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28 Dec 2016, 6:21 am by John Jascob
In a summary order, the panel found that a settlement provision deferring the question of common damages to be decided in a related action against Facebook and its underwriters was not required to be resolved by the district court under the PSLRA, and leaving the question open did not violate principles of finality (In re Facebook, Inc., IPO Securities and Derivative Litigation, December 27, 2016, per curiam). [read post]
27 Sep 2016, 9:16 am by John Jascob
Courts of appeal for the Tenth, Seventh, and Federal Circuits have held that American Pipe applies to statutes of repose, while the Sixth and Eleventh Circuits joined the Second in refusing to apply tolling. [read post]
25 Sep 2016, 4:44 pm by Kevin LaCroix
Southern Marine & Aviation Underwriters, Inc., a 1989 Fifth Circuit case (here). [read post]
11 Aug 2016, 6:18 am by Richard Katskee
” As we explain in an amicus brief filed by religious and civil-rights organizations, Trinity Lutheran Church of Columbia, Inc. v. [read post]
15 Jun 2016, 8:08 am by Kevin LaCroix
  In Citizen VC and the Companion C&DIs the staff provided helpful guidance in several important areas: First, the staff confirmed the continuing vitality of certain key positions previously announced in the Legacy Interpretative Advice; Second, the staff collected and re-introduced the most important of the principles from the Legacy Interpretative Advice in a single letter (along with the Companion C&DIs); Third, the staff updated its views in the Legacy Interpretative Advice… [read post]
7 Jun 2016, 3:58 pm by Kevin LaCroix
They could decide to apply the lock-up to some, but not all employees. [read post]
20 May 2016, 9:07 am by Mays & Kerr LLC
In this situation, a group of residential mortgage loan underwriters sued their employer, Huntington Bancshares, Inc., for failing to pay them overtime in violation of the FLSA. [read post]
20 May 2016, 9:07 am by Mays & Kerr LLC
In this situation, a group of residential mortgage loan underwriters sued their employer, Huntington Bancshares, Inc., for failing to pay them overtime in violation of the FLSA. [read post]
19 May 2016, 5:00 pm by Eric D. Altholz, Christopher S. Lockman
  Nevertheless, the Final ADA Rule reaffirms the EEOC’s position that the bona fide benefit plan safe harbor does not apply to wellness programs covered by the rule. [read post]
19 May 2016, 1:37 pm by Rebecca Tushnet
 Sam McClure, Institute of Scrap Recycling Industries, Inc.: should be purely presumptive renewal without even the initial filing. [read post]
18 May 2016, 8:58 am by Joy Waltemath
Flambeau, Inc., the employers did not use wellness programs in a manner consistent with the application of the safe harbor provision, according to the commission. [read post]
27 Apr 2016, 9:26 pm by Kevin LaCroix
Since the PSLRA does not apply, discovery continues (and can lead to skyrocketing costs for defendants) while the court considers whether or not to dismiss the case. [read post]
19 Apr 2016, 4:31 am by David DePaolo
District Court for Northern California accusing Applied Underwriters Captive Risk Assurance Co. [read post]