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|Appeal Watch: Judge Scheindlin Sets Trial Parameters and Certifies Appeal Over Clash Between Release of Guarantee and Trust Indenture Act in Caesars’ Noteholder Case|
Michael S. Fox, Adam H. Friedman, Jonathan T. Koevary; Olshan Frome Wolosky LLP;
October 7, 2015, previously published on October 2, 2015When does an out-of-court restructuring of a company with bond debt violate the Trust Indenture Act (the “TIA”)? The Second Circuit will soon visit this issue in the case of BOKF, N.A. v. Caesars Entertainment Corp. To protect minority bondholders, the TIA prohibits actions that impair...
|California Ban on Waiver of Representative PAGA Claims Not Barred by Federal Arbitration Act, Federal Court Holds|
Sherry L. Swieca; Jackson Lewis P.C.;
October 6, 2015, previously published on September 29, 2015Declining to enforce a representative action waiver contained in an arbitration agreement, the Ninth Circuit Court of Appeals, in San Francisco, has held that the Federal Arbitration Act (“FAA”) does not preempt California’s “Iskanian rule,” which prohibits waiver of...
|The Trade Secret; A New IP Star|
Andrew J. Pullekins; Buckingham, Doolittle & Burroughs, LLC;
October 1, 2015, previously published on September 11, 2015Many businesses thrive off of their intellectual property consisting of patents, trademarks, and copyrights. However, a new IP star - the trade secret - is quickly on the rise.
|Mareva or Freezing Injunctions in the Cayman Islands|
David Harby; Loeb Smith;
Legal Alert/ArticleA mareva or freezing injunction is an interim court order, restraining a party from dealing with, or removing, assets from the jurisdiction. Such an order is normally applied for on an ex parte basis (or without notice to the respondent) in order to avoid the risk of the dissipation of the assets...
|Delaware Court Leaves Ousted Executive on His Own for Legal Fees|
Gregory A. Markel, William P. Mills, Brittany Schulman, Martin L. Seidel; Cadwalader, Wickersham & Taft LLP;
September 23, 2015, previously published on September 21, 2015In a September 11, 2015, decision, the Delaware Chancery Court denied a former officer and director advance reimbursement of legal fees in a dispute with his company, despite his insistence that multiple corporate documents and Delaware law entitled him to advancement. The opinion underscores the...
|NJ Appellate Court Offers New Guidance on Employee Arbitration Agreements|
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
September 21, 2015, previously published on September 17, 2015Earlier this month, the New Jersey Appellate Division ruled that employee arbitration agreements, to be enforceable, must contain a “clear and unmistakable” waiver of an employee’s right to a trial in court. In Milloul v. Knight Capital Group, the court, finding no distinction...
|Summary Judgment Motions: A Culture Shift to Improve Access to Justice|
Brett Hodgins; Perley-Robertson, Hill & McDougall LLP/s.r.l.;
September 15, 2015, previously published on September 11, 2015Taking a lawsuit to trial has become an extremely long and expensive process; it is beyond the means of the average Canadian. Addressing this issue and improving access to justice has been the focus of many recent changes to Ontario’s Rules of Civil Procedure. In 2010, several major rule...
|The FAA’s Drone Dilemma: The Need for Regulation vs. Liberal Licensing|
William (Bill) D. Janicki, Lee C. Schmeer; Schnader Harrison Segal & Lewis LLP;
September 15, 2015, previously published on September 2015Perhaps no issue has drawn as much attention to the Federal Aviation Administration in recent months as its much anticipated final regulations for small unmanned aircraft systems (UAS), or drones, expected in the early part of 2017. The FAA is faced with a difficult road ahead in this arena: it...
|Second Circuit Refines Title VII Pleading Standard|
P. Kramer Rice; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
September 15, 2015, previously published on September 14, 2015The Second Circuit Court of Appeals recently remanded a former employee’s racial discrimination lawsuit brought under Title VII of the Civil Rights Act of 1964. In Littlejohn v. City of New York, No. 14-1395 (August 3, 2015), the court held that the “plausibility” standard for...
|The DOJ’s New Policy of Prosecuting Individuals|
Harry Sandick, Julia Stepanova; Patterson Belknap Webb & Tyler LLP;
September 15, 2015, previously published on September 2015On September 9, 2015, Deputy Attorney General Sally Yates of the United States Department of Justice (“DOJ” or the “Department”) issued a new policy memorandum (the “Yates Memo”) entitled “Individual Accountability for Corporate Wrongdoing.” This...