July / August

Showing 529–544 of 560 results

  • Cruise line faces rough seas in court

    July / August 2008
    Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report

    Price: $225.00, Subscriber Price: $157.50

    Word count: 542

    Abstract: This brief article looks at a series of court decisions involving Celebrity Cruises Inc. that provide insight into the “yardstick method” of computing lost profits. The case also illustrates the importance of presenting direct evidence to support a damages claim.

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  • Show me the money! – Net worth analysis can reveal hidden assets

    July / August 2008
    Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report

    Price: $225.00, Subscriber Price: $157.50

    Word count: 522

    Abstract: Uncovering hidden assets can be important in a variety of litigation contexts, including fraud investigations, shareholder disputes, divorce and business valuations. One of the most effective techniques for demonstrating the existence of such assets is net worth analysis. This article looks at how net worth analysis works and explains the three primary methods experts typically use to detect hidden assets, including the asset method, the expenditures method and the bank deposits method. (Updated 8/29/12)

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  • Music promoter wins “record” damage award

    July / August 2008
    Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report

    Price: $225.00, Subscriber Price: $157.50

    Word count: 1054

    Abstract: This article discusses a recent case, Popovich v. Sony Music Entertainment, which illustrates the benefits and pitfalls of using a hypothetical market standard to determine damages. As the case demonstrates, a party that loses an asset through the fault of another shouldn’t be deprived of damages simply because no ready market for that asset exists. The article notes that attorneys should work with their financial experts to develop alternative theories, including a hypothetical market standard, for quantifying a party’s financial loss.

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  • Valuing manufacturing companies – How experts appraise these asset-intensive businesses

    July / August 2008
    Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report

    Price: $225.00, Subscriber Price: $157.50

    Word count: 995

    Abstract: When valuing manufacturers, appraisers consider these companies’ specific characteristics to reach a reliable estimate of value. Most valuators use one or some combination of the income, market or cost approaches. But regardless of which method or methods they use, valuators need to take into account the hard — and intangible — assets, the efficiency and skill of the workforce, and industry trends and risks. (Updated 5/21/12)

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  • WARN Act doesn’t require double payment of wages

    July / August 2008
    Newsletter: Employment Law Briefing

    Price: $225.00, Subscriber Price: $157.50

    Word count: 558

    Abstract: This article discusses laid-off employees’ claims that their ex-employer owed them wages under the Worker Adjustment and Retraining Notification Act even though they had begun to work for a successor company. The Fourth Circuit rejected their claim that they had suffered an employment loss, defined as “an employment termination other than a discharge for cause, voluntary departure, or retirement,” on the day the plant shut down. WARN requires employers to provide 60 days’ notice of the date of employment loss resulting from a shutdown, not from the date of the shutdown itself. Long v. Dunlop Sports Group Americas

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  • A professor’s alleged in-office pornography leads to multiple claims

    July / August 2008
    Newsletter: Employment Law Briefing

    Price: $225.00, Subscriber Price: $157.50

    Word count: 626

    Abstract: The questions before the Second Circuit were: Did a professor discriminate against his secretary on the basis of gender? Did his leaving pornography on her computer subject her to a hostile work environment? Did she suffer an adverse employment action constituting retaliation when he reduced her duties, after she’d complained about the hostile work environment? This article describes the court’s answers and also includes a sidebar on a related decision. Patane v. Clark, Burlington Northern and Santa Fe Railway v. White

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  • Is depression covered by the ADA and FMLA?

    July / August 2008
    Newsletter: Employment Law Briefing

    Price: $225.00, Subscriber Price: $157.50

    Word count: 1028

    Abstract: Did firing an employee who suffered from depression violate the Americans with Disabilities Act and the Family and Medical Leave Act? This article discusses why the Eighth Circuit decided that the employee hadn’t met other ADA requirements and also hadn’t given sufficient details about her depression to warrant triggering the FMLA. A sidebar discusses why the Eighth Circuit upheld a jury’s finding that a manager’s depression substantially limited his ability to think and concentrate, so his depression constituted a disability under the ADA. Rask v. Fresenius Medical Care, Battle v. United Parcel Service

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  • Location, location, location – In discrimination cases, where a promotion is offered can make a difference

    July / August 2008
    Newsletter: Employment Law Briefing

    Price: $225.00, Subscriber Price: $157.50

    Word count: 591

    Abstract: The Seventh Circuit had to decide whether an employer racially discriminated against a black assistant manager when it offered to promote him to manage stores in black areas but not in predominantly white ones. This article explains why the court found that the employer had discriminated. Simple v. Walgreen Co.

