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Legal Articles: Adams and Reese LLP

 







Document(s) published by this organization: 33


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HTMLSCOTUS to TCPA Defendants: Offer of Complete Relief to Lead Plaintiff is No Easy Out from Class Actions
Christopher A. Roach; Adams and Reese LLP;
Legal Alert/Article
February 9, 2016, previously published on January 22, 2016
What happens when you make an offer they can't refuse . . . and they refuse? The Supreme Court addressed this question in the context of complete relief offers to lead plaintiffs in Campbell-Ewald Co. v. Gomez, a Telephone Consumer Protection Act (TCPA) class action.

 

HTMLCongress Tackling Injury Standards in Class Actions (Again)
B. Jeffrey Brooks, William B. Gaudet; Adams and Reese LLP;
Legal Alert/Article
January 15, 2016, previously published on January 7, 2016
Concerns over state courts allowing class actions to proceed, the impact on the U.S. economy, and the undue pressure on companies to settle for significant sums spurred Congress to pass the Class Action Fairness Act of 2005. Members of the U.S. House of Representatives, expressing these same...

 

HTMLCriminal Prosecutions and Workplace Safety
John D. Surma, Collin G. Warren; Adams and Reese LLP;
Legal Alert/Article
January 15, 2016, previously published on December 18, 2015
On September 15, 2015, we wrote an OSHA Bulletin that summarized a memorandum issued by Deputy Attorney General Yates. On December 17, 2015, Yates issued another memorandum that will impact all employers and that relates to “Prosecution of Worker Safety Violations.”

 

HTMLOSHA Fines to Increase by Nearly 52%, Marking First Increase in 25 Years
John D. Surma, Collin G. Warren; Adams and Reese LLP;
Legal Alert/Article
November 12, 2015, previously published on November 3, 2015
OSHA critics often complain that the maximum allowed penalties have not changed since 1990 when the penalties were set at $7,000 (other than serious and serious) and $70,000 (repeat or willful). The “Bipartisan Budget Act of 2015” will both cause a dramatic increase in those amounts and...

 

HTMLTennessee Supreme Court Reverses Course and Jettisons Unworkable Summary Judgment Standard
Jeffrey C. Smith; Adams and Reese LLP;
Legal Alert/Article
November 12, 2015, previously published on October 29, 2015
Recently, the Tennessee Supreme Court entered its opinion in Rye v. Women’s Care Center of Memphis, MPLLC. In it, the Supreme Court held the analytical framework governing summary judgments in Tennessee state courts since 2008 is unworkable. That standard—first announced in the Hannan...

 

HTMLSix Steps Banks Should Implement to Ensure Their Security Procedures are Commercially Reasonable
Paul A. Carrubba, Andrew D. Frame; Adams and Reese LLP;
Legal Alert/Article
November 5, 2015, previously published on October 26, 2015
Banks are tasked by the Uniform Commercial Code (the UCC) with using “commercially reasonable” security procedures when processing funds transfers. This responsibility is constantly evolving as bank fraud becomes more sophisticated, and banks and courts respond to attacks.

 

HTMLOSHA’s New Reporting Rules: How Rather Basic Concepts Morphed into Incredibly Strained Definitions
John D. Surma, Collin G. Warren; Adams and Reese LLP;
Legal Alert/Article
November 5, 2015, previously published on October 26, 2015
Effective January 1, 2015, the rules related to the reporting of certain incidents to OSHA changed. The old rules required that employers report the hospitalization of three or more employees and the death of one or more employees. The new rules require employers to report deaths of one or more...

 

HTMLWhite House Announces Another Round of Sweeping Regulatory Adjustments to Cuban Sanctions
Charles P. Adams, Ira Gonzalez; Adams and Reese LLP;
Legal Alert/Article
October 9, 2015, previously published on September 28, 2015
Although Congress has remained cautious of taking any action to ease the American-imposed embargo on the majority of business interactions with Cuba, President Obama’s administration continues to push forward with the implementation of additional revisions to ease sanctions and potentially...

 

HTMLOSHA Bulletin: Recordkeeping and Reporting Post-BFI
John D. Surma, Collin G. Warren; Adams and Reese LLP;
Legal Alert/Article
October 9, 2015, previously published on September 28, 2015
In a prior OSHA Bulletin, we wrote about the National Labor Relations Board’s decision in the case of Browning-Ferris Industries of California, Inc., d/b/a BFI Newby Island Recyclery, and FPR-II, LLC, d/b/a Leadpoint Business Services, and Sanitary Truck Drivers and Helpers Local 350,...

 

HTMLOSHA Violations: Managers and Others May Have Personal Civil and/or Criminal Liability
John D. Surma, Collin G. Warren; Adams and Reese LLP;
Legal Alert/Article
September 17, 2015, previously published on September 15, 2015
Historically, there are few criminal convictions for violations of the Occupational Safety and Health Act of 1970, and the majority of those violations were related to dishonesty during OSHA inspections and interviews. Though criminal prosecutions under the Act are relatively few, OSHA’s...

 


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