grown, so has the range of experts that parties call upon to advocate their cause
Miller & Chevalier: Tax Controversy Alert - Proposed Whistleblower Reward S... Jul 01, 2004
The corresponding House bill does not contain similar provisions, but the bills will go to conference shortly. There is no guarantee of any reward, and the rewards tend to be small
McDermott: U.S. Supreme Court Approves Challenging Unconstitutiona... Jun 18, 2004
Now, in Hibbs v. Winn, No. 02-1809 (U.S. 2004), the U.S. Supreme Court has cleared the way for such suits to be brought in federal court. For these reasons, the time may now be right for some businesses to proceed with challenges they have previously opted not to pursue
Akerman Senterfitt: 05/03/04 - Insurance-Related Appellate Update May 03, 2004
INSURANCE-RELATED APPELLATE UPDATE May 3, 2004 For more information on these and other insurance-related cases, contact Katherine E. Giddings or Felicia Leborgne Nowels at 850-224-9634 or by e-mail at katherine. com Florida Supreme Court No cases of interest reported
Morrison & Foerster: California Tax Court: It?s Time To End ?Pay-to-Play? In... Apr 23, 2004
Morrison ter - Legal Update - California Tax Court: It’s Time To End “Pay-to-Play” In California State and Local Tax Insights -- Spring 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. Indeed, California was ranked among the bottom five states in every category of CFO Magazine’s annual state tax survey, causing “no state to come near
Greenberg Traurig: When Your Best Friend Is Made Partner Apr 13, 2004
You know each others' wives and children, and have even met each other's parents. There is no doubt he deserved to make it
Miller Canfield: No Home Run For Home Schoolers Mar 01, 2004
Reid v Kenowa Hills, COA docket no. 239473 (March 2, 2004). Instead, the Court determined, neither statutes nor constitutional principles “require defendants to allow non-enrolled students to take part in the athletic programs and because we find no religious discrimination or equal protection violation, we affirm the trial court’s dismissal.” The lawsuit pitted student plaintiffs and school defendants from across the state against each other in a contest in which plaintiffs sought the “prize”
Michael Best & Friedrich: Know the Law Before Designing PR Games By: Judith Grubn... Feb 01, 2004
Know the law before designing PR games. Since the rules were only available inside the sealed package, there was no way short of buying the cookies for a consumer to find out how to obtain a free game card
Poyner and Spruill: Beware Of Making Statements To Employees That Could Be ... Oct 06, 2003
The Hooters restaurant chain recently found itself in just this predicament because of an alleged promise made to employees in a contest. The Hooters restaurants in the Panama City Beach, Florida area held an employee contest to determine which employee could sell the most beer in April
McDermott: Illinois? Amnesty Program: Pay Now and Save Later Oct 02, 2003
McDermott - Newsletters - Illinois’ Amnesty Program: Pay Now and Save Later if (document. selectedIndex=0; } Please select a language: English Italian German PUBLICATIONS NEWSLETTERS ILLINOIS’ AMNESTY PROGRAM: PAY NOW AND SAVE LATER October 2, 2003 Illinois has responded to the state s enormous budget deficit with a generous amnesty program designed to generate a rapid cash flow for fiscal year 2003
Latham & Watkins: Prudence and the Pill Aug 25, 2003
Boards, however, generally have not redeemed pills when such nonbinding resolutions have been passed. ignores a majority precatory vote will open itself to a new process requiring the company to include at its expense one or several shareholder-nominated candidates for director in the annual meeting proxy on the same footing as board-nominated candidates
Foley Lardner: Delegation of Trustee's Duties to Advisors (PDF) Jul 31, 2003
EDITOR'S NOTES This edition's lead article discusses the loosening up of old prohibitions on the delegation of the trustee's authority, both discretionary and administrative. In addition to the state statutes and Restatement (Third) referred to in the article, the Uniform Trust Code ("UTC"), now adopted in some form by a handful of states, takes a similarly permissive view
Fried Frank: Feature Comment: The New A-76 -- OMB Adopts Familiar FA... Jul 16, 2003
Information and Analysis on Legal Aspects of Procurement Vol. 45, No. 26 July 16, 2003. Most significantly, the new Circular now incorporates familiar Federal Acquisition Regulationtype principles and procedures to provide greater uniformity in the treatment of public and private sector offerors
Miller & Chevalier: International Alert - As Interest Grows in Section 337 ... Jun 30, 2003
The other, known as a General Exclusion Order ("GEO"), bars all imports of infringing goods, regardless of their point of origin, or whether they were produced, imported, exported or distributed by a party named in the ITC action. In part because there are additional criteria that must be satisfied to obtain a GEO, historically most complainants have chosen not to bear that extra burden
McKenna Long & Aldridge: Significant Changes to Competitive Sourcing Rules Likel... Jun 06, 2003
...competitive sourcing initiative, the Bush Administration announced on Thursday a dramatic change in the way the Federal government conducts competitions between Federal workers and the private sector for work that is not "inherently governmental." These changes will directly impact how these competitions will be conducted, and are effective immediately. Agency tenders (the equivalent of a contractor proposal) may be excluded from competitions if the source selection authority identifies a
Fried Frank: OMB Circular A-76 Update: OMB Issues Final Revised Circ... May 31, 2003
...xsp; No. 03-5-1 OMB CIRCULAR A-76 UPDATE: OMB Issues Final Revised Circular A-76 On May 29, 2003, the Office of Management and Budget (OMB) issued a substantially-revised OMB Circular A-76. The final revised Circular implements most of the proposed changes contained in a draft issued by OMB on November 19, 2002 -- including, most notably, the incorporation of FAR-type principles that would provide for greater uniformity in the treatment of in-house and private-sector proposals
Morgan Lewis: SEC Publishes Interpretation On Broker Records Rules May 28, 2003
The rule generally would not apply to the account of a corporation, partnership, limited liability company, or a trust that is a separate entity from its beneficiaries. The rule generally would apply, however, to retirement accounts, such as an employee's 401(k) account, and to Uniform Gift/Transfer to Minor Accounts, which are treated like accounts of natural persons
Morgan Lewis: Arrest and Conviction Information: Does Your Applicatio... May 01, 2003
In Brown, et al. v. Albertson's, Inc., et al., Case No. BC 294155 (L.A. Superior Court), filed on April 17, 2003, three plaintiffs, on behalf of themselves, a class of all others similarly situated, and as "private attorneys general," are seeking damages, attorneys' fees and injunctive relief, claiming that each of the named employers asked unlawful questions on their application forms. 7 prohibits employers from asking applicants to disclose, either orally or in writing, information concerning:
Gray Cary: Punitive Damages Awards After State Farm Mut. Auto Ins.... Apr 18, 2003
State Farm, Campbell s insurer, decided to contest liability in the ensuing suit and declined to settle the claims for the policy limit of $50,000 despite strong evidence that Campbell was negligent. On appeal, the Utah Supreme Court applied the U.S. Supreme Court s decision in BMW of North America, Inc. v. Gore, 517 U.S. 559 (1996), and reinstated the $145 million punitive damages award
Thompson & Knight: 03/18/2003 - Get Ready for a Beauty Contest Mar 18, 2003
Get Ready for a Beauty Contest var bookmarkurl="http://www.tklaw.com/website.nsf/_/63FADA9CBD81B62586256CED0070DC84" var bookmarktitle="Thompson t L.L.P - Get Ready for a Beauty Contest" var isReady = false; function addbookmark(){ if (document. mmLoadMenus(); Get Ready for a Beauty Contest More Articles: A Case Study -- Retail Electric Provider Bankruptcies The 1989 AAPL Model Form Operating Agreement: Why Are You Not Using It
McDermott: Delaware Supreme Court Clarifies Limits on Defensive Me... Jan 28, 2003
The case involved a contest for control of Liquid Audio, Inc., commenced by one of its shareholders, MM Companies, Inc. After its takeover offer was rejected by the Liquid Audio board in December 2001, MM notified Liquid Audio that it would nominate its own candidates for the two board seats up for election at the next annual meeting (Liquid Audio s board initially consisted of five members, separated into three different classes). MM also introduced a proposal to increase the size of the board
McDermott: Delaware Supreme Court Clarifies Limits on Defensive Me... Jan 28, 2003
The case involved a contest for control of Liquid Audio, Inc., commenced by one of its shareholders, MM Companies, Inc. After its takeover offer was rejected by the Liquid Audio board in December 2001, MM notified Liquid Audio that it would nominate its own candidates for the two board seats up for election at the next annual meeting (Liquid Audio s board initially consisted of five members, separated into three different classes). MM also introduced a proposal to increase the size of the board
Crowell & Moring: FMSHRC in 2002: The Year in Review Jan 01, 2003
The most important development was that the Commission lost a quorum: it could not issue any decisions for the last six months of 2002 because it did not have the minimum three Commissioners required to decide cases. But in June 2002, Chairman Verheggen resigned to become Director of Legislative Affairs in Washington for Dow Chemical Corp. After he left, the Commission could not issue decisions because only Commissioners Beatty and Jordan were left
Goodwin Procter: US Coffee Distributor Accused of Trademark Theft Dec 09, 2002
However, it approved the publication of the TRUNG NGUYEN mark, allowing opposing parties (including Vu) the opportunity to contest its registration. This case demonstrates that before foreign retailers begin negotiating with US distributors, they should register their marks with the PTO. Ethan Horwitz and Rachelle A Kagan, Goodwin Procter LLP, New York © Copyright Globe Business Publishing 2002 Terms tions
Brown Raysman: Nonrecourse Loans (PDF) Nov 20, 2002
...com/ny WEDNESDAY, NOVEMBER 20, 2002. Real EstateUpdate Nonrecourse Loans
Preston Gates & Ellis: Election 2002: A Guide to Changes in Congress Nov 18, 2002
The Republicans retained Republican-held open seats in New Hampshire, North Carolina, South Carolina, Tennessee, and Texas while the Democrats successfully defended an open seat in New Jersey. Republicans not only retained control of the House of Representatives for the fifth consecutive Congress, but they added to their margin by gaining at least five seats with two races undecided
Gordon & Rees: Statute of limitations period for nursing home to file ... Oct 04, 2002
October 4, 2002 Statute of limitations period for nursing home to file lawsuit contesting DHS citation is tolled while nursing home's request for administrative review is pending Waterman Convalescent Hospital, Inc. v. Department of Health Services (02 C.D.O.S. 9462). The 90-day statute of limitations period for a nursing home to file a lawsuit contesting a citation issued by the DHS was tolled during the period the nursing home`s request for a citations review conference was pending, according
Musick Peeler & Garrett: DUTY TO DEFEND BREACH OF WARRANTY CLAIMS? Oct 03, 2002
The Court found that the maker of a printed circuit board did not intend it to fail (and therefore the failure of the printed circuit board was an occurrence or accident) and that the scanners into which the circuit boards were incorporated were tangible property that, though not physically damaged except for the printed circuit boards, were subjected to a loss of use (and the loss of use was property damage). Since all that was determined by the Ninth Circuit was that there was a duty to
Hale Dorr: Massachusetts Tax Advisory Oct 01, 2002
Bell: Important Changes In Patent Reexamination Procedure Imm... Oct 01, 2002
4 Prior art that was cited or considered during the original prosecution of a patent cannot alone form the basis for a substantial new question of patentability triggering the reexamination of that patent. Further, previously cited or considered prior art can only be considered by the PTO during a reexamination proceeding if combined with prior art not previously before the PTO. Thus, under the present law, a reexamination proceeding cannot be based on an argument that the PTO overlooked prior
Foley Lardner: State Income Tax Filing Issues - Illinois and Wisconsin... Sep 27, 2002
STATE INCOME TAX FILING ISSUES ILLINOIS NSIN Because the State tax filing season is here for calendar year corporate taxpayers, we devote this month's newsletter to selected income tax issues that affect corporate taxpayers in Illinois and Wisconsin. ILLINOIS SINGLE SALES FACTOR ISSUES Background
Manatt: HealthLaw@manatt Sep 18, 2002
A California appellate court has held that if a facility has requested a citation review conference, the statute of limitations under Section 1428 does not begin to run until either the facility withdraws its request for a citation review conference, or the facility receives the citation review conference decision. 4th Dist., Sept. 12, 2002), the Court held that the 90-day period for the commencement of a judicial action against DHS did not begin to run until Waterman Convalescent Hospital
O'Melveny & Myers: Ninth Circuit Vacates Fee Bid-Based Appointment of Secu... Sep 17, 2002
The litigation stemmed from a drop in the price of Copper Mountain Networks' stock following its announcement in late 2000 that, contrary to earlier indications, revenue and earnings would decline. The court issued a questionnaire to prospective lead plaintiffs to elicit their knowledge of the case, details of their negotiations of fee arrangements with law firms, and their ability to monitor the case
Winstead: Employers: Think Twice Before Automatically Challenging... Sep 01, 2002
Infuriated that the employer is contesting his "right" to unemployment benefits, the employee contacts an attorney. As a result, the former employee now has legal representation and is motivated to win his claim
Winstead: Employers: Think Twice Before Automatically Challenging... Sep 01, 2002
Help|About|Member Services|Non-Members| Renew|Log Out. Infuriated that the employer is contesting his "right" to unemployment benefits, the employee contacts an attorney
Latham & Watkins: Lessons of TRW Jul 11, 2002
TRW Inc. won an important victory in its fight to turn Northrop Grumman Corp.'s hostile bid into a board-controlled auction when TRW shareholders voted to maintain a poison pill equivalent under Ohio's anti-takeover statutes. In fact, TRW's victory was so resounding that it didn't need to rely on the controversial statutory exclusion of votes by arbitrageurs and others who purchased their TRW stock after the Northrop Grumman bid was announced
Harris Beach: New Legislation Requires School Districts to Have Porta... Jul 09, 2002
...write(''); } New Legislation Requires School Districts to Have Portable Defibrillators in Each Instructional School Facility July 2002 It is no longer an individual school decision to maintain defibrillators on campus. The Education Law now requires schools to purchase, maintain, and operate defibrillators as an emergency service available for the public
Hughes & Luce: Protecting Public Companies Against Hostile Takeovers Jun 26, 2002
Debevoise: Don't Mess with the Vote Jun 03, 2002
Aquila, which owned 38% of Quanta’s shares, announced its intention to nominate an opposing slate of directors at Quanta’s annual meeting. Shares in the trust that had not yet been allocated to employee benefit plans were to be voted in accordance with instructions from Quanta employees participating in the company’s employee stock participation program
Morrison: Massachusetts Court Ups Ante for Insurers Who Contest C... May 29, 2002
Morrison, Mahoney & Miller, LLP - Publication - Massachusetts Court Ups Ante for Insurers Who Contest Coverage -- Michael F. Aylward, Senior Partner Hanover Insurance Company v. Golden, 08587 (Mass. April 26, 2002), that this rule also extends to cases in which an insurer is already defending under a reservation of rights and brings an action for declaratory relief to terminate its defense obligation
Debevoise: Delaware Court Rejects Challenges to Hewlett-Packard Vo... May 02, 2002
While the decision depends heavily on the facts and the credibility of the witnesses, it spells out legal principles that could lead to successful challenges to voting in other cases if participants in a proxy contest are not careful. Mr. Hewlett has since stated that he will not appeal the decision
Parker Poe: (View PDF) Apr 12, 2002
This is usually because the designated forum was probably not specifically negotiated and almost always coincides with the contract drafter's residence. In such situations, the outof-town party may contest whether the forum selection clause is valid and enforceable
FROF: Why Athletes Need the Special Protection of a Prenuptia... Apr 01, 2002
...open("/inside/attorney.asp?IC=y aID,'_blank','menu=yes,height=410,width=630,scrollbars=yes,toolbar=yes,location=no,directories=no,status=no,resizable=yes'); } Why Athletes Need the Special Protection of a Prenuptial Agreement - Even if they're the "All-American Couple" by Jane E. Lessner By Jane E. Lessner Professional athletes are high-worth individuals, and as unromantic as it may seem, they should fully consider a prenuptial agreement prior to marriage. It is unfortunate, but life can often
Paul Weiss: Second Circuit Review: Compelling an Attorney's Te... Mar 27, 2002
At oral argument, the government admitted that it intended to use the associate's testimony not only to support a charge that the general counsel made false statements to government officials in the associate's presence, but also to support charges that the general counsel was an active participant in the fraud committed by the company. The court noted: "It is one thing for a client to recognize that if he commits a crime in his attorney's presence, the attorney may be compelled to testify to
Reinhart Boerner Van Deuren: An Overview Of OSHA Mar 22, 2002
ATTORNEYS: Jeffrey P Clark Robert K. Sholl David J. Sisson Carolyn A. Sullivan Christopher P. Banaszak John G. Pawley Robert J. Muten David E. Osswald Kirstin A. Goetz Paul V. Lucke 1000 North Water Street P.O. Box 2965 Milwaukee, Wisconsin 53201-2965 414-298-1000 1-800-553-6215. OSHA can conduct investigations with or without prior notice to an employer
Gordon & Rees: Hamilton v. Maryland Cas. Co. Mar 12, 2002
