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|Let’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.;
August 21, 2014, previously published on August 18, 2014An 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...
|United 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;
August 21, 2014, previously published on August 2014Rogers & 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,...
|A Daubert Discussion: Closing the Gate to Unreliable Expert Testimony|
Paula Parisi; Cole, Scott & Kissane, P.A.;
August 20, 2014, previously published on August 12, 2014A “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...
|Court 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;
August 19, 2014, previously published on August 2014In 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...
|Big 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;
August 19, 2014, previously published on August 11, 2014Attention 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...
|Can 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;
August 19, 2014, previously published on August 15, 2014Executive 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...
|Constructive 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;
August 19, 2014, previously published on August 2014Robinette 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,...
|Where 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;
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...
|WTO Appellate Body Upholds Panel in China - Rare Earths Dispute|
Duane W. Layton, Nikolay Mizulin, Paulette Vander Schueren; Mayer Brown LLP;
August 19, 2014, previously published on August 13, 2014The 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 -...
|Toronto City Council Approves Creation of Local Appeal Body|
David Bronskill; Goodmans LLP - Toronto;
August 19, 2014, previously published on August 11, 2014On 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...