Civil Litigation - Page 37
This is FindLaw's collection of Civil Litigation articles, part of the Litigation and Disputes section of the Corporate Counsel Center. Law articles in this archive are predominantly written by lawyers for a professional audience seeking business solutions to legal issues. Start your free research with FindLaw.
Civil Litigation
Civil Litigation Articles
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Looks at the competitive advantage companies can attain by managing thier intellectual property. -
This article examines the tire industry's long-running practice of utilizing manufacturing techniques known to cause product defects. -
As many employers have recognized, some employees with impairments that may or may not qualify as "disabilities" u. -
The EEOC recently joined forces with the FDA in an attempt to reconcile a food service employer's duties under the ADA to accommodate employees that may be disabled by food pathogens, with the employer's duty under the FDA's Food Code, to prevent employees with certain illnesses from performing certain work in food service establishments. The Guidance is in "question and answer" format and does not cover every possible circumstance. Moreover, large portions are repetitive of previous guidance offered by the EEOC. But some sections are new and may prove helpful to the Hospitality and Food Service Industry. -
In October of this year, the Equal Employment Opportunity Commission (EEOC) published new guidance addressing the issues employers face in hiring, accommodating, and preventing harassment of employees with intellectual disabilities. The new guidance is a project undertaken by the EEOC to advance the goals of the Bush administration's "New Freedom Initiative" announced in 2001. The goals of the program include expanding educational and employment opportunities for individuals with disabilities. -
In an important decision favoring employers, the Eleventh Circuit joined the ongoing debate among circuits regarding the procedure for certifying employment discrimination class action claims. In Cooper v. Southern Co., the court ruled that a class action, in which plaintiffs predominantly seek money damages, should not be maintained under Federal Rule of Civil Procedure 23(b)(2). -
Every day attorneys in large law firms represent their clients in complex commercial transactions mergers, acquisitions, loans and other types of financing. In almost every one of these deals the seller's or borrower's counsel is called upon to provide an opinion letter addressing various matters, such as its client's legal existence, the client's authorization of the transaction and that the client will not be violating any other agreements by entering into the transaction. -
Environmental issues routinely arise in all types of real estate transactions, from the sale individual residences to the transfer of large commercial and industrial facilities. Managing the associated risks is almost always possible. The bigger challenge tends be initially spotting environmental issues. Failure to identify and address such issues may result in parties unknowingly assuming substantial liabilities. -
The prescription pharmaceutical industry has matured rapidly with respect to its understanding of the value of trademarks. Ten years ago, it was uncommon to see advertisements for prescription medications. Today, with successes like Viagra and Claritin , one can hardly watch television or read a magazine without being exposed to an advertisement for the latest prescription medication. Prescription drug trademarks are important marketing tools that can add great value to a company. -
In Smith v. Chase Manhattan Bank, USA, N.A., et al., 741 N.Y.S.2d 100 (N.Y. App. Div., 2d Dep't, April 15, 2002), the New York Appellate Division recently affirmed dismissal of a class action alleging that Chase Manhattan Bank USA, N.A. and its parent, Chase Manhattan Corporation (collectively, Chase) breached a written promise not to share confidential customer information with unrelated third parties. The decision limits and clarifies when, under New York law, a bank can be held liable for selling customer data.