...(2002) ___ Cal.4th ____, 02 C.D.O.S. 2185 When An Insurer Provides A Defense, A Pre-trial Settlement Entered into Without The Insurer's Agreement Does Not Bind The Insurer And Creates No Presumption Regarding Actual Damages to The insured in A Subsequent Action for Breach of The Duty to Settle. The California Supreme Court upheld a ruling of the First District Court of Appeal holding that an insurer which defends an insured is not bound by a settlement in excess of the policy limits to which the
Weil: Brief Update Mar 01, 2002
The Ninth Circuit noted, however, that section 105(a) does not authorize a court to create a remedy that is not articulated in the Bankruptcy Code. The court found that neither the language nor the legislative history of section 524 suggests a congressional intent to create a private right of action
Frost Brown Todd: Media Law Advisory Feb 01, 2002
Gordon & Rees: Action based on professional caretaker?s criminal convi... Jan 09, 2002
Guardian North Bay Inc. v. Superior Court (Myers) 01 CDOS 10669 A California court of appeal has held that personal injury actions arising from a professional caretaker's criminal abuse of elders are subject to the extended statute of limitations applicable to actions for restitution for injury caused by criminal conduct, rather than the more limited statute applicable to actions based on professional negligence. After Guardian North Bay Inc. pleaded no contest to six counts of felony elder
Reed Smith: The Critical Path Dec 14, 2001
They Meant What They Said: Pennsylvania’s Highest Court Reviews High Profile Public Project Bidding Statute A Call for Bridge Designers: West Point Bicentennial Engineering Design Contest The Commonwealth Court of Pennsylvania Issues One of the First Decisions Interpreting Pennsylvania’s New Procurement Code Proper Drafting Vital to Indemnity for Contractually Assumed Obligations Violation of a New York Building Code Is Not Negligence Per Se (Maybe) As BUILT. Has Arbitration Become Arbitrary
Parker Poe: (View PDF) Oct 18, 2001
TECHNOLOGY MATTERS October 2001. You can organize a contest at your company
Akin Gump: New Internet Technology Permits a New Proxy Contest Tec... Oct 01, 2001
New Internet Technology Permits New Proxy Contest Techniques. Novel techniques -- including use of message boards, websites and email -- are now available to activist shareholders to conduct a proxy contest over the Internet
Lowenstein Sandler: Courts Disagree on Insurance Coverage for Data Oct 01, 2001
...n direct contradiction to last year's seminal holding in Ingram Micro (see our alert dated October 2000), the Western District of Oklahoma held that data is not tangible property for purposes of insurance coverage. The insurer sought a declaratory judgment that its policy did not provide coverage for the Sprays' claim against Midwest, eliminating any duty to indemnify or defend its insured with respect to the lawsuit
Greenberg Traurig: Beyond Election 2000: Law & Policy in the New Mille... Oct 01, 2001
The task is not difficult. II. The Florida Supreme Court A. The Case As It Reached the Court Florida's statutory scheme for challenging election results is not well- suited to the peculiarities of choosing presidential electors
Greenberg Traurig: Litigating History Oct 01, 2001
I was retained by the Bush campaign on November 8, 2000, the day after the election, to act as lead counsel for the Florida litigation. No one that evening, however, expected that the battle would become as involved or take as long as it did
McKenna Long & Aldridge: Technology Law Update Aug 01, 2001
Federal Register Vol. 66, No. 154 August 9, 2001. The Contractor's notification shall be in writing and shall identify the Government-unique mark (including the word, name, symbol, or design), provide a statement as to its intended use(s) in commerce and list the particular class of goods or services in which registration will be sought
Harris Beach: School Districts Given Equal Status In Property Tax Ass... Jul 27, 2001
Due to changes in the real property tax law in 1995 and 1996, a school district is not automatically a necessary party to a tax certiorari proceeding. However, the district may become a party merely by serving a verified answer or notice of appearance on the taxpayer and the assessor
Debevoise: Court Orders Tyson To Complete Merger with IBP Jun 19, 2001
The decision, applying New York contract law, depends on the facts before the court – but it is a reminder of the importance of careful drafting of representations and of disclosure schedules, and that not every downturn in a target company’s business will be deemed to have a material adverse effect, permitting the buyer to walk from an acquisition. After IBP, the biggest U.S. beef distributor, announced a proposed leveraged buy-out of the company, Smithfield, the leading pork distributor, and
Akin Gump: Legal Compliance Issues Governing Online Sweepstakes May 01, 2001
Internet-based sweepstakes present additional concerns that may not arise in a traditional sweepstakes. The lack of uniformity in the laws of foreign nations can make it an enormous task to operate a legal international sweepstakes, which unfortunately impairs the ability to take full advantage of the Internet's global reach
Rutan & Tucker: Cabrillo Newsletter: California Law Revision Commissio... May 01, 2001
While the Commission ultimately determined not to make a recommendation to change or clarify the law, it did provide a comprehensive discussion of the issues that may benefit right of way professionals that face the issue in the future. Mr. Rubin is an attorney who specializes in condemnation and inverse condemnation matters with the law firm of Rutan r. Mr. Rubin was the Newsletter editor for Chapter 67 for 3 years (1993 to 1995) and initiated the contest that resulted in their Chapter adopting
Loeb & Loeb: Ask the Lawyer: Online Promotions Apr 01, 2001
...lt="none";//LINK TRACKING hbx. Promotions - like a sweepstakes or a contest - are highly regulated at both the state and federal level, and many of the state laws differ significantly from state to state
Loeb & Loeb: Ask the Lawyer: Online Promotions Apr 01, 2001
...lt="none";//LINK TRACKING hbx. Promotions - like a sweepstakes or a contest - are highly regulated at both the state and federal level, and many of the state laws differ significantly from state to state
Sidley Austin: The Bowne Insurance Finance Report - 2nd Quarter 2001 Apr 01, 2001
This article discusses the nature of the risk and steps which a board and management can take now to minimize the likelihood of a third party attempting such a transaction, or succeeding if one is attempted. The Ñrst type of action can take a variety of forms, ranging in degree of seriousness from a private expression of interest to the commencement by the third party of a previously unannounced tender oÅer for the voting stock of the target company
Shaw Pittman: Protecting Online Privacy to Avoid Liability. Vol. 53 ... Mar 01, 2001
PublicationPublication: Association Management Title: Protecting Online Privacy to Avoid Liability Citation: Vol. 53 No. 3 March 2001 Author(s): Sol Irvine, Marc Pearl Nonprofit membership organizations operating in the online world must confront a number of policy and legal issues that are still in the early stages of formulation. Although the volcanic changes in the landscape of online privacy regulation are largely motivated by the eruption of e-commerce activity, noncommercial Web sites that
Finnegan Henderson: Alitalia-Linee Aeree Italiane S.p.A. v. CASINOALITALIA.... Jan 01, 2001
...xtalia-Linee Aeree Italiane S.p.A. v. CASINOALITALIA.COM , 128 F. Supp. 2001) Plaintiff, Italy’s national airline, operated under the trademark ALITALIA. Defendant, a Dominican Republic entity, operated a gambling website at the domain name “casinoalitalia.com” at which visitors could play casino games online
Hale Dorr: Forgotten Issues in the U.S. Presidential Contest Dec 01, 2000
Hale Dorr LLP - 404 Page This page is currently not available. Click here to continue
Bradley Arant: Federal Election Update Dec 01, 2000
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Ober Kaler: Final Rule for the New Healthcare Integrity and Protect... Dec 01, 2000
Ballard Spahr: NRC Approves Transfer of NYPA Plants With Seller Retain... Nov 01, 2000
Following the transfer, the plants will be owned by Entergy Nuclear Fitzpatrick, LLC and Entergy Nuclear Indian Point 3, LLC. Another Entergy subsidiary, Entergy Nuclear Operations, Inc. ("ENO"), will be the operator for both facilities. In order to avoid negative federal tax consequences, NYPA and Entergy proposed that NYPA retain the decommissioning funds, despite the fact that NYPA would no longer remain an NRC licensee
Loeb & Loeb: Notification Provisions in New Sweepstakes Law Aug 01, 2000
...lt="none";//LINK TRACKING hbx. The law, which took effect on April 10, 2000, requires certain disclosures for sweepstakes and skill contests that are sent via U.S. mail
Loeb & Loeb: Colorado Governor Signs Comprehensive Sweepstakes Bill Aug 01, 2000
...lt="none";//LINK TRACKING hbx. "Sweepstakes" is defined as any competition, giveaway, drawing, plan, or other selection process or other enterprise or promotion in which anything of value is awarded to participants by chance or random selection that is not otherwise unlawful under other provisions of law, except that "sweepstakes" shall not be construed to include religious or charitable raffles or bingo games or any activity regulated by the Colorado Liquor Code
Weil: Delaware Court Enjoins Supermajority Bylaw Adopted Duri... Jun 01, 2000
Replace Font Tag Business & Securities Litigator Delaware Court Enjoins Supermajority Bylaw Adopted During Contest For Control June 2000 By Seth Goodchild In Chesapeake Corp. v. Shore, 2000 Del. Feb. 11, 2000), Vice Chancellor Leo E. Strine, Jr. enjoined a bylaw amendment requiring a supermajority vote of the shareholders to amend the bylaws adopted by a target company in the midst of a contest for control, holding that it constituted a preclusive, unjustified impairment of the shareholders
Michael Best & Friedrich: Health Care Alert (June 2000): New Legislation Allows P... Jun 01, 2000
On May 17, 2000, Governor Thompson signed 1999 Wisconsin Act 183 into law. Courts may now award payment of a petitioner's attorney fees and costs from the ward's estate in cases pending or filed as of June 2, 2000, where guardianship has been granted and the court has considered the following factors: 1
Weil: Shareholder Approval Of Merger Agreement Held To Ratify... May 01, 2000
Dec. 1, 1999), includes a noteworthy discussion of shareholder ratification in the context of a duty of care claim arising out of board approval of a merger agreement. 1995), a widely noted case holding that shareholder approval of a merger agreement did not ratify breaches of fiduciary duty alleged in that case
Fried Frank: Proxy Contests in Takeover Situations Apr 17, 2000
In particular, if there is an avenue for having a stockholder vote, either at an annual or a special meeting or through a consent solicitation, hostile bidders will almost invariably take that opportunity to commence a solicitation at the time they announce a hostile bid or tender offer. As preparedness for hostile solicitations has become more critical to a target's defense-and success in a proxy contest may determine a target's fate-Arthur Fleischer and I are updating the proxy contest chapter
Shaw Pittman: FCC Enforcement Monitor Mar 01, 2000
The licensee argued in its defense that since the show in question was extremely popular in the market, and that there had been relatively few complaints about the program, no actionable indecency had been broadcast. The FCC dismissed this argument, noting that we find it sufficient to observe that a show s general popularity cannot insulate it from a determination that certain material broadcast was indecent
Debevoise: Delaware Chancery Court Strikes Down Director-Imposed S... Feb 17, 2000
Chesapeake Corp. v. Shore, Civil Action No. 17626 (Del. Its charter did not preclude stockholder action by consent
Morrison & Foerster: Broadband Initiatives Feb 01, 2000
The cable company's coaxial cable is a fast, broadband facility, but those facilities still have not been universally converted to a bi-directional mode suitable for Internet services. Both the telephone companies and the cable companies understand the market potential of high-speed, broadband Internet access and have upgraded their technology and services accordingly
Morrison & Foerster: Broadband Initiatives Feb 01, 2000
The cable company's coaxial cable is a fast, broadband facility, but those facilities still have not been universally converted to a bi-directional mode suitable for Internet services. Both the telephone companies and the cable companies understand the market potential of high-speed, broadband Internet access and have upgraded their technology and services accordingly
Morrison & Foerster: Broadband Initiatives Feb 01, 2000
The cable company's coaxial cable is a fast, broadband facility, but those facilities still have not been universally converted to a bi-directional mode suitable for Internet services. Both the telephone companies and the cable companies understand the market potential of high-speed, broadband Internet access and have upgraded their technology and services accordingly
Morrison & Foerster: Broadband Initiatives Feb 01, 2000
The cable company's coaxial cable is a fast, broadband facility, but those facilities still have not been universally converted to a bi-directional mode suitable for Internet services. Both the telephone companies and the cable companies understand the market potential of high-speed, broadband Internet access and have upgraded their technology and services accordingly
Testa: FTC Releases Children?s Online Privacy Rules Jan 04, 2000
TH&T | Publications | Article Search Results A:link {color:"#003399"; text-decoration: none; } A:visited {color:"#003399"; text-decoration: none } A:hover {color:"red"; background: "#FFFFCC";} 0t. Described in further detail below, the rules also apply to Internet Service Providers who collect personal information from children and to general audience websites if information is knowingly collected from children
Rutan & Tucker: Unraveling The Mysteries Of The No Contest Clause Nov 01, 1999
A no contest clause is a provision in a will or a trust that penalizes a beneficiary who brings a contest. Put another way, a no contest clause places a condition on the gifts to the beneficiaries
Shearman & Sterling: Delaware Supreme Court Affirms Mentor Graphics Decision... Nov 01, 1999
Delaware Supreme Court Affirms Mentor Graphics Decision Striking Down "No Hand" Poison Pill. Broad Decision Makes Clear No Delayed Redemption Feature Will Be Enforceable in Delaware
Miller & Chevalier: Harbor Maintenance Fee: Court of International Trade Di... Aug 30, 1999
The court's decision leaves the remaining case contesting HMF payments on imports, Amoco Oil Company v. United States, to argue the merits. But that case did not address whether the HMF, as applied to imports, is unconstitutional
FROF: Even "Perfect Couples" Need a Prenuptial Agre... Jun 15, 1999
...open("/inside/attorney.asp?IC=y aID,'_blank','menu=yes,height=410,width=630,scrollbars=yes,toolbar=yes,location=no,directories=no,status=no,resizable=yes'); } Even "Perfect Couples" Need a Prenuptial Agreement by Jane E. Lessner What is a Prenuptial Agreement? A prenuptial agreement is a legal contract between two adults that is intended to become effective when they marry. The contract can define the parties` rights and responsibilities, and may include as many issues as the bride and groom
Weil: Third Circuit Construes Pennsylvania Control Share Stat... Jun 01, 1999
Feb. 18, 1999), held that the voting disqualification threshold in the Pennsylvania Control Share Acquisitions Statute, which the court described as a complex and confusingly drafted statute, is not triggered until the total ownership by an acquiring person of a corporation s outstanding shares exceeds 20 percent. Thus, when the acquiring person s holdings actually reach the 20% threshold, all of the stock it has acquired, even that acquired before it reached the threshold, is deemed control
Rutan & Tucker: Probate and Trust Litigation: Avoiding Conflicts of Int... Feb 01, 1999
I. Avoiding Conflicts of Interest A. Know the Rule. D. Not necessary to have an attorney-client relationship to create a conflict
Chadbourne & Parke: Foster Families Gain Greater Rights in Landmark Case Li... Feb 01, 1999
Ms. Rodriguez was not present because she was attending a court session regarding the custody of her grandson. It took more than three months for the agency to give her written notice of Andrew s removal and her right to contest that removal
Morris Nichols: Delaware Supreme Court Affirms Quickturn Jan 04, 1999
31, 1998) the Delaware Supreme Court affirmed the decision of the Court of Chancery handed down earlier that month in Mentor Graphics Corp. v. Quickturn Design Systems, Inc., C.A. Nos. The Supreme Court's decision in Quickturn brings full circle the Delaware courts' recent consideration of efforts by incumbent directors to limit redemption of rights issued under a shareholder rights plan in the face of a proxy contest
Debevoise: Delaware Supreme Court Closes Door on "No Hand"... Jan 04, 1999
...pubid=132319732001=4yes','link','width=617,height=550,menubar=yes,location=yes,scrollbars,left=0,top=0'); } Delaware Supreme Court Closes Door on "No Hand" Poison Pill By Meredith M Brown and William D RegnerJanuary 4, 1999 On December 31, 1998, the Delaware Supreme Court affirmed, on broad statutory grounds, a recent Chancery Court decision striking down a "no hand" poison pill. Quickturn Design Systems, Inc. v. Shapiro, No. 511, 1998 (Del
Debevoise: "No Hand" Poison Pill Struck Down by Delaware C... Dec 07, 1998
...pubid=132632732001=4yes','link','width=617,height=550,menubar=yes,location=yes,scrollbars,left=0,top=0'); } "No Hand" Poison Pill Struck Down by Delaware Chancery Court By Meredith M Brown and William D RegnerDecember 7, 1998 Last week, a Delaware court struck down a poison pill that could not be redeemed by any directors for a limited period of time after a board election, if the redemption was reasonably likely to facilitate a business combination with someone who backed the election of new
Shaw Pittman: New Development on Grijalva: Appeals Court Ruling May S... Dec 01, 1998
Alert Title: Government Regulation/Health Law Date: 12/01/1998 Topic: New Development on Grijalva: Appeals Court Ruling May Subject Medicare HMOs to Strict Notice and Appeals Requirements Alert: A recent decision by the United States Court of Appeals for the Ninth Circuit could have far reaching implications for Medicare health management organizations ( HMOs ) and other Medicare managed care organizations throughout the country. On November 12, 1998, the Ninth Circuit denied a request by the
