Are University Football Players Employees?
May 02, 2014
In a move that has surprised many, Chicago-area NLRB Regional Director Peter Sung Ohr has determined that Northwestern University football players who receive grant-in-aid are employees of the University and an appropriate bargaining unit.
The New York Uniform Commercial Code Comes of Age
May 02, 2014
Parties in large non-consumer transactions with no connection whatsoever to New York often choose its law to govern their transactions, and New York statutes permit them to do so. What most people do not know is that the New York Uniform Commercial Code is outdated.
Supreme Court Rules on Standing In False Advertising Cases
May 02, 2014
Until the Supreme Court's recent decision in <i>Lexmark International v. Static Control Components</i>, Inc., courts were divided regarding the proper test to determine whether a plaintiff has standing to bring a false advertising claim under 15 U.S.C. '1125(a). The Supreme Court resolved the circuit split by rejecting the previously applied standards, and created a new, uniform "zone of interests" test.
Landlord & Tenant
May 02, 2014
Discussion of a case in which a landlord was not entitled to recover fees.
When Med Mal and Mass Tort Claims Overlap
May 02, 2014
Medical malpractice litigation is often complex, in-depth, and issue-heavy. Mass tort litigation is the same. What happens when those two areas of practice converge during the course of a case?
The Ever Shifting Landscape in Prescription Drug Design Defect Litigation
May 02, 2014
Aside from preemption, it is quite possible that no legal doctrine has caused more angst to both sides of the pharmaceutical product liability bar, and in turn, the courts, than the interplay of negligence versus strict liability and the viability of a design defect claim against manufacturers of FDA-approved prescription drugs.
Lease Accounting Project
May 02, 2014
Following their recent meetings in March, the FASB and IASB remain at odds on the key issue of how lessees should account for all leases once they are recognized on a balance sheet.
Reimbursement of Advance Benefits
May 02, 2014
Insurance companies are often required to decide whether to pay benefits under the policy before sufficient information is known about the claim to determine whether there will ultimately be coverage. So, what happens if it is later discovered that payments were made for non-covered claims?
Update on <i>Authors Guild v. Google Books</i>
May 02, 2014
Some commentators think the U.S. Court of Appeals for the Second Circuit has already signaled its approval, albeit indirectly, of Google Inc.'s effort to digitize the world's books. After seven years of crusading against Google's book project, the Authors Guild has tapped a new legal team and asked the court for a straight answer.
