Global Corruption Enforcement
November 30, 2014
Counsel, directors and managers of multinational companies that have corporate compliance programs and codes of conduct in place may think the company has done all it can to reduce the risks posed by potential corrupt employee actions. But these things may not go far enough.
Judicial Scrutiny of 'Other Insurance' Clauses
November 02, 2014
Other insurance" clauses are unique within the liability policy because, unlike the rest of the policy, these clauses apply to the insurer's interaction with other insurers and not to the insurer's interaction with the insured.
What's So Different About Healthcare Leasing Transactions?
November 02, 2014
Among the many types of healthcare real estate transactions, this article focuses on "off-campus" leasing transactions, including why and how leases involving healthcare providers differ from other leasing transactions and what this means for those involved in these transactions.
Electronic Health Records
November 02, 2014
While EHRs are here to stay, what are the benefits and risks of this product? Do they create more or less legal liability for medical providers?
Insurance Coverage In Trademark Disputes
November 02, 2014
On Aug. 20, 2014, summary judgment was granted to the plaintiff insurance company, upholding its denial of coverage to indemnify judgments in two trademark counterfeiting cases. <i>United States Fidelity & Guarantee v. Ashley Reed Trading.</i> The opinion provides insight to trademark practitioners about insurance coverage and provides information about strategies for trademark owners' enforcement efforts.
Deferred Compensation Plans under Section 409A
November 02, 2014
Section 409A applies to any arrangement that postpones payments of compensation to subsequent years. The Notice spells out what is and is not deferred compensation, Single-person Plans, "defined benefit" non-qualified plans, Supplemental Executive Retirement Plans (SERPs) and arrangements for non-employees (directors, trustees and independent contractors).
Employee Noncompete Agreements
November 02, 2014
Due to the low number of reported cases addressing the treatment of noncompete agreements in bankruptcy sales and abundance of conflicting precedents across different states, it is important for attorneys and their clients to anticipate and address these issues early in the bankruptcy sale process.
Practice Tip: Use TACT
November 02, 2014
Much to the chagrin of class action litigation proponents, the expansive reach of mandatory arbitration has gained a strong foothold in recent years, due to the overwhelmingly pro-arbitration precedent established by the Supreme Court in its <I>Concepcion</I> and <I>Italian Colors</I> decisions, which express a clear federal policy in favor of enforcing class action waivers contained in arbitration agreements.