Weil: From "Dead Hand"To "No Hand": Poiso... Oct 01, 1998
Replace Font Tag Business & Securities Litigator From Dead Hand To No Hand : Poison Pills After Carmody And Invacare October 1998 By Richard W. Slack and Daniel S. Cahill The Court of Chancery of the State of Delaware in Carmody v. Toll Brothers, Inc.,1 recently refused to dismiss a complaint challenging a continuing director provision in a shareholder rights plan (sometimes referred to as a poison pill ) adopted by Toll Brothers, Inc., a Delaware corporation. The two prior decisions, one by the
Shearman & Sterling: Delaware Chancery Court Upholds Challenge to "Dead... Aug 01, 1998
...g., where limited in duration, added to an existing plan or incorporated into a new plan in the context of an actual takeover attempt, or set forth in a certificate of incorporation) -- may be challenged successfully as invalid even when no specific takeover action is underway. While the Carmody decision, authored by Vice Chancellor Jacobs, is not definitive because it was on an early motion to dismiss rather than on the merits of a full case, it represents a significant development in corporate
Debevoise: Delaware Court Allows Challenge to ?Dead Hand? Poison P... Jul 27, 1998
Carmody v. Toll Brothers, Inc., C.A. No. 15983. In their strongest form, these provisions render futile the strategy of waging a proxy contest to elect a slate committed to redeeming the pill, because even if the insurgent directors were elected, they wouldn’t be “continuing directors” and so would lack the power to redeem the pill
Baker Botts: Inventorship and Deceptive Intent Jun 01, 1998
1997), recently determined that correction of inventorship to an issued patent under 35 U.S.C. § 256 (1994) allows deletion of a named inventor whether that error occurred by deception or innocent mistake and addition or substitution of an unnamed inventor so long as the unnamed inventor is free of deceptive intent. The decision promotes postponing an inventorship contest until the patent issues and discourages an unnamed inventor from alleging deceptive intent on the part of the named inventor
Ober Kaler: Tax Court Review of Worker Classification Apr 01, 1998
King & Spalding: Corporate Governance Mar 02, 1998
Proxy contests have become increasingly popular in recent years for a number of reasons. Accordingly, an insurgent may often find that initiating a proxy contest, either with or without an accompanying tender offer, may be the most effective way of achieving his objectives
Weil: Delaware Court Addresses Corporate Governance Issues In... Jan 01, 1998
July 31, 1997), raises several noteworthy corporate governance issues in the unique context of a corporation whose only asset was a bank controlled by the federal government. During this time period, Security Investments had no assets of value, forfeited its corporate charter and preserved the corporate entity solely as a vehicle to pursue litigation
Testa: An OSHA Nightmare Dec 01, 1996
TH&T | Publications | Article Search Results A:link {color:"#003399"; text-decoration: none; } A:visited {color:"#003399"; text-decoration: none } A:hover {color:"red"; background: "#FFFFCC";} 0t. Manganas denied the allegations and filed a notice of contest with the Occupational Safety and Health Review Commission (“OSHRC”)
Laughlin: Legal Update (Workers' Compensation Fraud; Discrim... Jun 01, 1996
Ultimately, she entered a plea of "nolo contendere" (no contest) to one felony of violating Insurance Code Section 1871. Insurance Code Section provides: "Any person convicted of workers' compensation fraud ...shall be ineligible to receive or retain any compensation... where that compensation was owed or received as a result of {the fraud}." The WC judge concluded that applicant was not barred from receiving workers' compensation benefits as a result of the plea of no contest
Heller Ehrman: The Internet will Revolutionize Services and Content Mar 27, 1996
We will leave to others the task of interpreting the rules of ethics, not least because it is very hard, even for individuals culturally and juridically well-versed, to try to contest the theories of those who make their own rules and then interpret them at will. Antonio Calabro has argued (Sole 24 Ore, March 22) that "the new economy is not an invention of imaginative futurologists; ...it revolutionizes the organization of work, well past the very frontiers of the end of Fordism"
Arnold & Porter: Richard E. Baltz Dec 01, 1988
Arnold r LLP - Attorneys - Richard Baltz function MM_swapImgRestore() { //v3. open("pop/mailpage.cfm?theurl="+theurl,"mailwin","width=400,height=280, status=no,scrollbars=yes,location=no,toolbar=no,menubar=no,resizable=yes"); } function Start(page) { OpenWin = this
Robeson County Beauty Loses Contest
Facts After winning a public contest, Rebecca C. Revels was designated "Miss North Carolina 2002" by the Miss North Carolina Pageant Organization, Inc. After her victory, Ms. Revels signed "The Miss America Organization Application and Contract" setting forth her duties and obligations in connection with the Miss America National Finals. Ms. Revels signed the Application and Contract, but the Miss America Organization did not sign the contract
Vol. II
They Meant What They Said: Pennsylvania’s Highest Court Reviews High Profile Public Project Bidding Statute A Call for Bridge Designers: West Point Bicentennial Engineering Design Contest The Commonwealth Court of Pennsylvania Issues One of the First Decisions Interpreting Pennsylvania’s New Procurement Code Proper Drafting Vital to Indemnity for Contractually Assumed Obligations Violation of a New York Building Code Is Not Negligence Per Se (Maybe) As BUILT. Has Arbitration Become Arbitrary
Over the Counter
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Over the Counter
...lt="none";//LINK TRACKING hbx. Your idea is an essay contest on how Cold EZ saved the day for a cold sufferer
Know Your Options as a Employer
ATTORNEYS: Jeffrey P. Clark John H. Zawadsky Robert K. Sholl Lynn M. Stathas Donald P. Gallo David J. Sisson Raymond M. Roder Christopher P. Banaszak Carolyn A. Sullivan John G. Pawley Robert J. Muten Daryll J. Neuser Kirstin A. Goetz Martin A. Machtan 1000 North Water Street P.O. Box 2965 Milwaukee, Wisconsin 53201-2965 414-298-1000 800-553-6215 22 East Mifflin Street P.O. Box 2018 Madison, Wisconsin 53701-2018 608-229-2200 800-728-6239 W233 N2080 Ridgeview Parkway P.O. Box 2265 Waukesha,
McDermott
HR 2728, Reasonable Exceptions to Filing Requirements: This bill would overrule a decision by a court of appeals and make clear that employers who have sound excuses for failing to timely contest an OSHA citation would be able to seek relief under criteria like that in Federal Rule of Civil Procedure 60. Future Action The bills will now go to the Senate
Mentor Graphics Corp. v. Quickturn Design Systems
...n its most recent decision on "poison pill" provisions,theDelawareChanceryCourtonDecember 2 struck down a "no-hand" provision (also known as a "delayed redemption" and perhaps best. The Court in Mentor Graphics invalidated Quickturn's no-hand provision on a relatively narrow, fact-specificfiduciarydutyanalysissimilartothatfound in Moran v. Household Int'l Inc. ("Moran"), Unocal Corp v. Mesa Petroleum Co. ("Unocal"), and Unitrin, Inc. v. American Gen. Corp. ("Unitrin"), rather than on a statutory
A How-To Guide for Employee Terminations. Vol. 52
PublicationPublication: Association Management Title: A How-To Guide for Employee Terminations Citation: Vol. 52, No. 8 August 1, 2000 Author(s): Christine Kearns The prospect of an employee termination meeting often makes the most seasoned and self-confident association executive uncomfortable. The process need not be time consuming, but it must be thorough
English v. IKON Business Solutions
Jennifer A. Becker David P. Borovsky Shoshana Y. Chazan Chip Cox Edward F. Donohue, III Kathleen M. Ewins Kathleen A. Foley Bruce N. Furukawa Howard M. Garfield Jason A. Geller J. Michael Higginbotham John B. Hook William L. Jacobson Farand C. Kan Anna Kapetanakos Joseph P. McMonigle Douglas J. Melton Robin M. Pearson Jessica B. Rudin Richard J. Sciaroni Steven Sharafian Jennifer W. Suzuki Jeanette Traverso Karen L. Uno Seth E. Watkins Gerald G. Weisbach Irene K. Yesowitch. The Third District
Hotel/Motel Legal Update Volume 3
DAMAGE BY FIRE Many people have never experienced a significant loss by fire or other casualty, and certainly not in the context of dealing with a substantial debt that is secured by the damaged property. Although it will not be the lender's proceeds that will be used in the restoration, the lender will have to act like a construction lender in monitoring the construction process, including the plans and specifications that will be used, the contractors who will perform the work, the progress of
Environmental
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If You Can’t Do The Time
This information or any portion thereof may not be copied or disseminated in any form or by any means or downloaded or stored in an electronic database or retrieval system without the express written consent of the American Bar Association. Now, depending on the terms of the proffer agreement, a defendant s proffer statements can be used to impeach the defendant, to rebut contrary testimony from a defense witness, or even to rebut theories raised during the cross-examination of the government s
If You Can’t Do The Time
This information or any portion thereof may not be copied or disseminated in any form or by any means or downloaded or stored in an electronic database or retrieval system without the express written consent of the American Bar Association. Now, depending on the terms of the proffer agreement, a defendant s proffer statements can be used to impeach the defendant, to rebut contrary testimony from a defense witness, or even to rebut theories raised during the cross-examination of the government s
Tax Reform
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05-01-00: IP Update
...com Liable for Copyright Infringement Despite Fair Use Defense Patent/Infringement - A Claim Element in Means-Plus-Function Format Found Not to Invoke § 112, ¶ 6 Where Sufficient Structure Is Recited Patent/PCT - Commissioner s Refusal to Revive Unintentionally Abandoned Case Found to Be Unreasonable Patent/Litigation - Invalidity Rulings Not Reduced to Judgement Are Not Reviewable on Appeal and Will Not Have Collateral Estoppel Effect Only Where Plead As an Affirmative Defense
12-16-03: Moore v. Anderson
Juan C. Araneda Jennifer A. Becker David P. Borovsky Robert J. Buccieri Chip B. Cox Kim Dincel Edward F. Donohue, III Kathleen M. Ewins Howard M. Garfield Jason A. Geller J. Michael Higginbotham John B. Hook William L. Jacobson Anna Kapetanakos Joseph P. McMonigle Douglas J. Melton Jessica B. Rudin Steven Sharafian Jennifer W. Suzuki Jeanette Traverso Karen L. Uno Seth E. Watkins Gerald G. Weisbach Irene K. Yesowitch. The First Appellate District holds that an attorney has no duty to
: Supreme Court Opinion
NOTICE: This opinion is subject to formal revision before publication in the preliminary print of the United States Reports. Readers are requested to notify the Reporter of Decisions, Supreme Court of the United States, Washington, D. C. 20543, of any typographical or other formal errors, in order that corrections may be made before the preliminary print goes to press
Akin Gump: New Internet Technology Permits New Proxy Contest Techn...
Mr. Cowell's transaction experience includes registered Rule 144A, and private debt and equity securities offerings, including secondary and initial public offerings; commercial paper and medium-term note programs; securitizations; and credit facilities. He has participated in developing a number of unique financing techniques for investment banking clients, including a variable coupon renewable notes product and a gold-backed note facility
Akin Gump: Leading Lawyers
...ou know the old saw: Clients hire the lawyer, not the firm. But there's also, obviously, a lot of power in the idea that clients want a trusted adviser, not necessarily the firm with the "best" reputation
Briggs & Morgan: OSHA Inspections and Citations Guide
...lt="none";//LINK TRACKING hbx. Pro Bono: Briggs Team Obtains Reversal of Death Penalty Inside Briggs Briggs Announces Seven New Shareholders Securities Attorney David Rosedahl Joins Briggs Environmental Attorney Jeffrey Sepesi Joins Briggs Thank you for visiting the Briggs and Morgan Web site
Curtis Mallet-Prevost: Enforcement of a U.S. Judgement in Colombia
Article 694 specifies seven prerequisites for enforcing a judgment: (1) that it does not implicate real property interests in goods located in Colombia; (2) that it is not contrary to Colombian laws reflecting public policy (orden público); (3) that it complies with the foreign country's formalities of execution, authentication and legalization; (4) that it does not concern a matter within the exclusive jurisdiction of the Colombian courts; (5) that its subject matter is not involved in any
Davis Wright Tremaine: Recognition of Well-known Trademarks
Paris Convention does not specify measures for protection of well-known trademarks or their recognition procedures, leaving room for each signatory country to decide how it wishes to address these matters. In 1996, the State Administration of Industry and Commerce of China (SAIC) published the Interim Rules on Recognition and Protection of Well-known Trademarks pursuant to the Trademark Law of the People s Republic of China ( Trademark Law ), and its implementation rules ( 1996 Rule ), which was
Downs Rachlin Martin: Legal Advice for TBI Victims and their Families
The limitations in health insurance policies are often subject to interpretation and procedures may be available to contest denials. If the person at fault does not have insurance or the insurance is inadequate, compensation may be available under the un-insured or underinsured provisions of the victim s own automobile insurance coverage
Epstein Becker & Green: PDF
Resurgens Plaza 945 East Paces Ferry Road Suite 2700 ATLANTA, GA 30326 (404) 923-9000 111 Huntington Avenue 26th Floor BOSTON, MA 02199 (617) 342-4000 150 North Michigan Avenue Suite 420 CHICAGO, IL 60601-7553 (312) 499-1400 12750 Merit Drive Suite 1320 DALLAS, TX 75251-1299 (972) 628-2450 Wells Fargo Plaza 1000 Louisiana, Suite 5400 HOUSTON, TX 77002-5013 (713) 750-3100 1875 Century Park East Suite 500 LOS ANGELES, CA 90067-2506 (310) 556-8861 250 Park Avenue NEW YORK, NY 10177-1211 (212)
Epstein Becker & Green: PDF
Ari J. Markenson Carrie L. Kissick * Recent HHS Departmental Appeals Board Case Emphasizes That Survey Procedure May Not Be Challenged by Appeal to the DAB. Resurgens Plaza 945 East Paces Ferry Road Suite 2700 ATLANTA, GA 30326 (404) 923-9000 111 Huntington Avenue 26th Floor BOSTON, MA 02199 (617) 342-4000 150 North Michigan Avenue Suite 420 CHICAGO, IL 60601-7553 (312) 499-1400 Lincoln Plaza 500 N. Akard Suite 2700 Dallas, TX 75201-3320 (214) 397-4300 Wells Fargo Plaza 1000 Louisiana, Suite
Fried Frank: Proxy Contests in France
This change is largely the result of a shift in French market mentality, driven by increased investment in French stocks by nonFrench investment funds. Groupe André and Eurotunnel Two large proxy contests illustrate the current trend toward greater shareholder activism
Fried Frank: OMB Circular A-76 Update - GAO Issues First Decision Ad...
...xsp; No. 04-3-1 OMB Circular A-76 Update: GAO Issues First Decision Addressing Question of Federal Employee Standing Under Revised OMB Circular A-76 On March 30, 2004, the U.S. General Accounting Office (GAO) issued the first decision to address whether it may consider bid protests brought by Federal employees or their representatives regarding decisions made by agencies pursuant to the recently-overhauled OMB Circular A-76. Although the GAO's decision does not resolve the important and
Frost Brown Todd: Don''t Take A Chance When Running Sweepstakes
Gardner Carton: Illinois Employer Alert: Illinois Supreme Court Finds C...
ILLINOIS EMPLOYER ALERT: Illinois Supreme Court Finds Continuing Contractual Obligations Under Obsolete Employee Handbook. In a long-awaited decision, the Illinois Supreme Court has held that employees may have a cause of action for breach of contract based on provisions of an employee handbook even though the handbook was superseded by later editions specifically disclaiming a contractual commitment
Goodwin Procter: Spotlight on IP Legislation
FOCUSING ON INTELLECTUAL PROPERTY AND TECHNOLOGY ISSUES IN LAW AND COMMERCE. Among other things, the bill legislatively defines a "business method," permits early publication of the patent application, provides for limited public participation in the examination process, establishes a post-grant opposition proceeding for parties to contest validity, establishes a "preponderance of the evidence" standard for proving that a patent is invalid, and establishes a presumption of obviousness under
Gray Cary: SEC Proposes New Director Nomination Rules
In August, the SEC proposed rules requiring greater disclosure about the director nomination process and the ability of shareholders to communicate with directors. The latest proposed rules would require public companies, under certain circumstances, to include in their proxy materials shareholder nominees for election as directors
Honigman Miller: Supreme Court Splits on Wetlands Issue
To allow the roots to penetrate deep enough into the soil, however, the clay pan had to be breached. In Tsakopoulos's view, deep ripping was not an activity that was prohibited under the Clean Water Act, and therefore, it did not require a permit under Section 404
Masuda Funai: Occupational Safety & Health Act: Rights and Responsibi...
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Morris: "Insurance Company Appeals Silent PPO Ruling"...
ERISA allows hospital-assignees to recover benefits from a patient-assignor's insurance company following an improper denial of benefits. The insurer had no contract with the hospital giving it discount rights, and the patient was not enrolled in the PPO through which the discount was taken
Riker Danzig: 2/97 Appellate Division Holds That a Property Owner i...
Riker Danzig Article (199) 2/97 Appellate Division Holds That a Property Owner is Not Entitled to a Hearing to Challenge the Issuance of a Permit to Disturb Wetlands Located on Adjacent Property From Riker Danzig Environmental UPDATE, February 1997 The Appellate Division recently upheld NJDEP's denial of a hearing request made by adjacent property owners to contest NJDEP's grant of permits and waivers pursuant to the Freshwater Wetlands Protection Act (the "Wetands Act") that authorized their
Riker Danzig: 4/00 Third-Party Challenges to Permits Difficult to M...
