Insurance Claims for Solar Panel Defects
September 24, 2013
Recent reports of a quality crisis in the solar panel industry, following years of exploding growth and intense price pressure, have raised the specter of a wave of litigation.
Your Business: Someone Online Hates You
September 02, 2013
As word of mouth moves online, lawyers occupy the same place today that hotels were in a decade ago: just starting to face the prospect of widespread use of online user reviews, and concerned that such reviews will crater their businesses. The following 10 tips will put these concerns into context and explore which methods of responding to negative feedback are effective and ethical and which ones aren't.
Court Watch
September 02, 2013
Hotel Franchisor to Face Trial on Vicarious Liability Claims <br>Federal Court Rejects Franchisee's Unclean Hands Defense<br>Court Dismisses Licensee's Fraud in the Inducement Claim under Parol Evidence Rule
Year-End Benefit Planning and Accounting Treatment
September 02, 2013
A '79 group benefit plan has funding and timing opportunities similar to qualified plans without the added expenses and discrimination testing of '401(a)-type plans. The reporting at the employer level is less complex and draconian. Nevertheless, as with all accounting issues, it is up to the employer's accountant to interpret FASB statements and opinions, and make the final decision as to how individual transactions are reflected on the employer's financial statements.
Does the SEC Still Care About Financial Reporting Cases?
September 02, 2013
In recent years, the U.S. Securities & Exchange Commission (SEC) has brought far fewer revenue recognition and other financial reporting cases than it had historically. That leads us naturally to wonder whether this trend will continue in the future. Not likely.
Franchise Compliance
September 02, 2013
Every franchise system chief executive encounters situations in which a franchisee has a good reason for not complying with a rule, or in which the infraction is fairly minor. But how can a franchisor be sure about where to draw the line and how strictly to enforce the rules that are set out in the franchise agreement or operations manual?
Joint Defense Agreement Considerations in NPE Patent Litigation
September 02, 2013
Accused infringers in patent litigation, especially against non-practicing entities (NPEs), often form joint defense groups to defend against common claims brought in one or more actions. A written agreement of the joint defense group can make plain the respective rights and obligations of each group member and evidence to the court a requisite alignment of common interest underpinning the group. The following is a selection of relevant considerations to support productive group interaction through appropriate provision in the joint defense agreement.
Preemption and Generic Drug Liability
August 29, 2013
Recent cases attempt to further explain courts' interpretations of preemption principles in the context of generic drug labeling and liability. It is further evidence that each case is fact-based, and the final chapter in this area likely has not yet been written.
Recent Developments Since <i>Pliva v. Mensing</i>
August 29, 2013
In <I>PLIVA v. Mensing</I>, a 5-4 majority of the Supreme Court held that federal regulations applicable to generic pharmaceuticals preempt state law claims alleging that the manufacturers failed to warn consumers of the drug's risks.
