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HTMLAppeal 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;
Legal Alert/Article
October 7, 2015, previously published on October 2, 2015
When 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...


HTMLCalifornia Ban on Waiver of Representative PAGA Claims Not Barred by Federal Arbitration Act, Federal Court Holds
Sherry L. Swieca; Jackson Lewis P.C.;
Legal Alert/Article
October 6, 2015, previously published on September 29, 2015
Declining 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...


HTMLThe Trade Secret; A New IP Star
Andrew J. Pullekins; Buckingham, Doolittle & Burroughs, LLC;
Legal Alert/Article
October 1, 2015, previously published on September 11, 2015
Many 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.


HTMLMareva or Freezing Injunctions in the Cayman Islands
David Harby; Loeb Smith;
Legal Alert/Article
September 28, 2015, previously published by on Autumn 2015
A 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...


HTMLDelaware 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;
Legal Alert/Article
September 23, 2015, previously published on September 21, 2015
In 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...


HTMLNJ Appellate Court Offers New Guidance on Employee Arbitration Agreements
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
September 21, 2015, previously published on September 17, 2015
Earlier 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...


HTMLSummary Judgment Motions: A Culture Shift to Improve Access to Justice
Brett Hodgins; Perley-Robertson, Hill & McDougall LLP/s.r.l.;
Legal Alert/Article
September 15, 2015, previously published on September 11, 2015
Taking 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...


Adobe PDFThe FAA’s Drone Dilemma: The Need for Regulation vs. Liberal Licensing
William (Bill) D. Janicki, Lee C. Schmeer; Schnader Harrison Segal & Lewis LLP;
Legal Alert/Article
September 15, 2015, previously published on September 2015
Perhaps 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...


HTMLSecond Circuit Refines Title VII Pleading Standard
P. Kramer Rice; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
September 15, 2015, previously published on September 14, 2015
The 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...


Adobe PDFThe DOJ’s New Policy of Prosecuting Individuals
Harry Sandick, Julia Stepanova; Patterson Belknap Webb & Tyler LLP;
Legal Alert/Article
September 15, 2015, previously published on September 2015
On 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...


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