Another case, of first impression, also forecloses the ability to use the Environmental Rights Act (“ERA”) as a vehicle for challenging a permit. I/M/O Stream Encroachment Permit No. 1411-90-0006
Riker Danzig: 3/99 The Admissions Process: Due Process Rights
No. A-1615-97T2 (App. Moreover, J.A. claimed that the form used by the Board in notifying her of its decision violated her rights to due process by failing to include either a statement of reasons for the denial of the application or specific details about the appeals procedure
Sidley Austin: Tax Practice Alert - Illinois Department of Revenue Iss...
Stoel Rives: Meta Tags and Ghost Text
Hidden from normal Web surfers but readable by search engines, they are critically important in driving lost or searching consumers to particular sites. Upon leaving the highway the customer discovers that it is not the store that is advertised, but decides to patronize the store anyway
Ulmer & Berne: Late-Filed OSHA Contests Cannot Be Considered
The issue before the 2nd Circuit Court of Appeals arose as a result of the language of the act which says that if the employer fails to file a timely Notice of Contest, the OSHA citation and penalty assessment "shall be deemed a final order of the commission and not subject to review by any court or agency." If a timely Notice of Contest is filed, the jurisdiction of the Review Commission is invoked and the case will proceed to litigation. The envelope containing the OSHA citation slipped under
Ulmer & Berne: Final Regulations Issued on Adequate Disclosure of Gift...
The most common way that the value of a gift is "finally determined" is if the gift is adequately disclosed on a gift tax return, or on a statement attached to the return, and the IRS does not contest the value before the statute of limitations expires. Detailed information about the transaction was generally not required
Ulmer & Berne: News from the Workers' Compensation Group
He has more than nine years of experience defending workers' compensation claims, mandamus actions, VSSR claims, intentional tort suits and rate/premium contest issues. Eidelberg also defends employers in non-coverage claims and retroactive premium issues
Ulmer & Berne: Year 2000 Reappraisal Real Estate Taxes Too High? File ...
File a Complaint by Bill Gagliano Real Estate Law Letter Winter 2000 On December 20, the Cuyahoga County Treasurer mailed its annual "holiday greetings" to all real property owners in the County. This year's greeting, commonly known as your real estate tax bill, likely brings with it a special surprise - a sizable increase in the valuation of your property
Vandeventer Black: Unemployment Claims ? To Fight or Not To Fight?
Unemployment Claims – To Fight or Not To Fight. Home Firm Profile Attorneys Areas of Practice News Releases Articles Publications Cases Firm Directory Links Employment Elite Webview Login Builders and Contractors Exchange Weekly Bulletin 03 Mar 2003 Unemployment Claims - To Fight or Not To Fight
White & Case: The World Bank Group
More Development Committee Paper on HIPC Initiative & Debt Sustainability (145k pdf) New Debt Sustainability Framework Developing Countries: Emerging Challenges Helping Countries Overcome Shocks Facts & Figures FAQs on Debt Relief 10 Things You Didn't Know About Debt Issues Forums: Comment on Debt Sustainability Speak Out: Vikram Nehru World Bank Debt Website Available in: Espa;ol, Français, ;;;;;;; Oil has been flowing through the Chad-Cameroon pipeline since July 2003. How best to use the
Wiley Rein & Fielding: FCC Active on Indecency Front
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Wiley Rein & Fielding: I v. I Exclusion Inapplicable to Action by Debtor-in-Po...
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Wiley Rein & Fielding: Court Holds Insurer Properly Rescinded D&O Policy Based...
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Wyatt: Win a Vacation to Hawaii - or a Lawsuit in Nebraska
WIN A VACATION TO HAWAII -- OR A LAWSUIT IN NEBRASKA (How to conduct contests and sweepstakes on the Internet) By Steven L. Snyder Win a vacation to Hawaii -- would an offer like that intrigue you. Many e-merchants believe sweepstakes and contests are a cost-effective means of attracting viewers to their web sites
Wyatt: E-Commerce: The Threat of Long-Arm Jurisdiction
Not only must a defendant have minimum contacts with the jurisdiction, the defendant must have fair warning that its activities or contacts will expose the defendant to a lawsuit in that forum. Courts have struggled to apply the International Shoe test to the new Internet economy
Over the Counter
...lt="none";//LINK TRACKING hbx. Your idea is an essay contest on how Cold EZ saved the day for a cold sufferer
Know Your Options as a Employer
ATTORNEYS: Jeffrey P. Clark John H. Zawadsky Robert K. Sholl Lynn M. Stathas Donald P. Gallo David J. Sisson Raymond M. Roder Christopher P. Banaszak Carolyn A. Sullivan John G. Pawley Robert J. Muten Daryll J. Neuser Kirstin A. Goetz Martin A. Machtan 1000 North Water Street P.O. Box 2965 Milwaukee, Wisconsin 53201-2965 414-298-1000 800-553-6215 22 East Mifflin Street P.O. Box 2018 Madison, Wisconsin 53701-2018 608-229-2200 800-728-6239 W233 N2080 Ridgeview Parkway P.O. Box 2265 Waukesha,
McDermott
HR 2728, Reasonable Exceptions to Filing Requirements: This bill would overrule a decision by a court of appeals and make clear that employers who have sound excuses for failing to timely contest an OSHA citation would be able to seek relief under criteria like that in Federal Rule of Civil Procedure 60. Future Action The bills will now go to the Senate
Mentor Graphics Corp. v. Quickturn Design Systems
...n its most recent decision on "poison pill" provisions,theDelawareChanceryCourtonDecember 2 struck down a "no-hand" provision (also known as a "delayed redemption" and perhaps best. The Court in Mentor Graphics invalidated Quickturn's no-hand provision on a relatively narrow, fact-specificfiduciarydutyanalysissimilartothatfound in Moran v. Household Int'l Inc. ("Moran"), Unocal Corp v. Mesa Petroleum Co. ("Unocal"), and Unitrin, Inc. v. American Gen. Corp. ("Unitrin"), rather than on a statutory
A How-To Guide for Employee Terminations. Vol. 52
PublicationPublication: Association Management Title: A How-To Guide for Employee Terminations Citation: Vol. 52, No. 8 August 1, 2000 Author(s): Christine Kearns The prospect of an employee termination meeting often makes the most seasoned and self-confident association executive uncomfortable. The process need not be time consuming, but it must be thorough
Hotel/Motel Legal Update Volume 3
DAMAGE BY FIRE Many people have never experienced a significant loss by fire or other casualty, and certainly not in the context of dealing with a substantial debt that is secured by the damaged property. Although it will not be the lender's proceeds that will be used in the restoration, the lender will have to act like a construction lender in monitoring the construction process, including the plans and specifications that will be used, the contractors who will perform the work, the progress of
Environmental
...com // It gets around another unfortunate bug whereby Netscape // fires a resize event when the scrollbars pop up. -1)) { // some versions of quicktime have no description
New Corporate Governance Issues
The theme of the conference was that there is now a crisis in corporate governance as many investors have lost trust in corporate management and corporate boards. If one wants verification of this phenomenon, one only has to look to the cover of the May 6 Issue of "Business Week." The headline on the cover reads as follows: "The Crisis in Corporate Governance Excessive Pay, Weak Leadership, Corrupt Analysts, Complacent Boards, Questionable Accounting." (There still may be hope, however,
Bulletin 01-15
...com // It gets around another unfortunate bug whereby Netscape // fires a resize event when the scrollbars pop up. -1)) { // some versions of quicktime have no description
Bulletin 00-07
...com // It gets around another unfortunate bug whereby Netscape // fires a resize event when the scrollbars pop up. -1)) { // some versions of quicktime have no description
The Outlook for U.S. Sanctions Policy in 2001
There is now stronger support in Congress for a shift away from sanctions and toward greater engagement with U.S. "states of concern" in pursuit of U.S. foreign policy goals. Moreover, key officials in the Bush administration appear to understand the pitfalls of sanctions as an instrument of foreign policy, including the way in which sanctions undermine U.S. economic interests
Bulletin 03-04
BULLETIN NO. 03-03 MAY 5, 2003. State Farm Mutual Automobile Insurance Co. v. Campbell, No. 01-1289, 2003 WL 1791206 (2003)
05-01-00: IP Update
...com Liable for Copyright Infringement Despite Fair Use Defense Patent/Infringement - A Claim Element in Means-Plus-Function Format Found Not to Invoke § 112, ¶ 6 Where Sufficient Structure Is Recited Patent/PCT - Commissioner s Refusal to Revive Unintentionally Abandoned Case Found to Be Unreasonable Patent/Litigation - Invalidity Rulings Not Reduced to Judgement Are Not Reviewable on Appeal and Will Not Have Collateral Estoppel Effect Only Where Plead As an Affirmative Defense
05-01-00: IP Update
...com Liable for Copyright Infringement Despite Fair Use Defense Patent/Infringement - A Claim Element in Means-Plus-Function Format Found Not to Invoke § 112, ¶ 6 Where Sufficient Structure Is Recited Patent/PCT - Commissioner s Refusal to Revive Unintentionally Abandoned Case Found to Be Unreasonable Patent/Litigation - Invalidity Rulings Not Reduced to Judgement Are Not Reviewable on Appeal and Will Not Have Collateral Estoppel Effect Only Where Plead As an Affirmative Defense
: Supreme Court Opinion
NOTICE: This opinion is subject to formal revision before publication in the preliminary print of the United States Reports. Readers are requested to notify the Reporter of Decisions, Supreme Court of the United States, Washington, D. C. 20543, of any typographical or other formal errors, in order that corrections may be made before the preliminary print goes to press
: Sports Law First Quarter 1999
Proposals to enact federal legislation applicable to all sports agents throughout the country, however, have not been acted upon as Congress has been reluctant to venture into the world of occupational or professional regulation, which has historically been left to the states (e. " "Student-athlete" means an individual who engages in, is eligible to engage in, or may be eligible in the future to engage in, any intercollegiate sporting event, contest, exhibition, or program. An application for
: The US Department of Labor Adopts New
...xsp; Keyword Search Home > Publications > Article = 2000) { //do nothing } else { theYear += 1900; } document. write(monthNames[now
Akin Gump: Leading Lawyers
...ou know the old saw: Clients hire the lawyer, not the firm. But there's also, obviously, a lot of power in the idea that clients want a trusted adviser, not necessarily the firm with the "best" reputation
Cooley Godward: More Hunger At Investor Lunches
That's why he came to the Reston office of law firm Cooley Godward LLP last week for Capital Call, a matchmaking lunch for technologists and financiers. At first glance, the gathering brings back memories of the late 1990s, when such beauty-contest events were far more numerous
Davis Wright Tremaine: Recognition of Well-known Trademarks
Paris Convention does not specify measures for protection of well-known trademarks or their recognition procedures, leaving room for each signatory country to decide how it wishes to address these matters. In 1996, the State Administration of Industry and Commerce of China (SAIC) published the Interim Rules on Recognition and Protection of Well-known Trademarks pursuant to the Trademark Law of the People s Republic of China ( Trademark Law ), and its implementation rules ( 1996 Rule ), which was
Davis Wright Tremaine: Tenth Circuit Ruling Gives Limited Water Supplies to Si...
...xsp; Legal Services Advisory Bulletins Useful Web Links Events & Meetings Environmental Search printable version Tenth Circuit Ruling Gives Limited Water Supplies to Silvery Minnow Ahead of Irrigation Districts and Cities In New Mexico By James P. Walsh [July 2003] In a decision that is already making big new political waves in Congress over the impact of the Endangered Species Act on the allocation of scarce water supplies in the West, the Tenth Circuit Court of Appeals on June 12, 2003 ruled
Dickstein Shapiro: Going Toe to Toe
WEEK OF SEPTEMBER 27, 2004 · VOL. XXVII, NO. 39. "The president's chair is slightly off the agreed-upon height and direction, and the TV view of him looks weirdly skewed to the left." "The venue is too hot." "The venue is too cold." "The senator's water pitcher was filled too full so now it doesn't look like he's working hard enough." "The president's water pitcher was not filled enough so now it looks like he's sweating it out." (OK, OK, but it could happen
Downs Rachlin Martin: Legal Advice for TBI Victims and their Families
The limitations in health insurance policies are often subject to interpretation and procedures may be available to contest denials. If the person at fault does not have insurance or the insurance is inadequate, compensation may be available under the un-insured or underinsured provisions of the victim s own automobile insurance coverage
Epstein Becker & Green: PDF
Resurgens Plaza 945 East Paces Ferry Road Suite 2700 ATLANTA, GA 30326 (404) 923-9000 111 Huntington Avenue 26th Floor BOSTON, MA 02199 (617) 342-4000 150 North Michigan Avenue Suite 420 CHICAGO, IL 60601-7553 (312) 499-1400 12750 Merit Drive Suite 1320 DALLAS, TX 75251-1299 (972) 628-2450 Wells Fargo Plaza 1000 Louisiana, Suite 5400 HOUSTON, TX 77002-5013 (713) 750-3100 1875 Century Park East Suite 500 LOS ANGELES, CA 90067-2506 (310) 556-8861 250 Park Avenue NEW YORK, NY 10177-1211 (212)
Epstein Becker & Green: PDF
Ari J. Markenson Carrie L. Kissick * Recent HHS Departmental Appeals Board Case Emphasizes That Survey Procedure May Not Be Challenged by Appeal to the DAB. Resurgens Plaza 945 East Paces Ferry Road Suite 2700 ATLANTA, GA 30326 (404) 923-9000 111 Huntington Avenue 26th Floor BOSTON, MA 02199 (617) 342-4000 150 North Michigan Avenue Suite 420 CHICAGO, IL 60601-7553 (312) 499-1400 Lincoln Plaza 500 N. Akard Suite 2700 Dallas, TX 75201-3320 (214) 397-4300 Wells Fargo Plaza 1000 Louisiana, Suite
Epstein Becker & Green: PDF
Knowing the Rights to a Federal Appeal Can Prevent a Facility From Being a Victim of a Technicality. Submitting a request for informal dispute resolution to a state agency, however, does not extend the 60-day timeframe to file a hearing request with HHS.
Epstein Becker & Green: Butterworth: Positive Economic Effects Trump Antitrust ...
Butterworth: Positive Economic Effects Trump Antitrust Theory Butterworth: Positive Economic Effects Trump Antitrust Theory By Stuart M. Gerson, Esq. Introduction It has been suggested that an economist is someone who sees something working in fact but questions whether it will work in theory
Epstein Becker & Green: World Wide Web May Mean World Wide Lawsuits
Although the law in this area is in its infancy, it is already clear that certain uses of the Internet will likely give rise to the prospect of litigation in another state, while other uses likely will not. This relationship typically exists in those states in which the company "conducts business" and in which it "causes harm" to another company or person
Fried Frank: Proxy Contests in France
This change is largely the result of a shift in French market mentality, driven by increased investment in French stocks by nonFrench investment funds. Groupe André and Eurotunnel Two large proxy contests illustrate the current trend toward greater shareholder activism
Fried Frank: OMB Circular A-76 Update - GAO Issues First Decision Ad...
...xsp; No. 04-3-1 OMB Circular A-76 Update: GAO Issues First Decision Addressing Question of Federal Employee Standing Under Revised OMB Circular A-76 On March 30, 2004, the U.S. General Accounting Office (GAO) issued the first decision to address whether it may consider bid protests brought by Federal employees or their representatives regarding decisions made by agencies pursuant to the recently-overhauled OMB Circular A-76. Although the GAO's decision does not resolve the important and
Fried Frank: 2004 Supplement to Responses to Takeover Bids: Corporat...
Responses to Takeover Bids: Corporate, SEC, Tactical and Fiduciary Considerations* (BNA Corporate Practice Series, Portfolio No. 6-2nd, 2004 Supp. July, 2004) I. Introduction Note concerning 2004 update: Between publication of the Third Edition of this portfolio in 1997 and the 2000 update, merger and acquisition transactions increased in volume and size, reaching new record levels in 2000
Gardner Carton: Illinois Employer Alert: Illinois Supreme Court Finds C...
ILLINOIS EMPLOYER ALERT: Illinois Supreme Court Finds Continuing Contractual Obligations Under Obsolete Employee Handbook. In a long-awaited decision, the Illinois Supreme Court has held that employees may have a cause of action for breach of contract based on provisions of an employee handbook even though the handbook was superseded by later editions specifically disclaiming a contractual commitment
Goodwin Procter: Spotlight on IP Legislation
FOCUSING ON INTELLECTUAL PROPERTY AND TECHNOLOGY ISSUES IN LAW AND COMMERCE. Among other things, the bill legislatively defines a "business method," permits early publication of the patent application, provides for limited public participation in the examination process, establishes a post-grant opposition proceeding for parties to contest validity, establishes a "preponderance of the evidence" standard for proving that a patent is invalid, and establishes a presumption of obviousness under
Gray Cary: SEC Proposes New Director Nomination Rules
In August, the SEC proposed rules requiring greater disclosure about the director nomination process and the ability of shareholders to communicate with directors. The latest proposed rules would require public companies, under certain circumstances, to include in their proxy materials shareholder nominees for election as directors
Honigman Miller: Supreme Court Splits on Wetlands Issue
To allow the roots to penetrate deep enough into the soil, however, the clay pan had to be breached. In Tsakopoulos's view, deep ripping was not an activity that was prohibited under the Clean Water Act, and therefore, it did not require a permit under Section 404
Honigman Miller: Court Holds That Rendering Plant Is Not A Nuisance "...
