Insights

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Oct 10, 2013 | Banks are Increasingly Becoming Targets of Americans with Disabilities Act ATM Class Action Lawsuits

Just recently, however, ATMs have become the focus of law firms that specialize in representing disabled individuals. Certain law firms have filed hundreds of almost identical ADA ATM class action lawsuits in federal court since March 2012. Some of t...

Oct 8, 2013 | Community Bank Pays $8.2 Million Penalty for Money Laundering Violations

Saddle River Valley Bank (SRVB), a two-branch New Jersey community bank whose assets were acquired by Center Bancorp Inc. in 2012, has agreed to pay $8.2 million to settle claims that it violated anti-money laundering laws. U.S. Attorney Paul Fi...

Oct 7, 2013 | Owners of Jensen Farms Indicted for Listeria Outbreak

The listeria outbreak killed 33 people and sickened 147 people across 28 states. It is considered the deadliest food-borne outbreak in more than 25 years according to the Centers for Disease Control (“CDC”). U.S. Attorney John Walsh said the case ser...

Oct 3, 2013 | Food Safety & FDA Hit Hard Under Government Shutdown

In short, the current government shutdown endangers the food safety of U.S. citizens in real and tangible ways. The shutdown will also have a negative economic impact for companies that rely on FDA for registrations, approvals and releases of the pro...

Sep 26, 2013 | The Rules for Civil Case Settlements Undergo Revision

Illinois Governor Patrick Quinn recently signed into law Public Act 098-0548. The Act amends the Illinois Code of Civil Procedure by adding a new statutory section (735 ILCS 5/2-2301) that substantially alters the way that civil settlement agreements...

Sep 23, 2013 | Department of Labor Extends Fair Labor Standards Act Protections to Home Health Care Workers

In a rule that will become effective on January 1, 2015, the US Department of Labor has made significant changes to a longstanding provision of the Fair Labor Standards Act (FLSA) as it applies to companies and individuals who provide companionship s...

Aug 14, 2013 | Illinois Court Creates a Bright Line Rule in the Enforcement of Restrictive Covenants in Employment Agreements

The holding of Fifield affects all current and future noncompetition and non-solicitation clauses in employment agreements in the state of Illinois. There must be another form of consideration between the employer and employee to avoid the mandatory...

Aug 12, 2013 | Securities and Exchange Commission Gets Serious About New "Admit It" Policy

This week the Securities and Exchange Commission (SEC) demonstrated that the agency is serious about enforcing its new “admit it” policy, which they unveiled earlier this year, since the SEC indicated that it would require JPMorgan Chase to admit wro...

Jul 23, 2013 | The Foreign Corrupt Practices Act in Latin America

Given the increasing amount of FCPA investigations and actions targeting Latin America, domestic and foreign companies would be well advised to undertake a risk assessment of the company’s corporate structure to evaluate where, and under what circums...

Jul 17, 2013 | Florida Supreme Court Rules that a Home Builder's Implied Warranties Apply to Subdivision Improvements that Provide "Essential Services" to Homeowners

Maronda Homes, Inc. v. Lakeview Reserve Homeowners Assn., Inc., 2013 WL 3466814 (Fla. July 11, 2013) The Lakeview Reserve Homeowners’ Association sued Maronda Homes for breach of implied warranty, alleging that defects in the design of the roadw...

Jul 11, 2013 | DOMA and U.S. v. Windsor - What Might it Mean to You?

Federal tax advantages now available to same-sex couples include the ability to file joint federal income tax returns, spousal retirement plan contributions and rollovers, tax-free health care coverage, unlimited gift and estate tax deductions for tr...

Jul 9, 2013 | Securities and Exchange Commission Announces New Enforcement Initiatives

The Securities and Exchange Commission (Commission) announced three new initiatives that will build on its Division of Enforcement's (Division) ongoing efforts to concentrate resources on high-risk areas of the market and bring cutting-edge technol...

Jul 8, 2013 | Florida Law Update: Recent Amendments Affecting Foreclosures

House Bill 87 (HB 87), an act relating to foreclosures (the “Act”), has been signed into law, effective July 1, 2013. The Act affects: 1.    The statute of limitations and recoverable amounts in an action to enforce a claim for deficiency judgment...

Jul 3, 2013 | Obama Administration Delays Affordable Care Act's Employer Mandate and Reporting Requirements Until 2015

The Obama administration announced on July 2, 2013, that it will delay enforcing two key parts of the Affordable Care Act (ACA) until 2015, including the ACA’s reporting requirements and the requirement that businesses provide health care coverage...

Jul 2, 2013 | Court Rules Hobby Lobby Can Challenge the Affordable Care Act's Contraception Mandate and Will Not Have to Pay Fines

On June 27, 2013, the Tenth Circuit Court of Appeals in Denver ruled that Oklahoma City-based arts-and-crafts retailer Hobby Lobby Stores, Inc. may contest the contraception mandate provision of the Affordable Care Act and will not have to pay fine...

Jul 1, 2013 | UPDATE - $1 Billion Workers' Compensation Rebate to Public and Private Employers

Ohio Governor John Kasich’s proposed a one-time dividend of $1 billion for private and public employers who are state-funded for purposes of workers’ compensation coverage in Ohio has been approved by the Bureau of Workers’ Compensation (BWC) Board o...

Jul 1, 2013 | 2013 Statutory Revisions to Condominium, Homeowners' Association and Cooperative Acts

Three bills have recently been signed into law by the Florida Governor that may be of particular interest to condominium, homeowners’ and cooperative associations. House Bill 73 becomes effective on July 1, 2013, and revises the Condominium, Homeowne...

Jun 28, 2013 | The Affordable Care Act: PCORI Fee Due July 31, 2013

As we described in our Alert of March 14, 2013, the Affordable Care Act (“ACA”) imposes a fee on sponsors of self-funded plans and issuers of individual and group health insurance policies to pay for the research conducted by the Patient-Centered Out...

Jun 27, 2013 | Generic Drug Company Liability: What the Bartlett Decision Means to Your Company

Generic drug makers may take comfort from the reasoning contained in the June 24, 2013, U.S. Supreme Court ruling in Mutual Pharmaceutical Co. v. Bartlett (Docket No. 12-0142). The decision eliminates virtually all lawsuits by injured patients agains...

Jun 27, 2013 | United States Supreme Court Decision Makes it Easier for Employers to Defeat Title VII Retaliation Claims

The Nassar decision should curtail employees asserting discrimination in anticipation of being fired or disciplined, and then claiming the discipline was in retaliation for complaining of discrimination. It should also lead to fewer frivolous retalia...

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