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- 2019-10-04
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Latest documents
- Anesthesiologist Disability Insurance Claim Actions You Must Know
Filing a claim for long-term disability (LTD) benefits is not an easy task for anesthesiologists. Insurance claims representatives hope they can find a reason to deny the claim so they can save their employer money. Anesthesiologists sometimes make the representative’s job easy by not presenting their claim in a winning way. At Dell Disability Lawyers,...
- Proposed State Privacy Law Update: March 18, 2024
Keypoint: It was a very busy week with Kentucky on the cusp of passing a consumer data privacy bill, Maryland advancing consumer and children’s bills, and movement on bills in Minnesota, Vermont, Georgia, Maine, and New York. Below is the eighth weekly update on the status of proposed state privacy legislation in 2024. Table of...
- Securities and Exchange Commission Pay Versus Performance Updates
By J. Marc Fosse and Ameera Salem Seyfarth Synopsis: As reporting companies prepare their Pay Versus Performance (PVP) disclosures for their upcoming proxy statements, they should take into consideration the most recent guidance on the topic in Securities and Exchange Commission’s (SEC’s) Compliance & Disclosure Interpretations (CD&Is). The PVP disclosure rules (Item 402(v) of SEC...
- Another Weird Alabama Decision
Alabama has always had some rather unusual jurisprudence. In product liability, the Yellowhammer State doesn’t have negligence or strict liability, but rather a hybrid called the Alabama Extended Manufacturers Liability Doctrine (“AEMLD”). See Casrell v. Altec Industries, Inc., 335 So.2d 128, 132-33 (Ala. 1976). More recently, the Alabama Supreme Court twice adopted the extreme pro-plaintiff...
- Some new questions about how new guidelines are retroactively impacting old federal sentences
Spring is often about new beginnings, and I find myself with a couple new questions about whether, when and how some new guidelines have been (or have not yet been) impacting some old federal sentences. This post may be mostly for the guideline-inclined, but here goes: Question 1: How is implementation of the USSC’s recent...
- Are You Being “Taken” Out at the Ball Game?
If you happened to be out and about this weekend chances are good that you drove past neighborhood athletic fields which are starting to fill with student athletes and their middle aged coaches. In one sense, this is part of the American “Rite of Spring.” It’s that time of year when you stock up on...
- How Corporate Insiders Perceive CEO Inside Debt
The media often highlights hefty CEO compensation packages featuring lucrative stock grants, restricted shares, and stock options. The rationale for offering such equity-type compensation to top executives is to align the interests of managers and shareholders to mitigate agency conflicts between them. Otherwise, managers might deviate from optimal corporate strategies that maximize shareholder value. In...
- States take sides in the raw milk debate
The debate over the legality of raw milk sales continues to stir discussions among legislators, public health officials, and consumers across the United States. Raw milk, which is milk that has not undergone pasteurization to kill harmful bacteria, remains a contentious issue because of its associated health risks and raw milk advocates’ arguments about the...
- Davis Polk Analyzes Comment Letters to FDIC Corporate Governance Proposal
In October 2023, the FDIC proposed enforceable guidelines on corporate governance and risk management that would apply to all state non-member banks with $10 billion or more in assets. Key Facts: The comment period closed on February 9, 2024 66 comment letters were posted as of February 29, 2024 Of the 66 comment letters, 61...
- Birds, rodents, worms and cockroaches in food facility lead to FDA warning
As part of its enforcement activities, the Food and Drug Administration sends warning letters to entities under its jurisdiction. Some letters are not posted for public view until weeks or months after they are sent. Business owners have 15 days to respond to FDA warning letters. Warning letters often are not issued until a company...
Featured documents
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- New Thresholds Are Established For Specific Plans; Late Comments Can Still Derail An EIR
by William W. Abbott and Robert T. Yamachika The 1st Appellate District recently decided a specific plan/CEQA case, Napa Citizens for Honest Government v. Napa County Board of Supervisors (2001) 91 Cal.App.4th 342. While it involves a general law county and not a charter city, the legal principles...
- Company’s Family Leave Policy Did Not Supersede At-Will Agreement
Tomlinson v. Qualcomm, Inc., 97 Cal. App. 4th 934 (2002) While working on a reduced schedule as part of a family leave of absence, Lona Tomlinson was selected for layoff and terminated. Tomlinson asserted that her termination violated the California Family Rights Act (CFRA), Cal. Gov’t Code § 12945....
- Union Comments Made About Employer During Labor Dispute Were Not Defamatory
Steam Press Holdings, Inc. v. Hawaii Teamsters & Allied Workers Union, 302 F.3d 998 (9th Cir. 2002) During the course of a labor dispute, union president Mel Kahele told a number of employees of the company (Steam Press Holdings, Inc.) that the owner of the company, Michael Drace, was “making money”...
- Workers’ Rights
Workplace Fairness is the new Web site from the organization of the same name, devoted to providing information, education and assistance to individual workers and their advocates nationwide. It is affiliated with the National Employment Lawyers Association, a national organization of lawyers who...
- A comprehensive resource on banking law
In 1951, America’s Community Bankers first published The Federal Guide, a compilation of the most important federal laws, regulations, rulings and interpretations affecting the operation of savings institutions and co-operative banks. Over the years, it expanded from one volume to four, plus...
- Blawgers as trade-show exhibitors?
Is it antithetical to blogging for a blogger to exhibit at a commercial trade show? Not sure why, but I fully expected, as I roamed the aisles at LegalTech, to find a familiar name from the blogosphere, grinning from behind a hastily thrown together booth, looking to sell … what? Here’s my...
- Employer May Be Liable For Auto Accident Caused By Employee Who Became Sick From Fumigation
Bussard v. Minimed, Inc., 105 Cal. App. 4th 798 (2003) Barbara Bussard was injured when Irma Hernandez, a Minimed clerical employee, rear-ended Bussard, who was stopped at a red light. Hernandez was on her way home after she became ill at work the day after Minimed had fumigated its premises in...
- Essential Steps in the Preparation of Negative Declarations
by William W. Abbott 1. Describe and consider all project components, including offsite improvements (road work, utilities). – Failure to look at offsite improvements invalidates negative declaration Santiago Water District v. County of Orange (1981) 118 Cal.App.3d 818. San Joaquin Raptor v. County ...