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The Road Not Taken: Avoiding Waiver Of Arbitration Rights
Businesses often anticipate the need to resolve disputes and draft arbitration clauses into their contracts. This preserves the option to litigate or arbitrate, depending upon the scope of a specific case and the need to press or close it in a particular time-frame. All too often, however,...
Read MoreAmendments To NJ Family Leave Act Regulations
We write to alert your readers to important changes in New Jersey state regulations that impact employees' right to family and medical leaves. Both federal and state law are implicated in determining an employee's ability to take protected time off from work for a family or medical leave. On the...
Read MoreDirectors & Officers Insurance Coverage: Half Full Or Half Empty?
When directors and officers are sued, they turn to their Directors' and Officers' ("D&O") insurance policies for protection. All too frequently, the insurance company denies coverage, and the policyholder must resort to the courts for relief. As the case law demonstrates, insurers have enjoyed...
Read MoreNew Jersey's "Mass Tort Resource Book"
In 2003, the New Jersey Supreme Court announced the adoption of New Jersey Court Rule 4:38A which, in conjunction with AOC Directive 11-03, established a procedure for requesting mass tort treatment for New Jersey litigation claims. In July 2005 the New Jersey Judiciary published a "Mass Tort...
Read MorePortfolio Rebalancing: Prohibited Principal Transactions Or Fair Allocations Of Investment Opportunities?
If you are a fund manager of more than one pooled investment vehicle, chances are, at some point, you will desire to "rebalance" the portfolios you manage to ensure that such vehicles have pro rata ownership of each securities position. Depending upon the facts and circumstances surrounding the...
Read MoreReminder: Modified Publication Requirements For New York Limited Liability Entities
New publication requirements were adopted by the State of New York as of June 1, 2006. Many entities formed in or qualified to do business in New York will have to take action to comply by June 1, 2007. New York law requires domestic and foreign limited liability companies, professional service...
Read MoreProposed FASB Staff Position Clarifies The Accounting For Liquidated Damages Penalties In Registration Rights Agreements
The long awaited salvation from the havoc of the Securities and Exchange Commission's (SEC) treatment of liquidated damages and other cash settlement provisions may at last be on the horizon. For almost two years now, the SEC has held up registration statements, and in many cases has required...
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