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The Future of Class Arbitration Part III
April 22, 2014
In addition to a lack of clarity regarding the avenues through which class arbitration may survive, debate surrounding...
April 22, 2014
In addition to a lack of clarity regarding the avenues through which class arbitration may survive, debate surrounding...
The Future of Class Arbitration Part II
April 22, 2014
In light of the above class arbitration jurisprudence, it is evident that the Supreme Court is quite hostile to class arbitration. ...
April 22, 2014
In light of the above class arbitration jurisprudence, it is evident that the Supreme Court is quite hostile to class arbitration. ...
The Future of Class Arbitration Part I
April 22, 2014
In recent years, the Supreme Court has frequently granted certiorari in class arbitration cases. In the wake of AT&T...
April 22, 2014
In recent years, the Supreme Court has frequently granted certiorari in class arbitration cases. In the wake of AT&T...
Court Won’t Upset Settlement or Fees In Dentists’ Suit Against Horizon
April 22, 2014
The New Jersey Supreme Court will not disturb a class-action settlement between Horizon Blue Cross Blue Shield of New Jersey and about 17,000 dentists alleging improper claims processing and violations of state prompt-payment laws. Nor will the court consider a request to enhance counsel fees, which leaves the plaintiffs' law firm, Roseland's Mazie Slater Katz & Freeman, about $190,000 short of what it was seeking. The court's April 8 decision, declining to hear appeals in Kirsch v. Horizon,...
April 22, 2014
The New Jersey Supreme Court will not disturb a class-action settlement between Horizon Blue Cross Blue Shield of New Jersey and about 17,000 dentists alleging improper claims processing and violations of state prompt-payment laws. Nor will the court consider a request to enhance counsel fees, which leaves the plaintiffs' law firm, Roseland's Mazie Slater Katz & Freeman, about $190,000 short of what it was seeking. The court's April 8 decision, declining to hear appeals in Kirsch v. Horizon,...
FCPA and Sarbanes-Oxley Combo=Higher Lawsuit Risk
April 21, 2014
Stricter enforcement of the Foreign Corrupt Practices Act, combined with Sarbanes-Oxley’s accounting requirements and an aggressive plaintiffs bar, has increased the litigation risk for public companies and their executives. Although the FCPA preceded SOX by 30 years, the internal controls, rules and compliance regime imposed by SOX forced companies to tie their FCPA compliance programs to their financial control and reporting to avoid additional liability for themselves, their directors and their...
April 21, 2014
Stricter enforcement of the Foreign Corrupt Practices Act, combined with Sarbanes-Oxley’s accounting requirements and an aggressive plaintiffs bar, has increased the litigation risk for public companies and their executives. Although the FCPA preceded SOX by 30 years, the internal controls, rules and compliance regime imposed by SOX forced companies to tie their FCPA compliance programs to their financial control and reporting to avoid additional liability for themselves, their directors and their...
The NLRB Busts Hospital for Discouraging Negativity
April 21, 2014
Trying to keep the attitude in your workplace positive? Watch out, the National Labor Relations Board might object. The board released a decision earlier this month objecting to elements of the Values and Standards of Behavior Policy at Hills and Dales General Hospital in Cass City, Mich.—a policy seemingly designed to eliminate attitude problems at work and reinvigorate workplace culture. The parts of the policy rejected by the board forbid negative comments from employees as well as unprofessional...
April 21, 2014
Trying to keep the attitude in your workplace positive? Watch out, the National Labor Relations Board might object. The board released a decision earlier this month objecting to elements of the Values and Standards of Behavior Policy at Hills and Dales General Hospital in Cass City, Mich.—a policy seemingly designed to eliminate attitude problems at work and reinvigorate workplace culture. The parts of the policy rejected by the board forbid negative comments from employees as well as unprofessional...
Mediator Not Required to Report Lack of Good Faith to Court
April 21, 2014
The court refused to sanction one party for leaving the mediation without notifying the other side or sending a representative without adequate authority because the mediator’s report did not indicate a problem. The court refused to sanction the other side for improperly disclosing confidential mediation information in its motion for sanctions, stating that since the mediator was not required to report lack of good faith the party’s only recourse was to move for sanctions. Freedom Scientific...
April 21, 2014
The court refused to sanction one party for leaving the mediation without notifying the other side or sending a representative without adequate authority because the mediator’s report did not indicate a problem. The court refused to sanction the other side for improperly disclosing confidential mediation information in its motion for sanctions, stating that since the mediator was not required to report lack of good faith the party’s only recourse was to move for sanctions. Freedom Scientific...
Client Successfully Challenges His Counsel’s Authority to Enter Settlement Following Mediation
April 21, 2014
The authority of counsel to settle the case two days after mediation was challenged by his clients; the court reversed a decision to enforce the settlement agreement, concluding that there was no evidence that counsel had explained the terms of the settlement to his clients. Lemoine v. Thornton, No. CA 13-889 (La. App., February 12, 2014)
April 21, 2014
The authority of counsel to settle the case two days after mediation was challenged by his clients; the court reversed a decision to enforce the settlement agreement, concluding that there was no evidence that counsel had explained the terms of the settlement to his clients. Lemoine v. Thornton, No. CA 13-889 (La. App., February 12, 2014)
BofA Reaches $772M Pact With Feds for Card Add-ons
April 21, 2014
It’s a big bill for Bank of America. Last week, the Consumer Financial Protection Bureau announced it came to a $772 million deal with the bank to settle allegations it deceptively marketed products and illegally billed customers, according to Michael Lacy and Scott Kelly of Troutman Sanders. They report the bank is set to refund $727 million to its customers and pay fines totaling $45 million to the CFPB and the Comptroller of the Currency. Read more: http://www.corpcounsel.com/id=1202651005792/BofA-Reaches-%24772M-Pact-With-Feds-for-Card-Add-ons#ixzz2ytTZp700
April 21, 2014
It’s a big bill for Bank of America. Last week, the Consumer Financial Protection Bureau announced it came to a $772 million deal with the bank to settle allegations it deceptively marketed products and illegally billed customers, according to Michael Lacy and Scott Kelly of Troutman Sanders. They report the bank is set to refund $727 million to its customers and pay fines totaling $45 million to the CFPB and the Comptroller of the Currency. Read more: http://www.corpcounsel.com/id=1202651005792/BofA-Reaches-%24772M-Pact-With-Feds-for-Card-Add-ons#ixzz2ytTZp700
Class-Action Defense Costs Jump a Whopping 12 Percent
April 20, 2014
As college classes wind down for the year, there’s another sort of class that’s really taking off, and that’s class-action lawsuits. According to Carlton Fields Jorden Burt’s 2014 class-action survey, companies reported a whopping 12 percent increase in their annual class-action spending from 2012 to 2013. In addition, almost 25 percent of corporations anticipate their spending will continue to rise in an attempt to defend and ward off litigants. And they’re not fighting over a few cents....
April 20, 2014
As college classes wind down for the year, there’s another sort of class that’s really taking off, and that’s class-action lawsuits. According to Carlton Fields Jorden Burt’s 2014 class-action survey, companies reported a whopping 12 percent increase in their annual class-action spending from 2012 to 2013. In addition, almost 25 percent of corporations anticipate their spending will continue to rise in an attempt to defend and ward off litigants. And they’re not fighting over a few cents....
