September / October
Showing 577–592 of 608 results
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What’s the “real” value of a business?
September / October 2008
Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report
Price: $225.00, Subscriber Price: $157.50
Word count: 910
Abstract: The impact of real estate value on business value depends on several factors, including the type of business, the nature of the real estate, the purpose of the valuation and the valuation methods used. If real estate is a significant asset for a business being valued, valuing it separately often results in a more accurate enterprise value. This article explains that, although real estate appraisers and business valuators use similar methods, there are important distinctions between the two.
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Mitigating circumstances – Reasonable damages and the plaintiff’s duty
September / October 2008
Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report
Price: $225.00, Subscriber Price: $157.50
Word count: 816
Abstract: Attorneys and their financial experts often focus on quantifying a plaintiff’s economic losses. But it’s equally important to examine measures the plaintiff took, or reasonably could have taken, to mitigate its damages. A plaintiff isn’t entitled to recover damages for a loss that he or she reasonably could have avoided. When an expert evaluates the plaintiff’s opportunities to mitigate damages, the key term is “reasonable.” This article refers to a recent case, Silver Sage Partners, Ltd. v. City of Desert Hot Springs, to explain some issues that arise in determining the reasonableness of a plaintiff’s efforts to mitigate damages. Case citation: Silver Sage Partners, Ltd. v. City of Desert Hot Springs, 251 F.3d 814 (9th Cir. 2001).
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Security measures – Calculating damages in securities fraud cases
September / October 2008
Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report
Price: $225.00, Subscriber Price: $157.50
Word count: 938
Abstract: When it comes to calculating damages, few types of litigation are more challenging than securities fraud. On any given day, a security’s price may be influenced by many factors, from the economy as a whole to industry trends to company-specific events. A damages expert must consider the legitimate market factors and isolate the impact of fraud or other wrongdoing. This article discusses the laws that govern securities fraud matters and looks at the expert’s role in determining the value of a security but for the misstatement or omission of a material fact, providing a brief example to illustrate the process. (Updated 8/29/12)
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Diabetes and the ADA
September / October 2008
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 891
Abstract: The question before the court was whether an employee’s Type II diabetes interfered with the major life activity of eating, qualifying her as disabled under the Americans with Disabilities Act. This article discusses why the court held that a trial was necessary to establish the facts. A sidebar to this article discusses why the Sixth Circuit held that diabetes wasn’t a disability under the Americans with Disabilities Act in the case of a plaintiff who failed to prove that he was substantially limited in the major life activities of seeing and caring for himself. Robbins v. WXIX Raycom Media, S.D. Ohio, No. 1:06cv278, 3/5/08. Toyota Motor Manufacturing, Kentucky, Inc. v. Williams, 534 U.S. 184 (2002). McPherson v. Federal Express Corp., No. 03-2006B, 2005 WL 3008648 (W.D. Tenn. Nov. 8, 2005).
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Employer needn’t provide Sabbath observer’s preferred accommodation
September / October 2008
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 609
Abstract: This article explains why the Fourth Circuit ruled that an employer had reasonably accommodated the religious beliefs of a worker who was unable to work on Saturdays and religious holidays. EEOC v. Firestone Fibers and Textiles Co., 06-2203 (4th Cir. Feb. 11, 2008).
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Sexual harassment suit hinges on physician’s employment status
September / October 2008
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 754
Abstract: The Second Circuit had to decide whether a specialist was a hospital employee, and thus eligible to sue for harassment under Title VII, or an ineligible independent contractor. This article discusses why the court held she was a hospital employee. Salamon v. Our Lady of Victory Hospital, 2d Cir., No. 06-1707, Jan. 16, 2008. Nationwide Mutual Insurance Co. v. Darden, 796 F.2d 701 (4th Cir. 1991).
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Does job title exempt an employee from overtime pay?
September / October 2008
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 758
Abstract: That was the question before the Eleventh Circuit. This article explains why the court held that a grocery chain’s laid-off “store managers” were entitled to overtime pay under the Fair Labor Standards Act because their primary duties weren’t managerial. Rodriguez v. Farm Stores Grocery, Inc., F.3d, 2008 WL 215817, C.A.11 (Fla.), January 28, 2008 (NO. 06-13303, 06-13186).
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Argonaut Great Central Insurance Company v. Ditocco Konstruction, Inc. – Subrogation waiver extends to postconstruction losses
September / October 2008
Newsletter: Construction Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 343
Abstract: In this issue’s CLB Quickcase, we look at a timely New Jersey case that decided whether the waiver of a subrogation clause contained in the standard AIA construction contract extended to losses that occurred after the project in question was completed.
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Court confronts statutory notice requirement in homebuilding dispute
September / October 2008
Newsletter: Construction Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 481
Abstract: When a homebuilder is accused of substandard workmanship, courts must often determine whether the owner provided adequate notice of the project’s shortcomings and whether the builder had actual knowledge of the alleged defects. This article discusses a recent Louisiana case that addressed these questions head on.
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Tanks but no tanks: Neglected permit fuels lawsuit
September / October 2008
Newsletter: Construction Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 556
Abstract: Most contractors would know that skirting permit requirements on a construction project would place them at considerable legal risk. Nonetheless, the temptation to cut corners in the name of timeliness and profitability can be strong. This article looks at a recent California case that illustrates the consequences of this precarious move.
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Actions speak louder than words – When contracts are ambiguous, courts look to conduct
September / October 2008
Newsletter: Construction Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 640
Abstract: In the event of a construction dispute, a written contract is usually the best evidence of the parties’ intent. But, if a contract’s terms are ambiguous or contradictory, courts place a great deal of weight on the parties’ interpretation, as reflected by their statements and conduct. This article looks at just such a case.
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Considering some government work? Additional rules may apply
September / October 2008
Newsletter: Construction Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 922
Abstract: When litigation involves a federal construction project, the usual rules don’t always apply. Suing the U.S. government requires a plaintiff to jump through some additional hoops. This article looks at one Idaho contractor who learned this lesson the hard way.
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DEALER DIGEST – Making your virtual dealership irresistible
September / October 2008
Newsletter: Dealer Insights
Price: $225.00, Subscriber Price: $157.50
Word count: 562
Abstract: News items discuss how to make your virtual dealership irresistible and report on auto dealers recently recognized for “going green.”
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What you should remember about leasing
September / October 2008
Newsletter: Dealer Insights
Price: $225.00, Subscriber Price: $157.50
Word count: 351
Abstract: Have you thought about getting back into the leasing business? With talk of a leasing revival, there are some pros — and cons — that you’d better keep in mind.
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Put the lid on employee fraud
September / October 2008
Newsletter: Dealer Insights
Price: $225.00, Subscriber Price: $157.50
Word count: 683
Abstract: Fraud strikes auto dealerships and other small businesses an average of six times during the owner’s term, and employee theft accounts for nearly half of all fraud cases, according to a 2007 study. But if you keep your eyes open for warning signs — and put internal controls in place — you don’t have to play the victim.
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Dealership M&As – Keeping customers after a purchase
September / October 2008
Newsletter: Dealer Insights
Price: $225.00, Subscriber Price: $157.50
Word count: 519
Abstract: Keeping old friends is good advice for life in general, and it also rings true in the business world — especially after you’ve acquired a new dealership. Retaining your acquisition’s customers can mean the difference between a successful move and one that’s doomed to fail. (Updated 12/30/12)