January / February
Showing 593–608 of 623 results
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Growing pains – Patent case expands definition of “reasonable royalty”
January / February 2008
Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report
Price: $225.00, Subscriber Price: $157.50
Word count: 941
Abstract: In the recent case Monsanto Co. v. McFarling, a Court of Appeals for the Federal Circuit decision has significant implications for patent infringement damage calculations. This article describes the case’s background and explains the court’s reasoning in the case, which provides plaintiffs with additional ammunition for building a reasonable royalty claim. The decision also requires plaintiffs on both sides of patent infringement cases to look beyond “established” royalty rates at other economic factors that affect the amount to which the parties would agree in a hypothetical negotiation. Citation: Monsanto Co. v. McFarling, 488 F.3d 973 (Fed. Cir. 2007).
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Are you up-to-date on the AICPA’s new valuation standards?
January / February 2008
Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report
Price: $225.00, Subscriber Price: $157.50
Word count: 807
Abstract: Last summer, the American Institute of Certified Public Accountants (AICPA) finalized Statement on Standards for Valuation Services (SSVS) No. 1, which applies to CPAs who perform business valuations in engagements accepted on or after Jan. 1, 2008. This article explains the types of engagements SSVS No. 1 covers and the extent of information a valuation analysis performed by a CPA should contain. The article notes that it’s useful for attorneys and others to become familiar with these and other professional organizations’ valuation standards to ensure their experts’ methods and conclusions meet all relevant requirements.
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Hope for the best, prepare for the worst – Avoiding valuation disputes in buy-sell agreements
January / February 2008
Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report
Price: $225.00, Subscriber Price: $157.50
Word count: 1210
Abstract: If a buy-sell agreement fails to clearly spell out a valuation method to be used in the event of death, disability or divorce, the door is open for disputes. This article explains the steps to take in setting up a buy-sell agreement’s valuation provision, including selecting the appraiser and defining key terms. (Updated 5/7/12)
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Reverse religious discrimination alleged
January / February 2008
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 701
Abstract: The question before the Ninth Circuit was whether a plaintiff could maintain her claim of reverse religious discrimination for her employer’s failure to promote her. Reversing a grant of summary judgment, the Ninth Circuit held that the plaintiff had presented evidence showing that she was more qualified for the job than the promoted person and that a reasonable fact-finder could find that her evidence made the employer’s proffered reasons “unworthy of credence.” Noyes v. Kelly Services, 488 F.3d 1163 (9th Cir. 2007)
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ADA interactive process clarified
January / February 2008
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 819
Abstract: The Americans with Disabilities Act requires an interactive process between an employer and an employee who requests an accommodation because of a disability. This article reports the Eighth Circuit’s detailed description of the process. The article also discusses, in a sidebar, why the ADA doesn’t require an employer to reassign a qualified disabled employee to a vacant position if that would violate the employer’s legitimate nondiscriminatory policy to hire the most qualified candidate. EEOC v. Convergys Customer Management Group, 491 F.3d 790 (8th Cir. 2007) Huber v. Wal-Mart Stores, 493 F.3d 1002 (8th Cir. 2007)
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Employer’s harassment liability when victim fails to follow report procedure
January / February 2008
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 803
Abstract: The Seventh Circuit answered this question in the affirmative. The court reinstated the employee’s suit, finding that a jury could reasonably find that the employer had acted negligently in discovering or remedying the alleged harassment. Bombaci v. Journal Community Publishing Group, 482 F.3d 979 (7th Cir. 2007)
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Punitive damages require malice or reckless indifference
January / February 2008
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 709
Abstract: The Sixth Circuit ruled that an employer wasn’t off the hook for punitive damages for sexual harassment, even though it claimed that it hadn’t acted with the requisite malice or reckless indifference. This article explains why the court reinstated a jury’s $75,000 punitive-damages reward to an employee. Parker v. General Extrusions Inc., 491 F.3d 596 (6th Cir. 2007)
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Criminal actions: An extreme case of kiting funds
January / February 2008
Newsletter: Construction Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 285
Abstract: This brief article notes the criminal dangers of kiting funds — a practice that often violates the terms of any standard construction contract. United States v. Munoz-Franco, 487 F.3d 25 (2007) Puerto Rico 1st Circuit (2007).
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Got insurance paperwork? Don’t let it slide
January / February 2008
Newsletter: Construction Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 516
Abstract: Any principal on a construction project probably knows the importance of accurately completing any insurance paperwork involved. But neglecting to follow up with an insurance agent or provider after requesting coverage could create problems as well. This article looks into a recent case that provides a prime example. Adams v. Western States Insurance, 2007 WL 2071548 (D. Ore. 2007).
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Contractors may face new public safety liability
January / February 2008
Newsletter: Construction Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 478
Abstract: It’s fairly safe to say that most general contractors know that they must secure their job sites to protect not only those who work there, but also the general public. Yet a recent lawsuit against the Washington, D.C., public transit authority could signal the development of a new kind of legal liability related to public safety. This article explains the details.
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Subcontractor focus – Miller Act time limits may affect payment contingency
January / February 2008
Newsletter: Construction Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 870
Abstract: In the hope of shifting away some of the risk of a government’s refusal to pay general contractors on public projects often insert so-called “pay when paid” clauses in their subcontracts. Recent federal court decisions based on the Miller Act, however, limit a payment bond surety’s ability to use “pay when paid” clauses. This article examines one example of these limitations in a recent West Virginia case, and a sidebar looks at a similar decision.
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Seeing a claim through to fruition requires an eye for details
January / February 2008
Newsletter: Construction Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 612
Abstract: One might assume that a claim for “differing site conditions” would cover items such as additional pile depths and the removal and replacement of unsuitable subsurface material under slab-on-grade floors. This article looks at a case involving the Army Corps of Engineers and a storage base in Israel that shows a court might not make the same assumption.
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Dealer Digest – Inventory scanning can beat scammers, slip-ups
January / February 2008
Newsletter: Dealer Insights
Price: $225.00, Subscriber Price: $157.50
Word count: 529
Abstract: This feature looks at some of the latest issues affecting auto dealers, including how inventory scanning can prevent fraud and employee mistakes; the worrisome upside-down car loan trend; and using dealership blogs as an effective marketing tool.
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Starting over – Your new best friend: The factory rep
January / February 2008
Newsletter: Dealer Insights
Price: $225.00, Subscriber Price: $157.50
Word count: 493
Abstract: The relationship you have with your factory representative could mean the difference between having a successful year and just edging by. Much can change in the fast-changing world of automakers, and when it does, you need to be ready to build a rapport with your new rep from the ground up. (Updated 5/30/12)
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Solving the parts department puzzle
January / February 2008
Newsletter: Dealer Insights
Price: $225.00, Subscriber Price: $157.50
Word count: 344
Abstract: Managing a parts department is a little like putting together a picture puzzle. But if you manage the seemingly overwhelming number of pieces properly, a profitable picture can emerge. The article includes tips on inventory control systems, stock and special orders and third-party parts. (Updated 12/30/12)
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Is it time for HSAs? Recent changes offer additional enticements
January / February 2008
Newsletter: Dealer Insights
Price: $225.00, Subscriber Price: $157.50
Word count: 660
Abstract: If you don’t yet offer Health Savings Accounts (HSAs) to your dealership’s employees, now may be the time to start. Learn about some key changes in the world of HSAs that make them more enticing than ever, and how to give your employees a valuable new benefit at minimum cost.