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HTMLLet’s Shake On It: Texas Case Exemplifies the Perils of Adopting a Company-Wide Practice of Oral Agreements
Tiffany L. Cox; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
August 21, 2014, previously published on August 18, 2014
An opinion out of the Fourteenth Court of Appeals demonstrates why employers need to be weary of developing a practice of oral agreements in regards to compensation upon which at-will employees may detrimentally rely. The court affirmed a judgment in excess of $1.1 million in favor of a former...

 

HTMLUnited States Court of Appeals for the Second Circuit Provides Clarification on Definition of Customer Under FINRA Rules
Dan F. Laney, Brett A. "Ben" Rogers, Robert H. "Rob" Snyder; Rogers & Hardin;
Legal Alert/Article
August 21, 2014, previously published on August 2014
Rogers & Hardin partner Ben Rogers was a panelist at the 2014 SIFMA Compliance and Legal Society Annual Seminar and presented on the topic of how courts define a “customer” for purposes of arbitration of customer disputes under applicable FINRA rules. As discussed by that panel,...

 

HTMLA Daubert Discussion: Closing the Gate to Unreliable Expert Testimony
Paula Parisi; Cole, Scott & Kissane, P.A.;
Legal Alert/Article
August 20, 2014, previously published on August 12, 2014
A “battle of the experts” is often the reality in civil litigation. A case may be won or lost based on expert testimony and this is equally true in the context of federal practice. As a result, keeping a plaintiff’s questionable and over-reaching expert testimony out of the...

 

HTMLCourt of Appeals Denies Government’s Petition for Interlocutory Review of Class Certification for African-American Secret Service Agents
Wayne C. Heavener; Semmes, Bowen & Semmes A Professional Corporation;
Legal Alert/Article
August 19, 2014, previously published on August 2014
In In re Johnson, the United States Court of Appeals for the District of Columbia declined to grant an interlocutory review of class certification in an employment discrimination case against the United States Department of Homeland Security (the “Government”). The district court had...

 

HTMLBig Changes for Small Business: Revisions to Protest and Appellate Procedure
Edward T. DeLisle, Maria L. Panichelli, Gary J. Repke, Jr.; Cohen Seglias Pallas Greenhall & Furman PC;
Legal Alert/Article
August 19, 2014, previously published on August 11, 2014
Attention all small business owners! As a result of a final rule issued by the FAR Council on July 25, requirements for protesting small businesses size and eligibility status are changing effective August 25, 2014. This rule, which finalizes an interim rule issued on March 7, 2013, updates size...

 

HTMLCan You Hear Me Now: Employers in California Must Reimburse Employees for Mandatory Work-Related Calls on Personal Cell Phones
Heath H. Edwards, Allison Vasquez; Ford & Harrison LLP;
Legal Alert/Article
August 19, 2014, previously published on August 15, 2014
Executive Summary: A California Appeal Court has held that employees are only required to show that they were required to use their personal cell phone for work-related calls to be entitled to reimbursement under California Labor Code § 2802. In reaching this conclusion, the appeal court held...

 

HTMLConstructive Trust and Posthumous QDRO Proper Where Divorcing Parties Failed to Communicate Terms of Divorce Agreement to Retirement Plan
Colleen K. O'Brien; Semmes, Bowen & Semmes A Professional Corporation;
Legal Alert/Article
August 19, 2014, previously published on August 2014
Robinette v. Hunsecker (No. 90, Court of Appeals of Maryland, July 18, 2014), involved the intersection of a divorce and pension/retirement benefits under a retirement plan sponsored by the Husband’s employer. In terms of the underlying facts, Husband was employed by a public school system,...

 

HTMLWhere Suicide Is Caused by Intentional Infliction of Emotional Distress, Illinois Now Recognizes Ensuing Actions for Wrongful Death and Survival
Melissa A. Murphy-Petros; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
August 19, 2014, previously published on August 13, 2014
The Illinois Appellate Court has held, as a matter of first impression in the state, that where a plaintiff can satisfy the elements of the tort of intentional infliction of emotional distress and the emotional distress is a substantial factor in causing a decedent’s suicide, causes of action...

 

Adobe PDFWTO Appellate Body Upholds Panel in China - Rare Earths Dispute
Duane W. Layton, Nikolay Mizulin, Paulette Vander Schueren; Mayer Brown LLP;
Legal Alert/Article
August 19, 2014, previously published on August 13, 2014
The Appellate Body of the World Trade Organization (WTO) has affirmed a WTO dispute settlement panel’s March 2014 finding that China’s export restraints on rare earths, tungsten, and molybdenum are inconsistent with China’s WTO obligations. The August 7, 2014, decision in China -...

 

Adobe PDFToronto City Council Approves Creation of Local Appeal Body
David Bronskill; Goodmans LLP - Toronto;
Legal Alert/Article
August 19, 2014, previously published on August 11, 2014
On July 10, 2014, Toronto City Council voted 32-8 in favour of establishing a Local Appeal Body (LAB) to hear appeals of minor variance and consent applications from the Committee of Adjustment (COA). The LAB was established under section 115 of the City of Toronto Act, 2006, which permits City...

 


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