Court Holds That Rendering Plant Is Not A Nuisance "By Itself" In the continuing case of Ramik vs. Darling International, Inc., the United States District Court for the Eastern District of Michigan held that a rendering plant is not a "nuisance per se" (a "nuisance by itself") under Michigan law and denied the City of Melvindale's motion for a preliminary injunction that was brought three years into the case. Both the residents and the City alleged that Darling's plant emits noxious odors and
Honigman Miller: Huron Circuit Court: Drainage Ditch is Subject to Wetla...
Huron Circuit Court: Drainage Ditch is Subject to Wetland Regulation if Not Necessary for Agricultural Production. In 1990, Marian's Niece Lenore Wood inherited TOT. Few lots sold by TOT contain what MDEQ has classified as regulated wetlands
Morris: "Insurance Company Appeals Silent PPO Ruling"...
ERISA allows hospital-assignees to recover benefits from a patient-assignor's insurance company following an improper denial of benefits. The insurer had no contract with the hospital giving it discount rights, and the patient was not enrolled in the PPO through which the discount was taken
Morris: Fiduciary Obligations & Mutual Holding Companies
A mutual holding company is only a form of doing business and not a conversion of equity interests. Nature of a Mutual Holding Company The creation of a mutual holding company changes the form under which a mutual insurer does business, but does not affect the equity interests of any policyholder
Morris: Fiduciary Obligations & Mutual Holding Companies
A mutual holding company is only a form of doing business and not a conversion of equity interests. Nature of a Mutual Holding Company The creation of a mutual holding company changes the form under which a mutual insurer does business, but does not affect the equity interests of any policyholder
Reed Smith: Medicare+Choice Fraud and Abuse Provisions Health Law M...
...write(''); } //-- Medicare+Choice Fraud and Abuse Provisions Health Law Monitor Vol. III, No. 2 Health Law Monitor July 1 1998 On June 26, 1998, the Health Care Financing Administration published interim final regulations implementing the Medicare+Choice program ("M+C"). HCFA pointed out that the legislative history of the BBA shows no Congressional intention to subject existing managed care organizations to Stark II, and that Congress explicitly contemplated physician ownership of provider
Shearman & Sterling: Amendments to French Competition Law *
The long-awaited implementing decree1 relating to the competition aspects of the French Act on New Economic Regulations2 (the "Act" or "NER") was published in the Official Journal on May 3, 2002. but do not meet the thresholds that would cause the transaction to fall under the jurisdiction of the EU must be notified
Stroock: Department of Labor Interim Final Rules: ERISA Blackout...
The interim final rules establish procedures relating to the assessment of civil penalties by the Department of Labor (Department) under section 502(c)(7) of ERISA for failures or refusals by plan administrators to provide notices of a blackout period as required by section 101(i) of ERISA. These rules are being published as interim final rules pursuant to the authority granted the Department by section 306(b)(2) of SOA. This document also contains interim final rules making conforming technical
Vorys Sater: Insufficient Discovery And Inadequate Hearings: A Propo...
...lt="none";//LINK TRACKING hbx. 3 To combat this action, Mr. Defendant sought exculpatory evidence from the government regarding the dismissed counts; none was forthcoming
Warner Norcross & Judd: Warner Norcross & Judd Forms Class Action Defense "...
Warner Norcross Forms Class Action Defense "Team". None of his clients have ever suffered an adverse judgment, and only one paid a class settlement
White and Williams: And the Winner of the Web Site Contest Is?
And the Winner of the Web Site Contest Is… var fscontrolTP = new Object(); fscontrolTP.site_pn=location. lt="none";//LINK TRACKING hbx
White and Williams: The Importance of Venue and Forum Selection in Litigati...
...lt="none";//LINK TRACKING hbx. pec="";//ERROR CODES //INSERT CUSTOM EVENTS //END EDITABLE SECTION Publications -- We at White and Williams are proud of the century-old heritage of excellence, innovation and integrity left to us by our predecessors
Wiley Rein & Fielding: D&O Insurer Must Advance Defense Costs if There Is Reas...
...src = "../img/Site_Map_off.gif"; } function turnOn(imageName) { if (document. src'); } } function turnOff(imageName) { if (document
Wyatt: Win a Vacation to Hawaii - or a Lawsuit in Nebraska
WIN A VACATION TO HAWAII -- OR A LAWSUIT IN NEBRASKA (How to conduct contests and sweepstakes on the Internet) By Steven L. Snyder Win a vacation to Hawaii -- would an offer like that intrigue you. Many e-merchants believe sweepstakes and contests are a cost-effective means of attracting viewers to their web sites
Wyatt: E-Commerce: The Threat of Long-Arm Jurisdiction
Not only must a defendant have minimum contacts with the jurisdiction, the defendant must have fair warning that its activities or contacts will expose the defendant to a lawsuit in that forum. Courts have struggled to apply the International Shoe test to the new Internet economy
Over the Counter
...lt="none";//LINK TRACKING hbx. Your idea is an essay contest on how Cold EZ saved the day for a cold sufferer
Know Your Options as a Employer
ATTORNEYS: Jeffrey P. Clark John H. Zawadsky Robert K. Sholl Lynn M. Stathas Donald P. Gallo David J. Sisson Raymond M. Roder Christopher P. Banaszak Carolyn A. Sullivan John G. Pawley Robert J. Muten Daryll J. Neuser Kirstin A. Goetz Martin A. Machtan 1000 North Water Street P.O. Box 2965 Milwaukee, Wisconsin 53201-2965 414-298-1000 800-553-6215 22 East Mifflin Street P.O. Box 2018 Madison, Wisconsin 53701-2018 608-229-2200 800-728-6239 W233 N2080 Ridgeview Parkway P.O. Box 2265 Waukesha,
McDermott
HR 2728, Reasonable Exceptions to Filing Requirements: This bill would overrule a decision by a court of appeals and make clear that employers who have sound excuses for failing to timely contest an OSHA citation would be able to seek relief under criteria like that in Federal Rule of Civil Procedure 60. Future Action The bills will now go to the Senate
Mentor Graphics Corp. v. Quickturn Design Systems
...n its most recent decision on "poison pill" provisions,theDelawareChanceryCourtonDecember 2 struck down a "no-hand" provision (also known as a "delayed redemption" and perhaps best. The Court in Mentor Graphics invalidated Quickturn's no-hand provision on a relatively narrow, fact-specificfiduciarydutyanalysissimilartothatfound in Moran v. Household Int'l Inc. ("Moran"), Unocal Corp v. Mesa Petroleum Co. ("Unocal"), and Unitrin, Inc. v. American Gen. Corp. ("Unitrin"), rather than on a statutory
A How-To Guide for Employee Terminations. Vol. 52
PublicationPublication: Association Management Title: A How-To Guide for Employee Terminations Citation: Vol. 52, No. 8 August 1, 2000 Author(s): Christine Kearns The prospect of an employee termination meeting often makes the most seasoned and self-confident association executive uncomfortable. The process need not be time consuming, but it must be thorough
Hotel/Motel Legal Update Volume 3
DAMAGE BY FIRE Many people have never experienced a significant loss by fire or other casualty, and certainly not in the context of dealing with a substantial debt that is secured by the damaged property. Although it will not be the lender's proceeds that will be used in the restoration, the lender will have to act like a construction lender in monitoring the construction process, including the plans and specifications that will be used, the contractors who will perform the work, the progress of
Environmental
...x-- Our merger announcement:Â 900 Lawyers Just Agreed on Something. (imagine that)
New Corporate Governance Issues
The theme of the conference was that there is now a crisis in corporate governance as many investors have lost trust in corporate management and corporate boards. If one wants verification of this phenomenon, one only has to look to the cover of the May 6 Issue of "Business Week." The headline on the cover reads as follows: "The Crisis in Corporate Governance Excessive Pay, Weak Leadership, Corrupt Analysts, Complacent Boards, Questionable Accounting." (There still may be hope, however,
Bulletin 01-15
...x-- Our merger announcement:Â 900 Lawyers Just Agreed on Something. (imagine that)
Bulletin 00-07
...x-- Our merger announcement:Â 900 Lawyers Just Agreed on Something. (imagine that)
The Outlook for U.S. Sanctions Policy in 2001
There is now stronger support in Congress for a shift away from sanctions and toward greater engagement with U.S. "states of concern" in pursuit of U.S. foreign policy goals. Moreover, key officials in the Bush administration appear to understand the pitfalls of sanctions as an instrument of foreign policy, including the way in which sanctions undermine U.S. economic interests
Bulletin 03-04
BULLETIN NO. 03-03 MAY 5, 2003. State Farm Mutual Automobile Insurance Co. v. Campbell, No. 01-1289, 2003 WL 1791206 (2003)
05-01-00: IP Update
...com Liable for Copyright Infringement Despite Fair Use Defense Patent/Infringement - A Claim Element in Means-Plus-Function Format Found Not to Invoke § 112, ¶ 6 Where Sufficient Structure Is Recited Patent/PCT - Commissioner s Refusal to Revive Unintentionally Abandoned Case Found to Be Unreasonable Patent/Litigation - Invalidity Rulings Not Reduced to Judgement Are Not Reviewable on Appeal and Will Not Have Collateral Estoppel Effect Only Where Plead As an Affirmative Defense
05-01-00: IP Update
...com Liable for Copyright Infringement Despite Fair Use Defense Patent/Infringement - A Claim Element in Means-Plus-Function Format Found Not to Invoke § 112, ¶ 6 Where Sufficient Structure Is Recited Patent/PCT - Commissioner s Refusal to Revive Unintentionally Abandoned Case Found to Be Unreasonable Patent/Litigation - Invalidity Rulings Not Reduced to Judgement Are Not Reviewable on Appeal and Will Not Have Collateral Estoppel Effect Only Where Plead As an Affirmative Defense
: Supreme Court Opinion
NOTICE: This opinion is subject to formal revision before publication in the preliminary print of the United States Reports. Readers are requested to notify the Reporter of Decisions, Supreme Court of the United States, Washington, D. C. 20543, of any typographical or other formal errors, in order that corrections may be made before the preliminary print goes to press
: The US Department of Labor Adopts New
...xsp; Keyword Search Home > Publications > Article = 2000) { //do nothing } else { theYear += 1900; } document. write(monthNames[now
Akin Gump: Leading Lawyers
...ou know the old saw: Clients hire the lawyer, not the firm. But there's also, obviously, a lot of power in the idea that clients want a trusted adviser, not necessarily the firm with the "best" reputation
Cooley Godward: More Hunger At Investor Lunches
That's why he came to the Reston office of law firm Cooley Godward LLP last week for Capital Call, a matchmaking lunch for technologists and financiers. At first glance, the gathering brings back memories of the late 1990s, when such beauty-contest events were far more numerous
Curtis Mallet-Prevost: Enforcement of a U.S. Judgement in Colombia
Article 694 specifies seven prerequisites for enforcing a judgment: (1) that it does not implicate real property interests in goods located in Colombia; (2) that it is not contrary to Colombian laws reflecting public policy (orden público); (3) that it complies with the foreign country's formalities of execution, authentication and legalization; (4) that it does not concern a matter within the exclusive jurisdiction of the Colombian courts; (5) that its subject matter is not involved in any
Davis Wright Tremaine: Recognition of Well-known Trademarks
Paris Convention does not specify measures for protection of well-known trademarks or their recognition procedures, leaving room for each signatory country to decide how it wishes to address these matters. In 1996, the State Administration of Industry and Commerce of China (SAIC) published the Interim Rules on Recognition and Protection of Well-known Trademarks pursuant to the Trademark Law of the People s Republic of China ( Trademark Law ), and its implementation rules ( 1996 Rule ), which was
Davis Wright Tremaine: Tenth Circuit Ruling Gives Limited Water Supplies to Si...
...xsp; Legal Services Advisory Bulletins Useful Web Links Events & Meetings Environmental Search printable version Tenth Circuit Ruling Gives Limited Water Supplies to Silvery Minnow Ahead of Irrigation Districts and Cities In New Mexico By James P. Walsh [July 2003] In a decision that is already making big new political waves in Congress over the impact of the Endangered Species Act on the allocation of scarce water supplies in the West, the Tenth Circuit Court of Appeals on June 12, 2003 ruled
Dickstein Shapiro: Going Toe to Toe
WEEK OF SEPTEMBER 27, 2004 · VOL. XXVII, NO. 39. "The president's chair is slightly off the agreed-upon height and direction, and the TV view of him looks weirdly skewed to the left." "The venue is too hot." "The venue is too cold." "The senator's water pitcher was filled too full so now it doesn't look like he's working hard enough." "The president's water pitcher was not filled enough so now it looks like he's sweating it out." (OK, OK, but it could happen
Downs Rachlin Martin: Legal Advice for TBI Victims and their Families
The limitations in health insurance policies are often subject to interpretation and procedures may be available to contest denials. If the person at fault does not have insurance or the insurance is inadequate, compensation may be available under the un-insured or underinsured provisions of the victim s own automobile insurance coverage
Epstein Becker & Green: PDF
Ari J. Markenson Carrie L. Kissick * Recent HHS Departmental Appeals Board Case Emphasizes That Survey Procedure May Not Be Challenged by Appeal to the DAB. Resurgens Plaza 945 East Paces Ferry Road Suite 2700 ATLANTA, GA 30326 (404) 923-9000 111 Huntington Avenue 26th Floor BOSTON, MA 02199 (617) 342-4000 150 North Michigan Avenue Suite 420 CHICAGO, IL 60601-7553 (312) 499-1400 Lincoln Plaza 500 N. Akard Suite 2700 Dallas, TX 75201-3320 (214) 397-4300 Wells Fargo Plaza 1000 Louisiana, Suite
Epstein Becker & Green: PDF
Resurgens Plaza 945 East Paces Ferry Road Suite 2700 ATLANTA, GA 30326 (404) 923-9000 111 Huntington Avenue 26th Floor BOSTON, MA 02199 (617) 342-4000 150 North Michigan Avenue Suite 420 CHICAGO, IL 60601-7553 (312) 499-1400 12750 Merit Drive Suite 1320 DALLAS, TX 75251-1299 (972) 628-2450 Wells Fargo Plaza 1000 Louisiana, Suite 5400 HOUSTON, TX 77002-5013 (713) 750-3100 1875 Century Park East Suite 500 LOS ANGELES, CA 90067-2506 (310) 556-8861 250 Park Avenue NEW YORK, NY 10177-1211 (212)
Epstein Becker & Green: PDF
Knowing the Rights to a Federal Appeal Can Prevent a Facility From Being a Victim of a Technicality. Submitting a request for informal dispute resolution to a state agency, however, does not extend the 60-day timeframe to file a hearing request with HHS.
Epstein Becker & Green: Butterworth: Positive Economic Effects Trump Antitrust ...
Butterworth: Positive Economic Effects Trump Antitrust Theory Butterworth: Positive Economic Effects Trump Antitrust Theory By Stuart M. Gerson, Esq. Introduction It has been suggested that an economist is someone who sees something working in fact but questions whether it will work in theory
Fried Frank: Proxy Contests in France
This change is largely the result of a shift in French market mentality, driven by increased investment in French stocks by nonFrench investment funds. Groupe André and Eurotunnel Two large proxy contests illustrate the current trend toward greater shareholder activism
Fried Frank: OMB Circular A-76 Update - GAO Issues First Decision Ad...
...xsp; No. 04-3-1 OMB Circular A-76 Update: GAO Issues First Decision Addressing Question of Federal Employee Standing Under Revised OMB Circular A-76 On March 30, 2004, the U.S. General Accounting Office (GAO) issued the first decision to address whether it may consider bid protests brought by Federal employees or their representatives regarding decisions made by agencies pursuant to the recently-overhauled OMB Circular A-76. Although the GAO's decision does not resolve the important and
Fried Frank: 2004 Supplement to Responses to Takeover Bids: Corporat...
Responses to Takeover Bids: Corporate, SEC, Tactical and Fiduciary Considerations* (BNA Corporate Practice Series, Portfolio No. 6-2nd, 2004 Supp. July, 2004) I. Introduction Note concerning 2004 update: Between publication of the Third Edition of this portfolio in 1997 and the 2000 update, merger and acquisition transactions increased in volume and size, reaching new record levels in 2000
Gardner Carton: Illinois Employer Alert: Illinois Supreme Court Finds C...
ILLINOIS EMPLOYER ALERT: Illinois Supreme Court Finds Continuing Contractual Obligations Under Obsolete Employee Handbook. In a long-awaited decision, the Illinois Supreme Court has held that employees may have a cause of action for breach of contract based on provisions of an employee handbook even though the handbook was superseded by later editions specifically disclaiming a contractual commitment
Goodwin Procter: Spotlight on IP Legislation
FOCUSING ON INTELLECTUAL PROPERTY AND TECHNOLOGY ISSUES IN LAW AND COMMERCE. Among other things, the bill legislatively defines a "business method," permits early publication of the patent application, provides for limited public participation in the examination process, establishes a post-grant opposition proceeding for parties to contest validity, establishes a "preponderance of the evidence" standard for proving that a patent is invalid, and establishes a presumption of obviousness under
Gray Cary: SEC Proposes New Director Nomination Rules
...open("/help.aspx", "Help", "width=370,height=450,scrollbars=no"); } function DisplayEmailPage(){ var EmailForm; if (document. -1)) { // some versions of quicktime have no description
Honigman Miller: Supreme Court Splits on Wetlands Issue
To allow the roots to penetrate deep enough into the soil, however, the clay pan had to be breached. In Tsakopoulos's view, deep ripping was not an activity that was prohibited under the Clean Water Act, and therefore, it did not require a permit under Section 404
Honigman Miller: Court Holds That Rendering Plant Is Not A Nuisance "...
