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Articles from Related Newsletters
Supreme Court Makes It Easier For Employers to Sue for RetaliationEmployment Law StrategistIn a pair of workplace discrimination cases, the Supreme Court on May 27 made it easier for workers to sue employers who retaliate against them for reporting bias.
No Stay for the WearyThe Bankruptcy StrategistThe Delaware Court of Chancery recently emphasized that issues of corporate governance remain the purview of the state of incorporation, notwithstanding the filing of a bankruptcy petition and the accompanying automatic stay, which ordinarily acts to halt proceedings against the debtor.
401(k) Participants May Sue for Breach of Fiduciary DutyThe Corporate CounselorIn a closely watched case arising under ERISA, the U.S. Supreme Court recently clarified the right of employees to sue plan fiduciaries for mismanaging their individual 401(k) accounts. LaRue v. DeWolff, Boberg & Associates, Inc.
Federal Circuit Split Decision on Public Accessibility of Internet PostingInternet Law & StrategyDo Internet postings constitute printed publications that are available as prior art under 35 U.S.C. §102(b)? Most practitioners and examiners behave as though this were a settled question. It is not.
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Headlines
Does a Patch Need to Match?Property insurance policies typically require repair and replacement of damaged property to be made with "like kind and construction" as the original. Occasionally, a policy will include another phrase that is similar to "like kind and construction," such as "like kind and quality" or "like construction and use." How to interpret such phrases, including how far an insurer must go to maintain the design and aesthetics of the pre-loss property, is an important issue in the claims process.
Challenging Postjudgment Garnishment Actions Against InsurersWhat is a garnishment? Part One of this two-part series explains in depth.
Matching Bad Faith Doctrine and DamagesFailure to follow the purpose and logic of precedent risks irrational outcomes and unjust results. These risks are apparent in recent efforts to apply a "future benefits" rule in cases alleging bad faith by commercial insurers.
Case BriefsRecent rulings of importance to your practice.
September Issue in PDF Format
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