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  • Underwriters Group v. Clear Creek Independent School District – Phony performance bond costs contractor plenty

    July / August 2008
    Newsletter: Construction Law Briefing

    Price: $225.00, Subscriber Price: $157.50

    Word count: 404

    Abstract: In this issue’s CLB Quickcase, we look at a recent Texas case in which a contractor’s attempt to save a few thousand dollars in bond premiums ended up costing it much, much more.

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  • “Little” subcontracts can turn into big problems

    July / August 2008
    Newsletter: Construction Law Briefing

    Price: $225.00, Subscriber Price: $157.50

    Word count: 486

    Abstract: Sometimes a company with a comparatively small portion of work on a project can have an inordinately negative impact on job progress. When this situation arises, the language of subcontract provisions will often determine the general contractor’s ability to mitigate the losses caused by the subcontractor’s performance problems. This article looks at a recent Maryland case involving precisely this issue.

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  • Too late! Untimely homeowner claims often go nowhere

    July / August 2008
    Newsletter: Construction Law Briefing

    Price: $225.00, Subscriber Price: $157.50

    Word count: 540

    Abstract: As many contractors can attest, homebuyers often seek to recover damages for defective work. Yet waiting too long to file a claim could render the effort useless. This article discusses a case in which a group of Wisconsin homeowners discovered the disadvantages of an untimely claim.

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  • Haste makes waste – Ignoring a construction contract’s fine print can be costly

    July / August 2008
    Newsletter: Construction Law Briefing

    Price: $225.00, Subscriber Price: $157.50

    Word count: 677

    Abstract: Whether putting together a bid or writing up contracts, parties to a construction project sometimes give the paperwork only a cursory review. Focusing primarily on price and scope, they tend to gloss over the rest of the documents, which often have to be assembled in a hurry. This article tells the tale of how an Arizona developer learned the pitfalls of such a practice the hard way.

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  • “Preprinted” may mean “precarious” – Failure to review key documents leads to payment disputes

    July / August 2008
    Newsletter: Construction Law Briefing

    Price: $225.00, Subscriber Price: $157.50

    Word count: 900

    Abstract: In processing payments on construction projects, owners, architects, general contractors and subcontractors often rely on the language of preprinted forms to support their legal rights and, thus, fail to carefully review those forms. From a legal perspective, this kind of lack of attention to detail can be costly. This article describes a recent Utah case that provides a prime example of just how costly.

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  • DEALER DIGEST – Forecast for 2009 shows climb in U.S. light vehicle sales

    July / August 2008
    Newsletter: Dealer Insights

    Price: $225.00, Subscriber Price: $157.50

    Word count: 503

    Abstract: Find out about 2009 light-vehicle sales forecasts, the “nearly new” used vehicle market and a recent accounting rule that could affect your dealership.

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  • Bringing in the green: Profit boosters may be easier to find than you think

    July / August 2008
    Newsletter: Dealer Insights

    Price: $225.00, Subscriber Price: $157.50

    Word count: 422

    Abstract: If you’re looking for ways to perk up gross income in this downturned economy, you might not have to look much farther than your front door. Ideas for bumping up revenue are with your customers, in your community and in other nearby places.

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  • 5 dos and don’ts for a CRM system

    July / August 2008
    Newsletter: Dealer Insights

    Price: $225.00, Subscriber Price: $157.50

    Word count: 553

    Abstract: A good customer relationship management (CRM) system is a powerful sales tool. It can track customer contacts, automatically record a wide range of transaction data and transform information into well-guided marketing efforts. But to get the most out of a system, you’ll need to follow these five dos and don’ts.

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