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Park Doctrine Prosecutions of Corporate Officers Continues: Stay Alert!
February 29, 2016
Individual corporate officers of pharmaceutical, medical device, food and related companies can be prosecuted for violations of the United States Federal Food, Drug, and Cosmetic Act (FDCA) under the Park Doctrine. Such prosecutions "tip off" plaintiffs' attorneys to possible areas of product liability litigation to bring against a company.
Cost Recovery in 2016
February 29, 2016
2016 is in full swing and we will soon be conducting the 2016 Mattern & Associates Cost Recovery Survey. We've been conducting this bi-annual survey since 2004 and, during that time, it has become an industry resource for tracking the cost recovery practices of law firms across size and geography.
The Disparate Impact of Hiring Practices
February 29, 2016
n a first-of-its-kind decision, the Eleventh Circuit deferred to the EEOC and held that job applicants may bring "disparate impact" claims for age discrimination against potential employers, even in the absence of evidence of intentional discrimination. The court additionally held that the statute of limitations for filing a charge with the EEOC may be tolled in such cases.
ELFA Schedule
February 29, 2016
The Equipment Leasing and Finance Association has released its 2016 calendar of events.
NJ Sports Betting Law Back Before Third Circuit <i>En Banc</i>
February 29, 2016
The state of New Jersey got a second roll of the dice before the U.S. Court of Appeals for the Third Circuit in its attempt to legalize sports betting.
Fed. Ct. Upholds Philharmonic's Firing of Musician
February 29, 2016
The Buffalo Philharmonic Orchestra (BPO) had little choice but to fire its principal oboist for his repeated clashes with the symphony's conductor, other musicians and staff, the U.S. District Court for the Western District of New York found in upholding the "fair and just" findings of an arbitrator.
Remedies Under ERISA When a Plan Participant Spends the Proceeds in a Subrogation Case
February 29, 2016
On Jan. 20, 2016, the United States Supreme Court rendered its decision, in an Eleventh Circuit case in which an ERISA health plan sought to recover medical benefits paid to an injured participant after that participant's personal injury settlement funds had already been spent.
Injured on the Job
February 29, 2016
Successfully negotiating a monetary settlement in an on-the-job injury, discrimination, harassment, retaliation, wage and hour or other employment-related claim is the responsibility of all parties ' both defense and plaintiff. Here's a look at structured settlements.
Does Your Company Employ 50 or More People?
February 29, 2016
Although the Patient Protection and Affordable Care Act (ACA) was enacted nearly six years ago, large employers now must for the first time report to the Internal Revenue Service.
The Progressive Lawyer: Decision-Making and the 'Metaphorical Bias Model'
February 29, 2016
Across the nation, by far the most common setting for deciding domestic relations cases is the bench trial, where the judge sits alone without a jury except in extraordinary circumstance; cases involving domestic torts, for example. In the final analysis, therefore, our judges are our audience. They are certainly more than a passive audience; they are participants in every sense.

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