Blogs & Social Media Sites
Once again, a mass cyber security breach has triggered a class action lawsuit – this time against the electronic commerce giant, eBay. In late July 2014, a class action was filed in the United States District Court for the Eastern District of Louisiana on behalf of a putative class of over 125 million eBay customers. Green v. eBay, Inc., Case No. 2:14-cv-01688-SM-KWR (E.D. La.) The suit alleges that in February and/or March of 2014, identity thieves gained access to customers’ personal account information, which was possible due to “inadequate security in regard to protecting identity information for its millions of customers.” The suit also criticizes eBay for failing to disclose the breach to customers until May 21, 2014, despite eBay’s earlier knowledge of the breach. Read More ›
With the explosive and divisive dialogue surrounding the immigration debate in Washington, D.C., it was inevitable that litigants would eventually seek judicial intervention. On July 31, 2014, the American Civil Liberties Union, the American Immigration Council, and the Northwest Immigrant Rights Project filed a complaint and motion for preliminary injunction seeking to stop the expedited deportation of minors unless they receive legal representation. J.E.F.M. v. Holder, 2:14-cv-01026 (W.D. Wash. 2014). Read More ›
National Labor Relations Board Continues to Reject Class Waivers Despite Contrary Circuit Court Decisions
This Tuesday, a National Labor Relations Board administrative law judge held that UnitedHealth Group Inc. could not enforce an arbitration agreement to prevent employees from litigating a class action in federal district court that arose out of UnitedHealth’s alleged violations of the Fair Labor Standards Act (“FLSA”). Read More ›
The Construction Law News Blog is a resource for today's construction industry professionals. The blog discusses a variety of legal issues. Some of these issues include risk management, contract preparation, payment disputes and dispute resolution.
On July 31, 2014, President Obama issued the latest in a series of executive orders impacting government contractors. This order, titled “Fair Pay and Safe Workplaces”, mandates contractors self-report any issues they may have had in complying with various labor laws. While the specifics of this new self-reporting requirement will be set out in forthcoming regulations, contractors can expect that their regulatory burdens have taken a substantial step up. In addition, the order impacts the enforceability of arbitration agreements contained in certain employment contracts. Each of these major changes is addressed below. Read More ›
On July 17, 2014, the Ohio Supreme Court continued its literal interpretation and application of construction contracts. In the case, Transtar Elec., Inc. v. A.E.M. Elec. Servs. Corp., Slip Opinion No. 2014-Ohio-3095, a general contractor hired a sub-contractor to provide electrical services for the installation of a pool at a hotel. The sub filed suit seeking payment of $44,000 that was never paid by the GC or project owner. The subcontract included the following language:
"(c) The Contractor shall pay to the Subcontractor the amount due under subparagraph (a) above only upon the satisfaction of all four of the following conditions: * * * (iv) the Contractor has received payment from the Owner for the Work performed by the Subcontractor. RECEIPT OF PAYMENT BY CONTRACTOR FROM THE OWNER FOR WORK PERFORMED BY SUBCONTRACTOR IS A CONDITION PRECEDENT TO PAYMENT BY CONTRACTOR TO SUBCONTRACTOR FOR THAT WORK." Read More ›
It is sometimes difficult to tell whose insurer will be liable for certain occurrences on a construction project. The whole purpose of contracting is to allocate risk—hopefully to the party that is better situated to deal with that risk. In allocating that risk, all parties need to know which party is ultimately responsible for insuring against certain risks. While some court opinions can leave a reader unsure of the ultimate holding and its application, the Indiana Court of Appeals recently issued a clear and concise opinion regarding issues of insurer liability in the context of interpreting an American Institute of Architects (AIA) standard form agreement. Read More ›
The Distress to Success blog, based off of the book by Bobby Guy, focuses on distressed investing, events in the acquisition markets, and restructuring issues. “Distress to Success” is written for the business leader struggling to return a company from the “red” into the “black.”
One of the interesting tensions in the healthcare industry right now is the need for consolidation versus antitrust consolidation prohibitions. Read More ›
When it comes to distressed healthcare M&A, the thorniest issues often ride on provider agreement liabilities with Medicare and Medicaid. Read More ›
Regardless of political positions, one of the astounding facts about the Affordable Care Act (i.e., Obamacare) is how much the law attempts to accomplish. Read More ›
The Financial Services Blog offers the latest information on banking development and litigation trends. Topics range from commercial and consumer lending through bankruptcy, lender liability defense, and the Dodd-Frank Act through Regulations JJ.
The Equal Credit Opportunity Act’s ban against credit discrimination on the basis of race, gender, national origin, and the other prohibited bases listed in the law – including marital status - is not terribly complex. Since its enactment 40 years ago, the ECOA has generated only a small fraction of the lawsuits that the Truth in Lending Act has spawned. Nevertheless, one ECOA rule in particular has continuously been an Achilles’ heel for creditors – the Spouse Guarantor Rule. The Rule is particularly difficult to apply because it attempts to address what would seem to be a logical credit request in the structuring of a loan; that is, the personal guaranty of husband and wife business owners, who often hold jointly-owned assets. A decision last month by the Sixth Circuit Court of Appeals in RL BB Acquisition, LLC v. Bridgemill Commons Development Group, LLC, has now strengthened the Rule by giving it both sword and shield status in the arsenal of a spouse-guarantor defending the enforcement of a guaranty Read More ›
Supreme Court of Kentucky Rules on Check Fraud Case Involving Articles 3 and 4 of the Uniform Commercial Code.
On June 19, 2014, the Supreme Court of Kentucky issued its decision regarding check fraud in the case of Mark D. Dean, P.S.C. v. Commonwealth Bank & Trust Company. This is an important decision for Kentucky banks and employers who authorize employee signatories on company bank accounts. Read More ›
Witness Only Closings in West Virginia and Notary Fees: Is Your Bank at Risk for a Class Action Lawsuit?
In a class action lawsuit filed in West Virginia, the United States District Court for the Northern District of West Virginia recently held in Dijkstra v. Carenbauer et al (Civil Action No. 5:11-CV-152, Document Nos. 210 and 242) that the closing of real estate loans by non-lawyers constitutes the unauthorized practice of law. The Court held: Read More ›
The International Services Group Blog is a resource for business leaders within the international commerce industry. Frost Brown Todd's international lawyers discuss the latest challenges for international trade and regulation, as well as solutions for those challenges.
In recent years, the United States has become a preferred destination for Chinese acquisitions and strategic investments. This is mostly due to the weak dollar, the US debt crisis, and the desire to gain access to US brands, distribution systems, and technological know-how. However, the biggest concern for Chinese investors entering the US market is the national security review by the Committee on Foreign Investment in the United States (CFIUS). Read More ›
While the laundry list of challenges is familiar, last week's Financial Times analysis of China's shale oil gas industry makes interesting reading for any U.S. company trying to tap the China market. Whether it be underground reserves or untapped consumer demand, majors and middle-maket companies face the same myriad of "soft" challenges, including the absence of a mature legal structure, crowding out by giant SOEs and intellectual property risks. Read More ›
In recent days, we have seen Chinese firms becoming more aggressive and entering into the U.S. market wanting to invest. Fosun, a Shanghai based firm, recently purchased the One Chase Manhattan Plaza in New York for $725 million. Greenland Group, another Shanghai based firm, recently became a majority owner in a joint venture that will develop a commercial real estate project in downtown Brooklyn. Earlier this year, a Chinese property developer became a 40% stakeholder in the General Motors Building in Manhattan. Read More ›
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