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"Strong Basis In Evidence" - Supreme Court Establishes New Standard For Discard Of Administered Promotional Examinations
The U.S. Supreme Court's recent decision in Ricci v. DeStefano generated significant headlines and interest as a result of its subject matter (white firefighters alleging discrimination in promotional testing) as well as its impact on the confirmation hearings of U.S. Supreme Court nominee Sonia...
Read MoreMandatory Consumer Arbitration
The inclusion of mandatory arbitration clauses in an increasingly large number of consumer contracts has caught the attention of many academics and legislators. In the academic arena, consumer arbitration has been both deeply criticized and adamantly defended. Critics of consumer arbitration point...
Read MoreThe Long(er) Arm Of The Law: Personal Jurisdiction In Securities Actions
Many factors come into play when parties decide whether to resolve their disputes through litigation in state versus federal court. Relevant differences between the two systems include their respective jury pools, the perceived quality of the judiciary, the speed with which the litigation can be...
Read MoreConflicting Provisions/Conflicting Decisions
Does the Class Action Fairness Act trump the anti-removal provision of the Securities Act of 1933 giving concurrent jurisdiction to state and federal courts? In the aftermath of the crumbled financial industry, investors with ruined portfolios are seeking retribution. It should come as no...
Read MoreRecent Government Initiatives Force Banks To Make Important Decisions
In a further effort to lessen the turbulence within the nation's financial markets and, in particular, the banking industry, the Obama administration on Feb. 10, 2009, introduced the Financial Stability Plan (the Stability Plan) and presented a broad outline of its initiatives to the American...
Read MoreCOBRA Requirements Under The Stimulus Legislation
President Obama signed the $787 billion stimulus package, formally known as the American Recovery and Reinvestment Act (the Act), on Feb. 17, 2009. Included within the Act are provisions related to the federal rules governing continuation of group health plan coverage under the Consolidated...
Read MoreTALF, Stimulus And Troubled Assets Deals
Editor: Please tell us about your role at the firm and your background in corporate practice. Joseph: I am a partner in our Business Department and co-chair of our Structured Finance and Securitization Practice Group. My corporate practice also includes traditional M & A work, securities,...
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