Court Holds That Rendering Plant Is Not A Nuisance "By Itself" In the continuing case of Ramik vs. Darling International, Inc., the United States District Court for the Eastern District of Michigan held that a rendering plant is not a "nuisance per se" (a "nuisance by itself") under Michigan law and denied the City of Melvindale's motion for a preliminary injunction that was brought three years into the case. Both the residents and the City alleged that Darling's plant emits noxious odors and
Morris: "Insurance Company Appeals Silent PPO Ruling"...
ERISA allows hospital-assignees to recover benefits from a patient-assignor's insurance company following an improper denial of benefits. The insurer had no contract with the hospital giving it discount rights, and the patient was not enrolled in the PPO through which the discount was taken
Morris: Fiduciary Obligations & Mutual Holding Companies
A mutual holding company is only a form of doing business and not a conversion of equity interests. Nature of a Mutual Holding Company The creation of a mutual holding company changes the form under which a mutual insurer does business, but does not affect the equity interests of any policyholder
Morris: Fiduciary Obligations & Mutual Holding Companies
A mutual holding company is only a form of doing business and not a conversion of equity interests. Nature of a Mutual Holding Company The creation of a mutual holding company changes the form under which a mutual insurer does business, but does not affect the equity interests of any policyholder
Reed Smith: Medicare+Choice Fraud and Abuse Provisions Health Law M...
...write(''); } //-- Medicare+Choice Fraud and Abuse Provisions Health Law Monitor Vol. III, No. 2 Health Law Monitor July 1 1998 On June 26, 1998, the Health Care Financing Administration published interim final regulations implementing the Medicare+Choice program ("M+C"). HCFA pointed out that the legislative history of the BBA shows no Congressional intention to subject existing managed care organizations to Stark II, and that Congress explicitly contemplated physician ownership of provider
Shearman & Sterling: Amendments to French Competition Law *
The long-awaited implementing decree1 relating to the competition aspects of the French Act on New Economic Regulations2 (the "Act" or "NER") was published in the Official Journal on May 3, 2002. but do not meet the thresholds that would cause the transaction to fall under the jurisdiction of the EU must be notified
Stroock: Department of Labor Interim Final Rules: ERISA Blackout...
The interim final rules establish procedures relating to the assessment of civil penalties by the Department of Labor (Department) under section 502(c)(7) of ERISA for failures or refusals by plan administrators to provide notices of a blackout period as required by section 101(i) of ERISA. These rules are being published as interim final rules pursuant to the authority granted the Department by section 306(b)(2) of SOA. This document also contains interim final rules making conforming technical
Vorys Sater: Insufficient Discovery And Inadequate Hearings: A Propo...
...lt="none";//LINK TRACKING hbx. 3 To combat this action, Mr. Defendant sought exculpatory evidence from the government regarding the dismissed counts; none was forthcoming
Warner Norcross & Judd: Warner Norcross & Judd Forms Class Action Defense "...
Warner Norcross Forms Class Action Defense "Team". None of his clients have ever suffered an adverse judgment, and only one paid a class settlement
White and Williams: And the Winner of the Web Site Contest Is?
And the Winner of the Web Site Contest Is… var fscontrolTP = new Object(); fscontrolTP.site_pn=location. lt="none";//LINK TRACKING hbx
White and Williams: The Importance of Venue and Forum Selection in Litigati...
...lt="none";//LINK TRACKING hbx. pec="";//ERROR CODES //INSERT CUSTOM EVENTS //END EDITABLE SECTION -- -- Publications -- We at White and Williams are proud of the century-old heritage of excellence, innovation and integrity left to us by our predecessors
Wyatt: Win a Vacation to Hawaii - or a Lawsuit in Nebraska
WIN A VACATION TO HAWAII -- OR A LAWSUIT IN NEBRASKA (How to conduct contests and sweepstakes on the Internet) By Steven L. Snyder Win a vacation to Hawaii -- would an offer like that intrigue you. Many e-merchants believe sweepstakes and contests are a cost-effective means of attracting viewers to their web sites
Wyatt: E-Commerce: The Threat of Long-Arm Jurisdiction
Not only must a defendant have minimum contacts with the jurisdiction, the defendant must have fair warning that its activities or contacts will expose the defendant to a lawsuit in that forum. Courts have struggled to apply the International Shoe test to the new Internet economy
Vol. IV
Promotions and Advertising on the ’Net (Part 1 of 2) Marketing and promotional experts already know that with rare exceptions (e. An illegal lottery is a game or contest in which the outcome is determined by chance, the entry requires some form of consideration, and the winner is awarded a prize
Over the Counter
...lt="none";//LINK TRACKING hbx. Your idea is an essay contest on how Cold EZ saved the day for a cold sufferer
Know Your Options as a Employer
ATTORNEYS: Jeffrey P. Clark John H. Zawadsky Robert K. Sholl Lynn M. Stathas Donald P. Gallo David J. Sisson Raymond M. Roder Christopher P. Banaszak Carolyn A. Sullivan John G. Pawley Robert J. Muten Daryll J. Neuser Kirstin A. Goetz Martin A. Machtan 1000 North Water Street P.O. Box 2965 Milwaukee, Wisconsin 53201-2965 414-298-1000 800-553-6215 22 East Mifflin Street P.O. Box 2018 Madison, Wisconsin 53701-2018 608-229-2200 800-728-6239 W233 N2080 Ridgeview Parkway P.O. Box 2265 Waukesha,
McDermott
HR 2728, Reasonable Exceptions to Filing Requirements: This bill would overrule a decision by a court of appeals and make clear that employers who have sound excuses for failing to timely contest an OSHA citation would be able to seek relief under criteria like that in Federal Rule of Civil Procedure 60. Future Action The bills will now go to the Senate
Mentor Graphics Corp. v. Quickturn Design Systems
...n its most recent decision on "poison pill" provisions,theDelawareChanceryCourtonDecember 2 struck down a "no-hand" provision (also known as a "delayed redemption" and perhaps best. The Court in Mentor Graphics invalidated Quickturn's no-hand provision on a relatively narrow, fact-specificfiduciarydutyanalysissimilartothatfound in Moran v. Household Int'l Inc. ("Moran"), Unocal Corp v. Mesa Petroleum Co. ("Unocal"), and Unitrin, Inc. v. American Gen. Corp. ("Unitrin"), rather than on a statutory
Environmental
Hotel/Motel Legal Update Volume 3
DAMAGE BY FIRE Many people have never experienced a significant loss by fire or other casualty, and certainly not in the context of dealing with a substantial debt that is secured by the damaged property. Although it will not be the lender's proceeds that will be used in the restoration, the lender will have to act like a construction lender in monitoring the construction process, including the plans and specifications that will be used, the contractors who will perform the work, the progress of
English v. IKON Business Solutions
Jennifer A. Becker David P. Borovsky Shoshana Y. Chazan Chip Cox Edward F. Donohue, III Kathleen M. Ewins Kathleen A. Foley Bruce N. Furukawa Howard M. Garfield Jason A. Geller J. Michael Higginbotham John B. Hook William L. Jacobson Farand C. Kan Anna Kapetanakos Joseph P. McMonigle Douglas J. Melton Robin M. Pearson Jessica B. Rudin Richard J. Sciaroni Steven Sharafian Jennifer W. Suzuki Jeanette Traverso Karen L. Uno Seth E. Watkins Gerald G. Weisbach Irene K. Yesowitch. The Third District
New Corporate Governance Issues
The theme of the conference was that there is now a crisis in corporate governance as many investors have lost trust in corporate management and corporate boards. If one wants verification of this phenomenon, one only has to look to the cover of the May 6 Issue of "Business Week." The headline on the cover reads as follows: "The Crisis in Corporate Governance Excessive Pay, Weak Leadership, Corrupt Analysts, Complacent Boards, Questionable Accounting." (There still may be hope, however,
Bulletin 01-15
Bulletin 00-07
The Outlook for U.S. Sanctions Policy in 2001
There is now stronger support in Congress for a shift away from sanctions and toward greater engagement with U.S. "states of concern" in pursuit of U.S. foreign policy goals. Moreover, key officials in the Bush administration appear to understand the pitfalls of sanctions as an instrument of foreign policy, including the way in which sanctions undermine U.S. economic interests
Bulletin 03-04
BULLETIN NO. 03-03 MAY 5, 2003. State Farm Mutual Automobile Insurance Co. v. Campbell, No. 01-1289, 2003 WL 1791206 (2003)
05-01-00: IP Update
...com Liable for Copyright Infringement Despite Fair Use Defense Patent/Infringement - A Claim Element in Means-Plus-Function Format Found Not to Invoke § 112, ¶ 6 Where Sufficient Structure Is Recited Patent/PCT - Commissioner s Refusal to Revive Unintentionally Abandoned Case Found to Be Unreasonable Patent/Litigation - Invalidity Rulings Not Reduced to Judgement Are Not Reviewable on Appeal and Will Not Have Collateral Estoppel Effect Only Where Plead As an Affirmative Defense
05-01-00: IP Update
...com Liable for Copyright Infringement Despite Fair Use Defense Patent/Infringement - A Claim Element in Means-Plus-Function Format Found Not to Invoke § 112, ¶ 6 Where Sufficient Structure Is Recited Patent/PCT - Commissioner s Refusal to Revive Unintentionally Abandoned Case Found to Be Unreasonable Patent/Litigation - Invalidity Rulings Not Reduced to Judgement Are Not Reviewable on Appeal and Will Not Have Collateral Estoppel Effect Only Where Plead As an Affirmative Defense
12-16-03: Moore v. Anderson
Juan C. Araneda Jennifer A. Becker David P. Borovsky Robert J. Buccieri Chip B. Cox Kim Dincel Edward F. Donohue, III Kathleen M. Ewins Howard M. Garfield Jason A. Geller J. Michael Higginbotham John B. Hook William L. Jacobson Anna Kapetanakos Joseph P. McMonigle Douglas J. Melton Jessica B. Rudin Steven Sharafian Jennifer W. Suzuki Jeanette Traverso Karen L. Uno Seth E. Watkins Gerald G. Weisbach Irene K. Yesowitch. The First Appellate District holds that an attorney has no duty to
: Supreme Court Opinion
NOTICE: This opinion is subject to formal revision before publication in the preliminary print of the United States Reports. Readers are requested to notify the Reporter of Decisions, Supreme Court of the United States, Washington, D. C. 20543, of any typographical or other formal errors, in order that corrections may be made before the preliminary print goes to press
: The US Department of Labor Adopts New
...xsp; Keyword Search Home > Publications > Article = 2000) { //do nothing } else { theYear += 1900; } document. write(monthNames[now
Akin Gump: Leading Lawyers
...ou know the old saw: Clients hire the lawyer, not the firm. But there's also, obviously, a lot of power in the idea that clients want a trusted adviser, not necessarily the firm with the "best" reputation
Cooley Godward: More Hunger At Investor Lunches
That's why he came to the Reston office of law firm Cooley Godward LLP last week for Capital Call, a matchmaking lunch for technologists and financiers. At first glance, the gathering brings back memories of the late 1990s, when such beauty-contest events were far more numerous
Curtis Mallet-Prevost: Enforcement of a U.S. Judgement in Colombia
Article 694 specifies seven prerequisites for enforcing a judgment: (1) that it does not implicate real property interests in goods located in Colombia; (2) that it is not contrary to Colombian laws reflecting public policy (orden público); (3) that it complies with the foreign country's formalities of execution, authentication and legalization; (4) that it does not concern a matter within the exclusive jurisdiction of the Colombian courts; (5) that its subject matter is not involved in any
Davis Wright Tremaine: Recognition of Well-known Trademarks
Paris Convention does not specify measures for protection of well-known trademarks or their recognition procedures, leaving room for each signatory country to decide how it wishes to address these matters. In 1996, the State Administration of Industry and Commerce of China (SAIC) published the Interim Rules on Recognition and Protection of Well-known Trademarks pursuant to the Trademark Law of the People s Republic of China ( Trademark Law ), and its implementation rules ( 1996 Rule ), which was
Davis Wright Tremaine: Tenth Circuit Ruling Gives Limited Water Supplies to Si...
...xsp; Legal Services Advisory Bulletins Useful Web Links Environmental Search printable version Tenth Circuit Ruling Gives Limited Water Supplies to Silvery Minnow Ahead of Irrigation Districts and Cities In New Mexico By James P. Walsh [July 2003] In a decision that is already making big new political waves in Congress over the impact of the Endangered Species Act on the allocation of scarce water supplies in the West, the Tenth Circuit Court of Appeals on June 12, 2003 ruled that the Bureau of
Downs Rachlin Martin: Legal Advice for TBI Victims and their Families
The limitations in health insurance policies are often subject to interpretation and procedures may be available to contest denials. If the person at fault does not have insurance or the insurance is inadequate, compensation may be available under the un-insured or underinsured provisions of the victim s own automobile insurance coverage
Epstein Becker & Green: PDF
Resurgens Plaza 945 East Paces Ferry Road Suite 2700 ATLANTA, GA 30326 (404) 923-9000 111 Huntington Avenue 26th Floor BOSTON, MA 02199 (617) 342-4000 150 North Michigan Avenue Suite 420 CHICAGO, IL 60601-7553 (312) 499-1400 12750 Merit Drive Suite 1320 DALLAS, TX 75251-1299 (972) 628-2450 Wells Fargo Plaza 1000 Louisiana, Suite 5400 HOUSTON, TX 77002-5013 (713) 750-3100 1875 Century Park East Suite 500 LOS ANGELES, CA 90067-2506 (310) 556-8861 250 Park Avenue NEW YORK, NY 10177-1211 (212)
Epstein Becker & Green: PDF
Ari J. Markenson Carrie L. Kissick * Recent HHS Departmental Appeals Board Case Emphasizes That Survey Procedure May Not Be Challenged by Appeal to the DAB. Resurgens Plaza 945 East Paces Ferry Road Suite 2700 ATLANTA, GA 30326 (404) 923-9000 111 Huntington Avenue 26th Floor BOSTON, MA 02199 (617) 342-4000 150 North Michigan Avenue Suite 420 CHICAGO, IL 60601-7553 (312) 499-1400 Lincoln Plaza 500 N. Akard Suite 2700 Dallas, TX 75201-3320 (214) 397-4300 Wells Fargo Plaza 1000 Louisiana, Suite
Epstein Becker & Green: PDF
Knowing the Rights to a Federal Appeal Can Prevent a Facility From Being a Victim of a Technicality. Submitting a request for informal dispute resolution to a state agency, however, does not extend the 60-day timeframe to file a hearing request with HHS.
Epstein Becker & Green: Butterworth: Positive Economic Effects Trump Antitrust ...
Butterworth: Positive Economic Effects Trump Antitrust Theory Butterworth: Positive Economic Effects Trump Antitrust Theory By Stuart M. Gerson, Esq. Introduction It has been suggested that an economist is someone who sees something working in fact but questions whether it will work in theory
Fisher & Phillips: Education Labor Letter (5/05) pdf
And nobody saw it coming. The Horror And Its Legal Aftermath In the days before school shootings grew relatively commonplace and people got used to live news bulletins more graphic than the worst of horror movies, it seemed incomprehensible to us as a society that children in a place as apparently normal as pristine and upper-class Littleton, Colorado would plot to kill one another in a locale typically thought of as safe and stalwart - a suburban public school
Fried Frank: Proxy Contests in France
This change is largely the result of a shift in French market mentality, driven by increased investment in French stocks by nonFrench investment funds. Groupe André and Eurotunnel Two large proxy contests illustrate the current trend toward greater shareholder activism
Fried Frank: OMB Circular A-76 Update - GAO Issues First Decision Ad...
...xsp; No. 04-3-1 OMB Circular A-76 Update: GAO Issues First Decision Addressing Question of Federal Employee Standing Under Revised OMB Circular A-76 On March 30, 2004, the U.S. General Accounting Office (GAO) issued the first decision to address whether it may consider bid protests brought by Federal employees or their representatives regarding decisions made by agencies pursuant to the recently-overhauled OMB Circular A-76. Although the GAO's decision does not resolve the important and
Fried Frank: 2004 Supplement to Responses to Takeover Bids: Corporat...
Responses to Takeover Bids: Corporate, SEC, Tactical and Fiduciary Considerations* (BNA Corporate Practice Series, Portfolio No. 6-2nd, 2004 Supp. July, 2004) I. Introduction Note concerning 2004 update: Between publication of the Third Edition of this portfolio in 1997 and the 2000 update, merger and acquisition transactions increased in volume and size, reaching new record levels in 2000
Gardner Carton: Illinois Employer Alert: Illinois Supreme Court Finds C...
Goodwin Procter: Spotlight on IP Legislation
FOCUSING ON INTELLECTUAL PROPERTY AND TECHNOLOGY ISSUES IN LAW AND COMMERCE. Among other things, the bill legislatively defines a "business method," permits early publication of the patent application, provides for limited public participation in the examination process, establishes a post-grant opposition proceeding for parties to contest validity, establishes a "preponderance of the evidence" standard for proving that a patent is invalid, and establishes a presumption of obviousness under
Gray Cary: SEC Proposes New Director Nomination Rules
...open("/help.aspx", "Help", "width=370,height=450,scrollbars=no"); } function DisplayEmailPage(){ var EmailForm; if (document. -1)) { // some versions of quicktime have no description
Honigman Miller: Supreme Court Splits on Wetlands Issue
To allow the roots to penetrate deep enough into the soil, however, the clay pan had to be breached. In Tsakopoulos's view, deep ripping was not an activity that was prohibited under the Clean Water Act, and therefore, it did not require a permit under Section 404
Honigman Miller: Court Holds That Rendering Plant Is Not A Nuisance "...
