FATCA: Final Regulations Raise Questions for Trust Practitioners
In the wake of a series of scandals involving U.S. taxpayers sheltering their assets from the reach of the U.S. Internal Revenue Service (IRS), Congress enacted the Foreign Account Tax Compliance Act...
View ArticleSixth Circuit Stands by School System's Promotion Decisions
Both public and private employers should take note of a recent decision by the Sixth Circuit Court of Appeals that rejected a disgruntled employee’s contention that she was denied promotion...
View ArticleOn-Call Employee Injured While Driving Home From Work Eligible for...
In order for a workers’ compensation claim to be compensable, the injury giving rise to the claim must arise out of and occur in the course of employment. The general rule in Tennessee, and...
View ArticleA New Supreme Court Decision Helps Employers in Harassment Cases
The United States Supreme Court’s decision in Vance v. Ball State just made it easier for employers to defend against some Title VII harassment lawsuits. In a 5-4 decision, the Court rejected...
View ArticleSixth Circuit Court of Appeals Says Nursing Home RNs Are Supervisors
On July 2, 2013, the United States Court of Appeals for the Sixth Circuit in GGNSC Springfield LLC v. NLRB denied enforcement of an order of the National Labor Relations Board (NLRB) that found...
View ArticleFATCA: Final Regulations Raise Questions for Trust Practitioners
In the wake of a series of scandals involving U.S. taxpayers sheltering their assets from the reach of the U.S. Internal Revenue Service (IRS), Congress enacted the Foreign Account Tax Compliance Act...
View ArticleSixth Circuit Stands by School System's Promotion Decisions
Both public and private employers should take note of a recent decision by the Sixth Circuit Court of Appeals that rejected a disgruntled employee’s contention that she was denied promotion...
View ArticleOn-Call Employee Injured While Driving Home From Work Eligible for...
In order for a workers’ compensation claim to be compensable, the injury giving rise to the claim must arise out of and occur in the course of employment. The general rule in Tennessee, and...
View ArticleA New Supreme Court Decision Helps Employers in Harassment Cases
The United States Supreme Court’s decision in Vance v. Ball State just made it easier for employers to defend against some Title VII harassment lawsuits. In a 5-4 decision, the Court rejected...
View ArticleSixth Circuit Court of Appeals Says Nursing Home RNs Are Supervisors
On July 2, 2013, the United States Court of Appeals for the Sixth Circuit in GGNSC Springfield LLC v. NLRB denied enforcement of an order of the National Labor Relations Board (NLRB) that found...
View ArticleNot So Fast - Seventh Circuit Rejects Radio Shack’s FACTA Class Action...
In Redman v. RadioShack Corp., 2014 U.S. App. LEXIS 18181 (7th Cir. Sept. 19, 2014), the Seventh Circuit Court of Appeals joined a recent line of cases rejecting proposed class action settlements...
View ArticleIf Your Home Can’t Move, It’s Not a “Consumer...
In Bennett v. CMH Homes, Inc., No, 13-5423, — F.3d — (6th Cir. Oct. 30, 2014), the Sixth Circuit ruled that a manufactured home is not a “consumer product” under...
View ArticleData Breach Litigation - Financial Institutions Score Another Shot
Previously I wrote about banks joining the legal battle over data breaches. Anyone not living under a rock knows that there is multidistrict class action litigation involving Target’s massive...
View ArticleLitigation Strategy: Avoid the “Selfie” - Let the Expert be the...
It’s human nature to think we’re the smartest person in the room or at the table. It’s also human nature, and a trap for lawyers, to feel like you have to prove that point...
View ArticleSixth Circuit Holds that a “Settlement Offer” is Misleading Under...
What happens when a debt buyer sends a letter to a debtor offering to “settle” a debt—one whose statute of limitations has run? In the Sixth Circuit, at least, a claim...
View ArticleThe 2015 Employer Mandate Is Here; Have Health Care Strategies Becomes...
The year 2015 is here and so is the Affordable Care Act’s (ACA) employer “play or pay” mandate, which has been delayed, in total or in part, twice. On July 2, 2013, the...
View ArticleUber and Lyft Face Class Action Suit in Memphis
The City of Memphis is the site of the latest legal challenge to the peer-to-peer ride sharing services offered by Uber and Lyft. On March 4th, a federal class action lawsuit was filed against Uber and...
View ArticleShould Bond Lawyers Care About Chapter 9 of the Bankruptcy Code?
I have been practicing public finance law for almost thirteen years, and during the first half of that period, I never gave Chapter 9 of the Bankruptcy Code much thought, as prior to the financial...
View ArticleRaising a Drawbridge Objective: Eligibility in Chapter 15 Cross-Border...
Insolvency like international law can lend itself to aggressive protectionism as parties or countries try to preserve their own interests, like medieval lords surrounded their castles with moats and...
View ArticleSEC Adopts Pay Ratio Disclosure Rule
The SEC adopted a final rule in August of 2015 requiring companies to disclose the ratio of their CEOs’ compensation to that of the median compensation of their employees, which includes...
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