Banking Articles
February 9, 2010
Mark Wiletsky - Holland & Hart LLP Many organizations believe they have the right to monitor employees'
activities on their computers and the Internet, including the sites they
visit and the content of e-mails they send or receive. Such a belief is
understandable: the equipment is provided for business purposes, and
organizations can be held responsible if an employee misuses those
resources. Therefore, organizations ought to have the right to check
up on employees and make sure their resources are being used appropriately. Full Story
February 9, 2010
H. Benard Tisdale III - Ogletree, Deakins, Nash, Smoak, & Stewart, P.C. Beginning January 1, 2010, a failure to comply with a new requirement for
reporting to Medicare payments to Medicare-eligible individuals for
resolution of claims involving medical expenses could cost the payor
$1,000 per day in penalties for noncompliance. Full Story
February 9, 2010
Thomas Byrne and Valerie Strong Sanders - Sutherland Asbill & Brennan LLP On Friday, January 22, 2010, the U.S. Court of Appeals for the Seventh
Circuit held that a federal court does not lose Class Action Fairness Act
(CAFA) jurisdiction over an action when class certification is denied.
Cunningham Charter Corp. v. Learjet, Inc., ___ F.3d ___, 2010 WL
199627 (7th Cir. Jan. 22, 2010). The Eleventh Circuit came to the same
conclusion in Vega v. T-Mobile USA, Inc., 564 F.3d 1256 (11th
Cir. 2009), noting that its vacating an order certifying a class action
did not affect CAFA jurisdiction. Id. at 1268 n.12. Full Story
January 25, 2010
Cameron Sabin - Stoel Rives LLP Computer technology has revolutionized the way businesses operate in
today’s market. Companies that rely upon computer technology
advances to support their business are often unaware of the impacts that
technology can have on business disputes and the extent to which computer
advances have altered the legal landscape. By better understanding the
changing landscape, businesses can more effectively prepare to confront
litigation, protect business interests, and minimize the effect of legal
disputes on daily operations. Full Story
January 25, 2010
Maria Greco Danaher - Ogletree, Deakins, Nash, Smoak, & Stewart, P.C. Courts typically have dismissed discrimination claims under Title VII if
those claims were made by an independent contractor, rather than by an
“employee” of the company. However, 42 U.S.C. §1981
(“Section 1981”), which prohibits racial discrimination in the
formation of contracts, states that “all persons” shall have
the same right “to make and enforce contracts as is enjoyed by white
citizens.” In a case of first impression for the 3d U.S.
Circuit Court of Appeals, that court has followed prior decisions of three
sister-appellate courts in holding that an independent contractor may sue
for race discrimination under Section 1981. Brown v. J. Kaz,
Inc. d/b/a Craftmatic of Pittsburgh, 3d Circ., No. 08-2713, Sept. 11,
2009. Full Story
January 25, 2010
Mark Giangrande - DePaul University One thing to consider when doing legal research on the Internet is the
issue of authentication. It's one thing to find authority
online. It's another to use it in court. Various courts have
rules about what precedent can be used and, more particularly, from where
it can come. It seems odd in the days of courts having their own
official web sites that the opinions which they distribute through these
sites may not be official. Full Story
January 25, 2010
Matthew Davison - Baker Donelson In Humphries v. Pulaski County Special Sch. Dist., decided by the
Eighth Circuit Court of Appeals on September 3, 2009, a white public
school administrator was repeatedly denied promotion to assistant
principal, allegedly because of the school district's affirmative action
program and policies that favored promotion of African-American employees.
Because the school district was legally compelled to engage in affirmative
action efforts as part of a Consent Decree with the EEOC to remedy past
discrimination against African Americans, the school district argued that
its efforts to implement its court-approved affirmative action program
could not be held against it. Full Story
January 25, 2010
Aidan McCormack and Lezlie F. Chimienti - Nixon Peabody LLP In Safeco Insurance Co. of America v. Certain Underwriters at
Lloyd’s, London, Case No. BC378070 (Cal. Super. Ct. September
30, 2009), the Los Angeles County Superior Court granted summary judgment
to defendants Certain Underwriters at Lloyd’s, London and New
Hampshire Insurance Co. (NHIC), holding that Lloyd’s and NHIC did
not have to pay Safeco Insurance Company more than $1 million in defense
costs. Full Story