Court Holds That Rendering Plant Is Not A Nuisance "By Itself" In the continuing case of Ramik vs. Darling International, Inc., the United States District Court for the Eastern District of Michigan held that a rendering plant is not a "nuisance per se" (a "nuisance by itself") under Michigan law and denied the City of Melvindale's motion for a preliminary injunction that was brought three years into the case. Both the residents and the City alleged that Darling's plant emits noxious odors and
Morris: "Insurance Company Appeals Silent PPO Ruling"...
ERISA allows hospital-assignees to recover benefits from a patient-assignor's insurance company following an improper denial of benefits. The insurer had no contract with the hospital giving it discount rights, and the patient was not enrolled in the PPO through which the discount was taken
Morris: Fiduciary Obligations & Mutual Holding Companies
A mutual holding company is only a form of doing business and not a conversion of equity interests. Nature of a Mutual Holding Company The creation of a mutual holding company changes the form under which a mutual insurer does business, but does not affect the equity interests of any policyholder
Morris: Fiduciary Obligations & Mutual Holding Companies
A mutual holding company is only a form of doing business and not a conversion of equity interests. Nature of a Mutual Holding Company The creation of a mutual holding company changes the form under which a mutual insurer does business, but does not affect the equity interests of any policyholder
Reed Smith: Medicare+Choice Fraud and Abuse Provisions Health Law M...
...write(''); } //-- Medicare+Choice Fraud and Abuse Provisions Health Law Monitor Vol. III, No. 2 Health Law Monitor July 1 1998 On June 26, 1998, the Health Care Financing Administration published interim final regulations implementing the Medicare+Choice program ("M+C"). HCFA pointed out that the legislative history of the BBA shows no Congressional intention to subject existing managed care organizations to Stark II, and that Congress explicitly contemplated physician ownership of provider
Shearman & Sterling: Amendments to French Competition Law *
The long-awaited implementing decree1 relating to the competition aspects of the French Act on New Economic Regulations2 (the "Act" or "NER") was published in the Official Journal on May 3, 2002. but do not meet the thresholds that would cause the transaction to fall under the jurisdiction of the EU must be notified
Stroock: Department of Labor Interim Final Rules: ERISA Blackout...
The interim final rules establish procedures relating to the assessment of civil penalties by the Department of Labor (Department) under section 502(c)(7) of ERISA for failures or refusals by plan administrators to provide notices of a blackout period as required by section 101(i) of ERISA. These rules are being published as interim final rules pursuant to the authority granted the Department by section 306(b)(2) of SOA. This document also contains interim final rules making conforming technical
Vorys Sater: Insufficient Discovery And Inadequate Hearings: A Propo...
...lt="none";//LINK TRACKING hbx. 3 To combat this action, Mr. Defendant sought exculpatory evidence from the government regarding the dismissed counts; none was forthcoming
Warner Norcross & Judd: Warner Norcross & Judd Forms Class Action Defense "...
Warner Norcross Forms Class Action Defense "Team". None of his clients have ever suffered an adverse judgment, and only one paid a class settlement
White and Williams: And the Winner of the Web Site Contest Is?
And the Winner of the Web Site Contest Is… var fscontrolTP = new Object(); fscontrolTP.site_pn=location. lt="none";//LINK TRACKING hbx
White and Williams: Attention Pennsylvania Employers
...lt="none";//LINK TRACKING hbx. pec="";//ERROR CODES //INSERT CUSTOM EVENTS //END EDITABLE SECTION -- -- Publications -- We at White and Williams are proud of the century-old heritage of excellence, innovation and integrity left to us by our predecessors
White and Williams: The Importance of Venue and Forum Selection in Litigati...
...lt="none";//LINK TRACKING hbx. pec="";//ERROR CODES //INSERT CUSTOM EVENTS //END EDITABLE SECTION -- -- Publications -- We at White and Williams are proud of the century-old heritage of excellence, innovation and integrity left to us by our predecessors
White and Williams: Absolute Pollution Exclusion - New Jersey Supreme Court...
Know Your Options as a Employer
ATTORNEYS: Jeffrey P. Clark John H. Zawadsky Robert K. Sholl Lynn M. Stathas Donald P. Gallo David J. Sisson Raymond M. Roder Christopher P. Banaszak Carolyn A. Sullivan John G. Pawley Robert J. Muten Daryll J. Neuser Kirstin A. Goetz Martin A. Machtan 1000 North Water Street P.O. Box 2965 Milwaukee, Wisconsin 53201-2965 414-298-1000 800-553-6215 22 East Mifflin Street P.O. Box 2018 Madison, Wisconsin 53701-2018 608-229-2200 800-728-6239 W233 N2080 Ridgeview Parkway P.O. Box 2265 Waukesha,
McDermott
HR 2728, Reasonable Exceptions to Filing Requirements: This bill would overrule a decision by a court of appeals and make clear that employers who have sound excuses for failing to timely contest an OSHA citation would be able to seek relief under criteria like that in Federal Rule of Civil Procedure 60. Future Action The bills will now go to the Senate
Environmental
...jpg','/images/loginOver. Pillsbury Announces 2006 Partnership Class more
Hotel/Motel Legal Update Volume 3
DAMAGE BY FIRE Many people have never experienced a significant loss by fire or other casualty, and certainly not in the context of dealing with a substantial debt that is secured by the damaged property. Although it will not be the lender's proceeds that will be used in the restoration, the lender will have to act like a construction lender in monitoring the construction process, including the plans and specifications that will be used, the contractors who will perform the work, the progress of
English v. IKON Business Solutions
Jennifer A. Becker David P. Borovsky Shoshana Y. Chazan Chip Cox Edward F. Donohue, III Kathleen M. Ewins Kathleen A. Foley Bruce N. Furukawa Howard M. Garfield Jason A. Geller J. Michael Higginbotham John B. Hook William L. Jacobson Farand C. Kan Anna Kapetanakos Joseph P. McMonigle Douglas J. Melton Robin M. Pearson Jessica B. Rudin Richard J. Sciaroni Steven Sharafian Jennifer W. Suzuki Jeanette Traverso Karen L. Uno Seth E. Watkins Gerald G. Weisbach Irene K. Yesowitch. The Third District
Hedge Fund Manager Hit With $350
HART-SCOTT-RODINO ALERT. Sacane owns Durus Capital Management (N.A.), LLC. In 2003 a Durus-managed offshore fund (Master Fund) made Hart-Scott reportable acquisitions of voting securities in two U.S. companies, Aksys, Ltd. and Esperion Therapeutics, Inc., but the required Hart-Scott filings were not made
New Corporate Governance Issues
The theme of the conference was that there is now a crisis in corporate governance as many investors have lost trust in corporate management and corporate boards. If one wants verification of this phenomenon, one only has to look to the cover of the May 6 Issue of "Business Week." The headline on the cover reads as follows: "The Crisis in Corporate Governance Excessive Pay, Weak Leadership, Corrupt Analysts, Complacent Boards, Questionable Accounting." (There still may be hope, however,
Bulletin 01-15
...jpg','/images/loginOver. Pillsbury Announces 2006 Partnership Class more
Bulletin 00-07
...jpg','/images/loginOver. Pillsbury Announces 2006 Partnership Class more
The Outlook for U.S. Sanctions Policy in 2001
There is now stronger support in Congress for a shift away from sanctions and toward greater engagement with U.S. "states of concern" in pursuit of U.S. foreign policy goals. Moreover, key officials in the Bush administration appear to understand the pitfalls of sanctions as an instrument of foreign policy, including the way in which sanctions undermine U.S. economic interests
Bulletin 03-04
BULLETIN NO. 03-03 MAY 5, 2003. State Farm Mutual Automobile Insurance Co. v. Campbell, No. 01-1289, 2003 WL 1791206 (2003)
05-01-00: IP Update
...com Liable for Copyright Infringement Despite Fair Use Defense Patent/Infringement - A Claim Element in Means-Plus-Function Format Found Not to Invoke § 112, ¶ 6 Where Sufficient Structure Is Recited Patent/PCT - Commissioner s Refusal to Revive Unintentionally Abandoned Case Found to Be Unreasonable Patent/Litigation - Invalidity Rulings Not Reduced to Judgement Are Not Reviewable on Appeal and Will Not Have Collateral Estoppel Effect Only Where Plead As an Affirmative Defense
05-01-00: IP Update
...com Liable for Copyright Infringement Despite Fair Use Defense Patent/Infringement - A Claim Element in Means-Plus-Function Format Found Not to Invoke § 112, ¶ 6 Where Sufficient Structure Is Recited Patent/PCT - Commissioner s Refusal to Revive Unintentionally Abandoned Case Found to Be Unreasonable Patent/Litigation - Invalidity Rulings Not Reduced to Judgement Are Not Reviewable on Appeal and Will Not Have Collateral Estoppel Effect Only Where Plead As an Affirmative Defense
12-16-03: Moore v. Anderson
Juan C. Araneda Jennifer A. Becker David P. Borovsky Robert J. Buccieri Chip B. Cox Kim Dincel Edward F. Donohue, III Kathleen M. Ewins Howard M. Garfield Jason A. Geller J. Michael Higginbotham John B. Hook William L. Jacobson Anna Kapetanakos Joseph P. McMonigle Douglas J. Melton Jessica B. Rudin Steven Sharafian Jennifer W. Suzuki Jeanette Traverso Karen L. Uno Seth E. Watkins Gerald G. Weisbach Irene K. Yesowitch. The First Appellate District holds that an attorney has no duty to
: Supreme Court Opinion
NOTICE: This opinion is subject to formal revision before publication in the preliminary print of the United States Reports. Readers are requested to notify the Reporter of Decisions, Supreme Court of the United States, Washington, D. C. 20543, of any typographical or other formal errors, in order that corrections may be made before the preliminary print goes to press
Akin Gump: New Internet Technology Permits New Proxy Contest Techn...
Mr. Cowell focuses on debt finance, with extensive experience in credit facilities; registered, Rule 144A and private securities offerings; commercial paper and medium-term note programs; Chapter 11 reorganizations and restructurings; and securitizations. His clients include both lending institutions and borrowers, including energy companies, retailers, service companies, manufacturers and technology companies
Akin Gump: Leading Lawyers
...ou know the old saw: Clients hire the lawyer, not the firm. But there's also, obviously, a lot of power in the idea that clients want a trusted adviser, not necessarily the firm with the "best" reputation
Cooley Godward: More Hunger At Investor Lunches
That's why he came to the Reston office of law firm Cooley Godward LLP last week for Capital Call, a matchmaking lunch for technologists and financiers. At first glance, the gathering brings back memories of the late 1990s, when such beauty-contest events were far more numerous
Curtis Mallet-Prevost: Enforcement of a U.S. Judgement in Colombia
Article 694 specifies seven prerequisites for enforcing a judgment: (1) that it does not implicate real property interests in goods located in Colombia; (2) that it is not contrary to Colombian laws reflecting public policy (orden público); (3) that it complies with the foreign country's formalities of execution, authentication and legalization; (4) that it does not concern a matter within the exclusive jurisdiction of the Colombian courts; (5) that its subject matter is not involved in any
Davis Wright Tremaine: Recognition of Well-known Trademarks
Paris Convention does not specify measures for protection of well-known trademarks or their recognition procedures, leaving room for each signatory country to decide how it wishes to address these matters. In 1996, the State Administration of Industry and Commerce of China (SAIC) published the Interim Rules on Recognition and Protection of Well-known Trademarks pursuant to the Trademark Law of the People s Republic of China ( Trademark Law ), and its implementation rules ( 1996 Rule ), which was
Davis Wright Tremaine: Tenth Circuit Ruling Gives Limited Water Supplies to Si...
...xsp; Legal Services Advisory Bulletins Useful Web Links Environmental Search printable version Tenth Circuit Ruling Gives Limited Water Supplies to Silvery Minnow Ahead of Irrigation Districts and Cities In New Mexico By James P. Walsh [July 2003] In a decision that is already making big new political waves in Congress over the impact of the Endangered Species Act on the allocation of scarce water supplies in the West, the Tenth Circuit Court of Appeals on June 12, 2003 ruled that the Bureau of
Downs Rachlin Martin: Legal Advice for TBI Victims and their Families
The limitations in health insurance policies are often subject to interpretation and procedures may be available to contest denials. If the person at fault does not have insurance or the insurance is inadequate, compensation may be available under the un-insured or underinsured provisions of the victim s own automobile insurance coverage
Epstein Becker & Green: PDF
Resurgens Plaza 945 East Paces Ferry Road Suite 2700 ATLANTA, GA 30326 (404) 923-9000 111 Huntington Avenue 26th Floor BOSTON, MA 02199 (617) 342-4000 150 North Michigan Avenue Suite 420 CHICAGO, IL 60601-7553 (312) 499-1400 12750 Merit Drive Suite 1320 DALLAS, TX 75251-1299 (972) 628-2450 Wells Fargo Plaza 1000 Louisiana, Suite 5400 HOUSTON, TX 77002-5013 (713) 750-3100 1875 Century Park East Suite 500 LOS ANGELES, CA 90067-2506 (310) 556-8861 250 Park Avenue NEW YORK, NY 10177-1211 (212)
Epstein Becker & Green: PDF
Ari J. Markenson Carrie L. Kissick * Recent HHS Departmental Appeals Board Case Emphasizes That Survey Procedure May Not Be Challenged by Appeal to the DAB. Resurgens Plaza 945 East Paces Ferry Road Suite 2700 ATLANTA, GA 30326 (404) 923-9000 111 Huntington Avenue 26th Floor BOSTON, MA 02199 (617) 342-4000 150 North Michigan Avenue Suite 420 CHICAGO, IL 60601-7553 (312) 499-1400 Lincoln Plaza 500 N. Akard Suite 2700 Dallas, TX 75201-3320 (214) 397-4300 Wells Fargo Plaza 1000 Louisiana, Suite
Epstein Becker & Green: PDF
Knowing the Rights to a Federal Appeal Can Prevent a Facility From Being a Victim of a Technicality. Submitting a request for informal dispute resolution to a state agency, however, does not extend the 60-day timeframe to file a hearing request with HHS.
Fisher & Phillips: Education Labor Letter (5/05) pdf
And nobody saw it coming. The Horror And Its Legal Aftermath In the days before school shootings grew relatively commonplace and people got used to live news bulletins more graphic than the worst of horror movies, it seemed incomprehensible to us as a society that children in a place as apparently normal as pristine and upper-class Littleton, Colorado would plot to kill one another in a locale typically thought of as safe and stalwart - a suburban public school
Fried Frank: Proxy Contests in France
This change is largely the result of a shift in French market mentality, driven by increased investment in French stocks by nonFrench investment funds. Groupe André and Eurotunnel Two large proxy contests illustrate the current trend toward greater shareholder activism
Fried Frank: OMB Circular A-76 Update - GAO Issues First Decision Ad...
...xsp; No. 04-3-1 OMB Circular A-76 Update: GAO Issues First Decision Addressing Question of Federal Employee Standing Under Revised OMB Circular A-76 On March 30, 2004, the U.S. General Accounting Office (GAO) issued the first decision to address whether it may consider bid protests brought by Federal employees or their representatives regarding decisions made by agencies pursuant to the recently-overhauled OMB Circular A-76. Although the GAO's decision does not resolve the important and
Fried Frank: Preparing the Attack: Considerations for Activist Inves...
PLANNING THE STOCK ACCUMULATION Among the areas to be considered before launching a stock accumulation program are: · HSR Consider whether a filing under the Hart-Scott-Rodino Antitrust Improvements Act will be required. What is the nature of your current plans for your investment and are these plans consistent with reliance on the exemption for acquisitions of 10% or less of the target's shares that are made "solely for the purpose of investment" (known as the "investment-only exemption")
Fried Frank: 2004 Supplement to Responses to Takeover Bids: Corporat...
Responses to Takeover Bids: Corporate, SEC, Tactical and Fiduciary Considerations* (BNA Corporate Practice Series, Portfolio No. 6-2nd, 2004 Supp. July, 2004) I. Introduction Note concerning 2004 update: Between publication of the Third Edition of this portfolio in 1997 and the 2000 update, merger and acquisition transactions increased in volume and size, reaching new record levels in 2000
Goodwin Procter: Spotlight on IP Legislation
FOCUSING ON INTELLECTUAL PROPERTY AND TECHNOLOGY ISSUES IN LAW AND COMMERCE. Among other things, the bill legislatively defines a "business method," permits early publication of the patent application, provides for limited public participation in the examination process, establishes a post-grant opposition proceeding for parties to contest validity, establishes a "preponderance of the evidence" standard for proving that a patent is invalid, and establishes a presumption of obviousness under
Gray Cary: SEC Proposes New Director Nomination Rules
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Honigman Miller: Supreme Court Splits on Wetlands Issue
To allow the roots to penetrate deep enough into the soil, however, the clay pan had to be breached. In Tsakopoulos's view, deep ripping was not an activity that was prohibited under the Clean Water Act, and therefore, it did not require a permit under Section 404
Honigman Miller: Court Holds That Rendering Plant Is Not A Nuisance "...
