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|Sixth Circuit Clarifies That Settling PRPs Have Contribution, Not Cost Recovery Claims, That Must Be Brought Within Three Years of Entry of the Judgment|
Sudhir Lay Burgaard; Morris Polich & Purdy LLP;
September 23, 2014, previously published on September 3, 2014In Hobart Corp. v. Waste Management of Ohio, Inc. (Nos. 13-3273/3276, July 14, 2014), the Sixth Circuit held that a party settling any of its liability under CERCLA with the United States or a state has a contribution claim under Section 113 and not a cost recovery claim under Section 107....
|TVM Plaintiffs’ Verdict: Jury Finds J&J’s Ethicon Unit Liable in Bellwether Trial|
September 23, 2014, previously published on September 5, 2014Today, a Charleston, W. Va., jury found Johnson & Johnson’s Ethicon Inc. division liable for injuries plaintiff Jo Huskey sustained after being implanted in 2011 with the manufacturer’s TVT-O sling, and awarded Huskey $3.27 million.
|Court Dismisses Challenge to CFTC Cross-Border Guidance: District Court Dismisses Broad-Based Challenge to CFTC Cross-Border Interpretative Guidance but Remands Several Title VII Dodd-Frank Swaps Rules for Further Cost-Benefit Analysis; Remanded Rules Not Vacated and Will Remain in Force During Remand|
Sullivan Cromwell LLP;
September 23, 2014, previously published on September 18, 2014 On September 16, 2014, the United States District Court for the District of Columbia dismissed a broad-based challenge to the interpretive guidance and policy statement issued by the Commodity Futures Trading Commission (“CFTC”) in July 2013 relating to the extraterritorial application...
|Once the Whistle Has Sounded: Courts Should Aggressively Enforce the False Claims Act's First-to-File Bar|
J. Andrew Jackson, Ryan P. McGovern, Dennis Murashko, Stephen G. Sozio, Tina M. Tabacchi; Jones Day;
September 23, 2014, previously published on September 2014The False Claims Act's ("FCA") first-to-file bar—31 U.S.C. 3730(b)(5)—encourages a race to the courthouse to reward a qui tam relator who promptly discloses fraud against the government. The rule creates an incentive for relators to promptly alert the government to the...
|Fifth Circuit Religious Discrimination Determination Requires Employers to Gauge Sincerity of an Employee’s Religious Beliefs|
Caroline J. Berdzik, Richard A. Braden; Goldberg Segalla LLP;
September 23, 2014, previously published on September 16, 2014Most employers recognize that Title VII of the Civil Rights Act of 1964 (Title VII) prohibits religious discrimination in the workplace and requires private employers to reasonably accommodate an applicant’s or employee’s religious practices and beliefs, subject to limited exceptions....
|City of Providence v. First Citizens Bancshares, Inc., et al.: Delaware Chancery Court Upholds Forum Selection Bylaw With North Carolina Forum That Was Adopted the Same Day as a Merger Agreement|
Sullivan Cromwell LLP;
September 23, 2014, previously published on September 15, 2014 In an opinion on a motion to dismiss issued on September 8, 2014, the Delaware Court of Chancery (C Bouchard) upheld an exclusive forum selection bylaw adopted by a Delaware board of directors that designated a forum outside of Delaware. The decision follows Delaware’s ruling last year in...
|A Primer on the Computer Fraud and Abuse Act|
Adam J. Shafran; Rudolph Friedmann LLP;
September 23, 2014, previously published on September 18, 2014The Computer Fraud and Abuse Act (“CFAA”) is a federal law that has been appearing in lawsuits brought by employers against their former employees at an ever increasing rate. The CFAA prohibits employees from accessing their employer’s electronic information without authorization,...
|In re Cornerstone Therapeutics Inc. Stockholder Litigation: Delaware Chancery Court Declines to Dismiss Claims Against Disinterested Directors Not Pled with Particularity in Transaction in Which Entire Fairness Review Applies|
Sullivan Cromwell LLP;
September 23, 2014, previously published on September 16, 2014 In an opinion issued on September 9, 2014, the Delaware Court of Chancery (VC Glasscock) held that in a controlling stockholder freeze-out merger subject to entire fairness review at the outset, disinterested directors entitled under a company’s charter to exculpation for duty of care...
|What Financial Advisers and Accountants Should Know About Expanded IRS Streamlined Filing Compliance Procedures for U.S. Taxpayers with Unreported Foreign Assets and Accounts|
Bruce M. Bettigole, Maia Cogen, Joseph M. DePew, Carol P. Tello, H. Karl Zeswitz; Sutherland Asbill & Brennan LLP;
September 22, 2014, previously published on September 16, 2014The Internal Revenue Service (IRS) recently announced “major changes” to its offshore compliance programs, including the Streamlined Filing Compliance Procedures (Streamlined Procedures), the delinquent international information return submission procedures (Delinquent Submission...
|Missouri Supreme Court Invalidates Arbitration Agreement and Casts Doubt on Whether Continued Employment Constitutes Sufficient Consideration in Non-Compete Agreements|
McMahon Berger A Professional Corporation;
September 22, 2014, previously published on September 9, 2014Late last month, the Missouri Supreme Court ruled in Baker v. Bristol Care that continued employment was insufficient consideration for enforcing an arbitration agreement. The decision casts doubt on some arbitration agreements many employers have utilized to avoid costly and protracted court...