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Are Restrictive Covenants Alive Or Dead?
The recent disputes between Hewlett-Packard Co. ("HP") and its former president and chief executive officer, Mark Hurd, have been the topic of much intrigue and public consumption. In addition, the publicity has prompted discussion of whether and under what circumstance restrictive covenants ("non...
Read MoreIs An Adverse Employment Consequence A Necessary Element For A Failure To Accommodate Claim In New Jersey?
The New Jersey Supreme Court recently said maybe not. In Victor v. State, 2010 N.J. LEXIS 834 (Sept. 13, 2010), the Court refrained from determining if an identifiable adverse employment consequence is an essential element of an employee's failure to accommodate claim under the New Jersey Law...
Read MoreAntitrust Considerations In Forming Accountable Care Organizations And Bundled Payment Arrangements Under The Healthcare Reform Act
The recent healthcare reform act, The Patient Protection and Affordable Care Act (the "Act"), seeks to improve the nation's healthcare delivery system, in part, through incentives to enhance the quality of healthcare services provided to consumers, improve the healthcare outcomes for consumers and...
Read MoreLeadership - And The "Extra Mile"
Effective leaders understand the potential negativity of the phrase "go the extra mile." They know success usually only requires "going the extra foot." Sometimes, it's just going the extra few inches. In the 2010 "fastest man in the world" event, the indoor 60...
Read MoreE-Discovery: Opt For Major Changes Rather Than Tinkering At The Edges Of The Rules
Editor: Are your corporate counsel clients concerned about litigation costs? Rose: Litigation costs are a major concern to all of my clients. Given the current economic climate, there is a renewed focus on litigation budgets and controlling costs. Clients are looking for certainty. In that...
Read MoreWhen Is A Claim Not A Claim? New York Courts Reject Insurers' Restrictive Interpretation Of "Claim" Seeking To Limit The Defense Obligation Of Director & Officer Liability Policies
Director and Officer ("D&O") liability insurance policies usually define "claim" such that all counts of a lawsuit constitute a single claim. D&O policies also contain various exclusions for certain types of claims such as contractual liability, unfair competition, antitrust, professional...
Read MoreHow To Rebuff Lender Liability Lawsuits
They're back! Just like in the late 1980s, lender liability lawsuits are on the rise. Commercial borrowers who cannot meet the terms of their loan - or who do not qualify for funding - are asserting: "It's the bank's fault." Can lenders stop these claims? No, since anyone with the capacity to pay...
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