Blogs & Social Media Sites

Blogs

  • Class Counsel Blog
  • Robins v. Spokeo Inc: the Light at the End of the Tunnel for Rule 23 Privacy Class Actions...or the Headlights of an Oncoming Train

    Still no word from the Supreme Court in what is the most important privacy class action and consumer case of the decade, Robins v. Spokeo Inc. Read More ›

    Second Circuit Joins Circuits Limiting Impact of Individualized Damages Issues on Rule 23(b)(3) Certification After Comcast

    The United States Court of Appeals for the Second Circuit has joined the growing number of circuit courts that have rejected a broad reading of Comcast Corp. v. Behrend, 133 S.Ct. 1426 (2013).  In Roach v. T.L. Cannon Corp., 2015 WL 528125 (2d Cir. Feb. 10, 2015), the Second Circuit held that Comcast left undisturbed the Second Circuit’s prior holdings that individualized damages determinations alone cannot preclude class certification under Rule 23(b)(3).    Read More ›

    Picking Up the Challenge Flag: Retired NFL Players Cannot Appeal Concussion Settlement Yet

    In In re National Football League Players Concussion Injury Litigation, -- F.3d --, 2014 WL 7331936 (3d. Cir. Dec. 24, 2014), the Third Circuit held that seven retired NFL players cannot challenge the settlement agreement reached between the parties at this time.  The Third Circuit found that the District Court’s order “conditionally” certifying the class in the context of its preliminary approval of the class settlement was not an order “granting or denying class action certification” that was appealable under Rule 23(f). Read More ›

  • Construction Law News Blog

    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.

  • Executive Order Increases Reporting Burden on Government Contractors

    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 ›

    Ohio Supreme Court Clarifies What is a "Pay-if-Paid" Clause

    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 ›

    AIA Contracts Help Effectively Allocate Risks and Result in Predictable Interpretations

    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 ›

  • Distress to Success

    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.”

  • The New Distress Indices

    On Monday, we released three new research indices tracking distress in U.S. financial markets.    Read More ›

    Obamacare and Antitrust

    One of the interesting tensions in the healthcare industry right now is the need for consolidation versus antitrust consolidation prohibitions. Read More ›

    Acquiring The Distressed Healthcare Business: Dealing with Government Provider Liabilities

    When it comes to distressed healthcare M&A, the thorniest issues often ride on provider agreement liabilities with Medicare and Medicaid.    Read More ›

  • Financial Services Blog

    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.

  • What Last Year’s Data Privacy Rulings May Hold For Future Consumer Class Action Lawsuits – Some Predictions for Financial Institutions

    Frost Brown Todd has an active practice of experienced lawyers who regularly counsel clients on all aspect of class action defense and prosecution.   After analyzing recent case law developments in the class action world, some interesting observations and predictions are offered in the Class Action Section’s Class Counsel Blog Year-in-Review. Read More ›

    Key Points for Bankers Concerning Federal Income Tax Filing Requirements When Discharging a Debt

    As the 2015 tax filing season begins, it is important that individuals and businesses understand their reporting and filing obligations under the federal income tax laws.  In certain situations where a financial institution discharges a debt, a Form 1099-C, Cancellation of Debt, must be filed with the Internal Revenue Service on or before February 28, 2015 (March 31, 2015 if electronically filed).  Generally, for debt that was discharged during 2014, a creditor must file a Form 1099-C when the following three conditions are met: (1) the debt discharged was $600 or more; (2) the creditor is an applicable entity; and (3) an identifiable event has occurred. Read More ›

    WEST VIRGINIA SUPREME COURT DISMISSES M.E.R.S. RECORDING FEE PUTATIVE

    In State ex rel. U.S. Bank National Association v.  McGraw, Frost Brown Todd recently assisted in obtaining a dismissal, with prejudice, of a putative class action filed by Wyoming County, West Virginia claiming that the use of the private corporation, Mortgage Electronic Registration Systems, Inc., commonly known as “MERS”, as the designee for assignments of deeds of trust in West Virginia violates state law and unjustly enriched the trustees of various mortgage backed security trusts. Wyoming County asserted that the use of MERS (1) undermines the integrity of the counties’ real property records, to the detriment of an open and vibrant real estate market, (2) fails to provide transferees in the MERS registry with adequate perfection of the debts secured by the trust deeds, (3) deprives the counties of revenue, and (4) unjustly enriches the trustees through the nonpayment of recording fees. Read More ›

  • International Services Group

    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.

  • The Moving Target of Foreign Investment in China

    Foreign investment projects in the People’s Republic of China (“PRC”) are approved on a case-by-case basis. The approval is principally driven by the “Three Laws on Foreign Investments”: the Sino-Foreign Equity Joint Venture Enterprise Law (“Equity Joint Venture Law”), the Wholly Foreign Owned Enterprise Law (“WOFE Law”), and the Sino-Foreign Cooperative Joint Venture Enterprise Law (“Cooperative Joint Venture Law”). Read More ›

    CIETAC UPDATES ITS ARBITRATION RULES

    The China Council for the Promotion of International Trade/China Chamber of International Commerce (or “CIETAC”), a leading arbitral body in China, recently amended its Arbitration Rules.  While some of the amendments and additions are relatively minor, the changes provide for several new options to parties who use CIETAC for arbitration. Read More ›

    China’s “Golden Age” Investment Opportunity

    China’s healthcare market is expected to grow from $357 billion in 2011 to $1 trillion by 2020 according to McKinsey & Company. This makes China the most attractive healthcare market in the world. Specifically, attention should be paid to China’s elder care sector. According to the CIA’s World Factbook, more than 280 million people in China are 55 and older. The United Nations estimated that by 2025 there will be 64 elderly retired people in China for every 100 workers, whereas only 33 retirees for every 100 workers by 2050 is projected for the United States. Given how much of a challenge it is even for a developed economy like the United States to handle its elder care, China’s problem is entirely on a different scale. Read More ›

    Social Media Sites


    Facebook
    Facebook is a social networking website intended to connect friends, family, and business associates. It is the largest of the networking sites.


    Twitter
    Twitter is a website, owned and operated by Twitter Inc., which offers a social networking and microblogging service, enabling its users to send and read messages called tweets.


    LinkedIn
    LinkedIn is a business-oriented social networking site. Founded in December 2002 and launched in May 2003, it is mainly used for professional networking.

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