Court Holds That Rendering Plant Is Not A Nuisance "By Itself" In the continuing case of Ramik vs. Darling International, Inc., the United States District Court for the Eastern District of Michigan held that a rendering plant is not a "nuisance per se" (a "nuisance by itself") under Michigan law and denied the City of Melvindale's motion for a preliminary injunction that was brought three years into the case. Both the residents and the City alleged that Darling's plant emits noxious odors and
Morris: "Insurance Company Appeals Silent PPO Ruling"...
ERISA allows hospital-assignees to recover benefits from a patient-assignor's insurance company following an improper denial of benefits. The insurer had no contract with the hospital giving it discount rights, and the patient was not enrolled in the PPO through which the discount was taken
Morris: Fiduciary Obligations & Mutual Holding Companies
A mutual holding company is only a form of doing business and not a conversion of equity interests. Nature of a Mutual Holding Company The creation of a mutual holding company changes the form under which a mutual insurer does business, but does not affect the equity interests of any policyholder
Morris: Fiduciary Obligations & Mutual Holding Companies
A mutual holding company is only a form of doing business and not a conversion of equity interests. Nature of a Mutual Holding Company The creation of a mutual holding company changes the form under which a mutual insurer does business, but does not affect the equity interests of any policyholder
Stroock: Department of Labor Interim Final Rules: ERISA Blackout...
The interim final rules establish procedures relating to the assessment of civil penalties by the Department of Labor (Department) under section 502(c)(7) of ERISA for failures or refusals by plan administrators to provide notices of a blackout period as required by section 101(i) of ERISA. These rules are being published as interim final rules pursuant to the authority granted the Department by section 306(b)(2) of SOA. This document also contains interim final rules making conforming technical
Vorys Sater: Insufficient Discovery And Inadequate Hearings: A Propo...
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Warner Norcross & Judd: Warner Norcross & Judd Forms Class Action Defense "...
Warner Norcross Forms Class Action Defense "Team". None of his clients have ever suffered an adverse judgment, and only one paid a class settlement
White and Williams: And the Winner of the Web Site Contest Is?
And the Winner of the Web Site Contest Is… var fscontrolTP = new Object(); fscontrolTP.site_pn=location. lt="none";//LINK TRACKING hbx
White and Williams: Attention Pennsylvania Employers
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White and Williams: Absolute Pollution Exclusion - New Jersey Supreme Court...
White and Williams: The Importance of Venue and Forum Selection in Litigati...
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Know Your Options as a Employer
McDermott
HR 2728, Reasonable Exceptions to Filing Requirements: This bill would overrule a decision by a court of appeals and make clear that employers who have sound excuses for failing to timely contest an OSHA citation would be able to seek relief under criteria like that in Federal Rule of Civil Procedure 60. Future Action The bills will now go to the Senate
Environmental
...jpg','/images/loginOver. The hiring of a lawyer is an important decision that should not be based solely upon advertisements
English v. IKON Business Solutions
Jennifer A. Becker David P. Borovsky Shoshana Y. Chazan Chip Cox Edward F. Donohue, III Kathleen M. Ewins Kathleen A. Foley Bruce N. Furukawa Howard M. Garfield Jason A. Geller J. Michael Higginbotham John B. Hook William L. Jacobson Farand C. Kan Anna Kapetanakos Joseph P. McMonigle Douglas J. Melton Robin M. Pearson Jessica B. Rudin Richard J. Sciaroni Steven Sharafian Jennifer W. Suzuki Jeanette Traverso Karen L. Uno Seth E. Watkins Gerald G. Weisbach Irene K. Yesowitch. The Third District
Hedge Fund Manager Hit With $350
HART-SCOTT-RODINO ALERT. Sacane owns Durus Capital Management (N.A.), LLC. In 2003 a Durus-managed offshore fund (Master Fund) made Hart-Scott reportable acquisitions of voting securities in two U.S. companies, Aksys, Ltd. and Esperion Therapeutics, Inc., but the required Hart-Scott filings were not made
New Corporate Governance Issues
The theme of the conference was that there is now a crisis in corporate governance as many investors have lost trust in corporate management and corporate boards. If one wants verification of this phenomenon, one only has to look to the cover of the May 6 Issue of "Business Week." The headline on the cover reads as follows: "The Crisis in Corporate Governance Excessive Pay, Weak Leadership, Corrupt Analysts, Complacent Boards, Questionable Accounting." (There still may be hope, however,
Bulletin 01-15
...jpg','/images/loginOver. The hiring of a lawyer is an important decision that should not be based solely upon advertisements
Bulletin 00-07
...jpg','/images/loginOver. The hiring of a lawyer is an important decision that should not be based solely upon advertisements
The Outlook for U.S. Sanctions Policy in 2001
There is now stronger support in Congress for a shift away from sanctions and toward greater engagement with U.S. "states of concern" in pursuit of U.S. foreign policy goals. Moreover, key officials in the Bush administration appear to understand the pitfalls of sanctions as an instrument of foreign policy, including the way in which sanctions undermine U.S. economic interests
Bulletin 03-04
BULLETIN NO. 03-03 MAY 5, 2003. State Farm Mutual Automobile Insurance Co. v. Campbell, No. 01-1289, 2003 WL 1791206 (2003)
05-01-00: IP Update
...com Liable for Copyright Infringement Despite Fair Use Defense Patent/Infringement - A Claim Element in Means-Plus-Function Format Found Not to Invoke § 112, ¶ 6 Where Sufficient Structure Is Recited Patent/PCT - Commissioner s Refusal to Revive Unintentionally Abandoned Case Found to Be Unreasonable Patent/Litigation - Invalidity Rulings Not Reduced to Judgement Are Not Reviewable on Appeal and Will Not Have Collateral Estoppel Effect Only Where Plead As an Affirmative Defense
05-01-00: IP Update
...com Liable for Copyright Infringement Despite Fair Use Defense Patent/Infringement - A Claim Element in Means-Plus-Function Format Found Not to Invoke § 112, ¶ 6 Where Sufficient Structure Is Recited Patent/PCT - Commissioner s Refusal to Revive Unintentionally Abandoned Case Found to Be Unreasonable Patent/Litigation - Invalidity Rulings Not Reduced to Judgement Are Not Reviewable on Appeal and Will Not Have Collateral Estoppel Effect Only Where Plead As an Affirmative Defense
12-16-03: Moore v. Anderson
Juan C. Araneda Jennifer A. Becker David P. Borovsky Robert J. Buccieri Chip B. Cox Kim Dincel Edward F. Donohue, III Kathleen M. Ewins Howard M. Garfield Jason A. Geller J. Michael Higginbotham John B. Hook William L. Jacobson Anna Kapetanakos Joseph P. McMonigle Douglas J. Melton Jessica B. Rudin Steven Sharafian Jennifer W. Suzuki Jeanette Traverso Karen L. Uno Seth E. Watkins Gerald G. Weisbach Irene K. Yesowitch. The First Appellate District holds that an attorney has no duty to
: Supreme Court Opinion
NOTICE: This opinion is subject to formal revision before publication in the preliminary print of the United States Reports. Readers are requested to notify the Reporter of Decisions, Supreme Court of the United States, Washington, D. C. 20543, of any typographical or other formal errors, in order that corrections may be made before the preliminary print goes to press
: Sports Law First Quarter 1999
Proposals to enact federal legislation applicable to all sports agents throughout the country, however, have not been acted upon as Congress has been reluctant to venture into the world of occupational or professional regulation, which has historically been left to the states (e. " "Student-athlete" means an individual who engages in, is eligible to engage in, or may be eligible in the future to engage in, any intercollegiate sporting event, contest, exhibition, or program. An application for
: First Quarter 1999
Frequently, such waivers are three-tiered: the borrower promises not to file bankruptcy; if the borrower does become a debtor under the Bankruptcy Code, the borrower waives the automatic stay imposed under 11 U.S.C. § 362(a) with respect to any action by the lender as to the lender’s collateral (typically real estate); and if the automatic stay does apply against a foreclosure by lender, the borrower waives the right to defend against a motion for relief from the automatic stay. Notwithstanding
Akin Gump: New Internet Technology Permits New Proxy Contest Techn...
Mr. Cowell focuses on debt finance, with extensive experience in credit facilities; registered, Rule 144A and private securities offerings; commercial paper and medium-term note programs; Chapter 11 reorganizations and restructurings; and securitizations. His clients include both lending institutions and borrowers, including energy companies, retailers, service companies, manufacturers and technology companies
Akin Gump: M&A Escape Clauses In Light Of The Terrorist Attacks
He has represented companies in the telecommunications, high-technology and public utility industries. Mr. Dooley’s recent client representations include— a U.S. private equity fund in its participation as an equity investor in the $250 million acquisition of Dave & Buster's, Inc. fund client GWA Capital Partners in connection with its successful proxy contest to place three nominees on the board of directors of a high-technology company U.S. private equity funds in connection with the $1.3
Akin Gump: Leading Lawyers
...ou know the old saw: Clients hire the lawyer, not the firm. But there's also, obviously, a lot of power in the idea that clients want a trusted adviser, not necessarily the firm with the "best" reputation
Curtis Mallet-Prevost: Enforcement of a U.S. Judgement in Colombia
Article 694 specifies seven prerequisites for enforcing a judgment: (1) that it does not implicate real property interests in goods located in Colombia; (2) that it is not contrary to Colombian laws reflecting public policy (orden público); (3) that it complies with the foreign country's formalities of execution, authentication and legalization; (4) that it does not concern a matter within the exclusive jurisdiction of the Colombian courts; (5) that its subject matter is not involved in any
Davis Wright Tremaine: Recognition of Well-known Trademarks
Paris Convention does not specify measures for protection of well-known trademarks or their recognition procedures, leaving room for each signatory country to decide how it wishes to address these matters. In 1996, the State Administration of Industry and Commerce of China (SAIC) published the Interim Rules on Recognition and Protection of Well-known Trademarks pursuant to the Trademark Law of the People s Republic of China ( Trademark Law ), and its implementation rules ( 1996 Rule ), which was
Davis Wright Tremaine: Tenth Circuit Ruling Gives Limited Water Supplies to Si...
...xsp; Legal Services Advisory Bulletins Useful Web Links Environmental Search printable version Tenth Circuit Ruling Gives Limited Water Supplies to Silvery Minnow Ahead of Irrigation Districts and Cities In New Mexico By James P. Walsh [July 2003] In a decision that is already making big new political waves in Congress over the impact of the Endangered Species Act on the allocation of scarce water supplies in the West, the Tenth Circuit Court of Appeals on June 12, 2003 ruled that the Bureau of
Downs Rachlin Martin: Legal Advice for TBI Victims and their Families
The limitations in health insurance policies are often subject to interpretation and procedures may be available to contest denials. If the person at fault does not have insurance or the insurance is inadequate, compensation may be available under the un-insured or underinsured provisions of the victim s own automobile insurance coverage
Epstein Becker & Green: PDF
Resurgens Plaza 945 East Paces Ferry Road Suite 2700 ATLANTA, GA 30326 (404) 923-9000 111 Huntington Avenue 26th Floor BOSTON, MA 02199 (617) 342-4000 150 North Michigan Avenue Suite 420 CHICAGO, IL 60601-7553 (312) 499-1400 12750 Merit Drive Suite 1320 DALLAS, TX 75251-1299 (972) 628-2450 Wells Fargo Plaza 1000 Louisiana, Suite 5400 HOUSTON, TX 77002-5013 (713) 750-3100 1875 Century Park East Suite 500 LOS ANGELES, CA 90067-2506 (310) 556-8861 250 Park Avenue NEW YORK, NY 10177-1211 (212)
Epstein Becker & Green: PDF
Ari J. Markenson Carrie L. Kissick * Recent HHS Departmental Appeals Board Case Emphasizes That Survey Procedure May Not Be Challenged by Appeal to the DAB. Resurgens Plaza 945 East Paces Ferry Road Suite 2700 ATLANTA, GA 30326 (404) 923-9000 111 Huntington Avenue 26th Floor BOSTON, MA 02199 (617) 342-4000 150 North Michigan Avenue Suite 420 CHICAGO, IL 60601-7553 (312) 499-1400 Lincoln Plaza 500 N. Akard Suite 2700 Dallas, TX 75201-3320 (214) 397-4300 Wells Fargo Plaza 1000 Louisiana, Suite
Epstein Becker & Green: PDF
Knowing the Rights to a Federal Appeal Can Prevent a Facility From Being a Victim of a Technicality. Submitting a request for informal dispute resolution to a state agency, however, does not extend the 60-day timeframe to file a hearing request with HHS.
Fisher & Phillips: Education Labor Letter (5/05) pdf
Fried Frank: Proxy Contests in France
This change is largely the result of a shift in French market mentality, driven by increased investment in French stocks by nonFrench investment funds. Groupe André and Eurotunnel Two large proxy contests illustrate the current trend toward greater shareholder activism
Fried Frank: OMB Circular A-76 Update - GAO Issues First Decision Ad...
...xsp; No. 04-3-1 OMB Circular A-76 Update: GAO Issues First Decision Addressing Question of Federal Employee Standing Under Revised OMB Circular A-76 On March 30, 2004, the U.S. General Accounting Office (GAO) issued the first decision to address whether it may consider bid protests brought by Federal employees or their representatives regarding decisions made by agencies pursuant to the recently-overhauled OMB Circular A-76. Although the GAO's decision does not resolve the important and
Fried Frank: Preparing the Attack: Considerations for Activist Inves...
PLANNING THE STOCK ACCUMULATION Among the areas to be considered before launching a stock accumulation program are: · HSR Consider whether a filing under the Hart-Scott-Rodino Antitrust Improvements Act will be required. What is the nature of your current plans for your investment and are these plans consistent with reliance on the exemption for acquisitions of 10% or less of the target's shares that are made "solely for the purpose of investment" (known as the "investment-only exemption")
Fried Frank: 2004 Supplement to Responses to Takeover Bids: Corporat...
Responses to Takeover Bids: Corporate, SEC, Tactical and Fiduciary Considerations* (BNA Corporate Practice Series, Portfolio No. 6-2nd, 2004 Supp. July, 2004) I. Introduction Note concerning 2004 update: Between publication of the Third Edition of this portfolio in 1997 and the 2000 update, merger and acquisition transactions increased in volume and size, reaching new record levels in 2000
Gardner Carton: Illinois Employer Alert: Illinois Supreme Court Finds C...
Gray Cary: SEC Proposes New Director Nomination Rules
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Honigman Miller: Supreme Court Splits on Wetlands Issue
To allow the roots to penetrate deep enough into the soil, however, the clay pan had to be breached. In Tsakopoulos's view, deep ripping was not an activity that was prohibited under the Clean Water Act, and therefore, it did not require a permit under Section 404
Honigman Miller: Court Holds That Rendering Plant Is Not A Nuisance "...
Court Holds That Rendering Plant Is Not A Nuisance "By Itself" In the continuing case of Ramik vs. Darling International, Inc., the United States District Court for the Eastern District of Michigan held that a rendering plant is not a "nuisance per se" (a "nuisance by itself") under Michigan law and denied the City of Melvindale's motion for a preliminary injunction that was brought three years into the case. Both the residents and the City alleged that Darling's plant emits noxious odors and
Morris: "Insurance Company Appeals Silent PPO Ruling"...
ERISA allows hospital-assignees to recover benefits from a patient-assignor's insurance company following an improper denial of benefits. The insurer had no contract with the hospital giving it discount rights, and the patient was not enrolled in the PPO through which the discount was taken
Morris: Fiduciary Obligations & Mutual Holding Companies
A mutual holding company is only a form of doing business and not a conversion of equity interests. Nature of a Mutual Holding Company The creation of a mutual holding company changes the form under which a mutual insurer does business, but does not affect the equity interests of any policyholder
Morris: Fiduciary Obligations & Mutual Holding Companies
A mutual holding company is only a form of doing business and not a conversion of equity interests. Nature of a Mutual Holding Company The creation of a mutual holding company changes the form under which a mutual insurer does business, but does not affect the equity interests of any policyholder
Stroock: Department of Labor Interim Final Rules: ERISA Blackout...
The interim final rules establish procedures relating to the assessment of civil penalties by the Department of Labor (Department) under section 502(c)(7) of ERISA for failures or refusals by plan administrators to provide notices of a blackout period as required by section 101(i) of ERISA. These rules are being published as interim final rules pursuant to the authority granted the Department by section 306(b)(2) of SOA. This document also contains interim final rules making conforming technical
White and Williams: And the Winner of the Web Site Contest Is?
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White and Williams: Attention Pennsylvania Employers
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White and Williams: Absolute Pollution Exclusion - New Jersey Supreme Court...
White and Williams: The Importance of Venue and Forum Selection in Litigati...
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Wiley Rein & Fielding: D&O Insurer Must Advance Defense Costs if There Is Reas...
Site Search Page Not Found Firm Overview Pro Bono Diversity Contact Us The page you are looking for on the Wiley Rein LLP website has been moved. 2007 Wiley Rein LLP Firm OverviewPro BonoDiversityContact Us SearchFull Listing View by PracticeView by Industry ArticlesNewslettersEvents hes News ReleasesIn the NewsMedia Registration _uacct = "UA-1388066-1"; urchinTracker(); // for search form; function checkAll(obj){ var curForm = document
