Opt-Out Incentives: The Ins and Outs
October 02, 2017
As annual open enrollment season approaches, many employers may be evaluating ways in which to control rising health plan costs. One strategy frequently considered is a financial incentive for employees to waive or opt out of the employer-sponsored group health coverage.
Third Circuit Defines 'Received' for Section 503(B)(9) Claims
October 02, 2017
In <I>Haining Wansheng Sofa Co., Ltd. v. World Imports, Ltd. (In re World Imports, Ltd.</I>), the Third Circuit firmly declared that "received" in Section 503(b)(9) connotes actual physical custody of the goods by the debtor. This turnabout in the interpretation of the meaning of "received" is a significant development, given that such claims frequently arise in business bankruptcies.
Developing Brownfields
October 02, 2017
This article examines some of the key aspects of desirability and viability that are working together to make Brownfield redevelopment increasingly attractive in today's real estate market.
What Do Practice Group Leaders Really Do?
October 02, 2017
<b><I>Part One of a Two-Part Article</I></b><p>Managing partners and members of executive committees in the most successful law firms strongly support the concept of having Practice Group Leaders (PGLs) assume a major role in their firms' efforts. Here's why.
Books Rights Win For Daughter of Steinbeck's Widow
October 02, 2017
Susan Kohlmann, managing partner of Jenner & Block's New York office, has secured a shutout win for the stepdaughter of John Steinbeck in the latest installment of a long-running legal feud over book rights that has divided the late author's progeny.
New Sources of Discoverable Evidence
October 02, 2017
<b><I>Part One of a Two-Part Article</I></b><p>Personal assistants, fitness trackers, and automotive black boxes are among the devices whose data and metadata may have big impact in legal cases. Here's why.
<b><I>Escobar's</I></b> Effect on False Claims Act <b><I>Qui Tam</I></b> Actions
October 02, 2017
The Supreme Court, in <I>Universal Health Servs., Inc. v. United States ex rel. Escobar</I>, altered the landscape for FCA litigation. In this case, the Supreme Court instructed lower courts to scrutinize the materiality of the false statements to the government's decision to pay a claim; in doing so, the Court raised the bar for successful prosecution of <I>qui tam</I> claims.
Defamation and the Disgruntled Defendant
October 02, 2017
<b><I>Part One of a Two-Part Article</I></b><p>Analysis of a recent case in which a company, publicly accused by a plaintiff's lawyers of using non-FDA-approved medical devices, fought back by bringing a defamation suit against the opposing attorneys. The decision in the appeal offers some insights into what kinds of allegations may be publicized, and in what circumstances, when a product liability charge is brought.
The Equal Pay Act
October 02, 2017
With the trend among cities and states moving toward closing the gender wage equality gap, the question remains: What was the U.S. Court of Appeals for the Ninth Circuit thinking this April when it decided <I>Rizo v. Yovino?</I>
