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Defense Strategies Good Faith

Quinn Emanuel

The White Collar Appeal: Seventh Circuit Holds Spoofing is Fraud

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“Spoofing,” or the practice of submitting buy or sell orders to trading platforms with the intent to withdraw them prior to execution, is considered fraud under the Seventh Circuit’s decision in United States v. Smith, issued...more

Seyfarth Shaw LLP

Minimum Wage Good Faith Defense and Labor Commissioner Appeal Scope

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The California Supreme Court held that an employer must prove that it made a reasonable attempt to decipher the requirements of the law governing minimum wages in order to avail itself of the good faith defense against...more

Tyson & Mendes LLP

California Civil Procedure Code Section 998 – A Means to an End

Tyson & Mendes LLP on

On April 4, 2019, Vadim Gorobets sued Jaguar Land Rover North America, LLC based on allegations the defendant had violated the Song-Beverly Consumer Warranty Act (California’s “lemon law”). On October 15, 2020, defendant...more

Venable LLP

Good Faith Defense Precludes Final Pay and Wage Statement Penalties

Venable LLP on

The California Court of Appeal recently issued an opinion that brings good news to employers in connection with California's draconian penalties for late payment of final wages....more

Gray Reed

Recent Tax Court Case Outlines Factors Taxpayers can use to Avoid Negligence Penalties

Gray Reed on

The IRS is vigorously litigating cases involving conservation easements they believe are abusive.  One such case was Plateau Holdings, LLC v. Comm’r, T.C. Memo 2020-93 (Plateau I). In that case the Tax Court denied the entire...more

Carlton Fields

Washington Federal Court Finds Attorney-Client Privilege Waived by Claims Handler’s Inadvertent Disclosure of In-House Counsel’s...

Carlton Fields on

A federal district court in Washington recently held that a claims handling mishap resulted in a waiver of the attorney-client privilege otherwise protecting a coverage opinion provided by the insurer’s internal legal...more

Franczek P.C.

Non-Union Members Denied Fair-Share Fee Refunds After Janus

Franczek P.C. on

Earlier this month, the Seventh Circuit joined the consensus across the country, concluding in two separate cases that unions that collected fair share fees prior to the U.S. Supreme Court’s ruling in Janus v. AFSCME, 585,...more

McDermott Will & Schulte

DOJ Preserves Its Options in Cooperation Credit Guidance

DOJ recently announced the release of formal guidance on how civil attorneys can award “cooperation credit” to defendants who cooperate with DOJ during a False Claims Act investigation. This formal policy provides some new...more

Mintz

“No Shop” Clause Radioactive for Merger’s “Failing Firm” Defense

Mintz on

Last week a Delaware federal district court unsealed its earlier opinion blocking the merger of two radioactive waste disposal companies. The court rejected the parties’ failing firm defense, citing the merger agreement’s “no...more

Carlton Fields

Conflict Resolution: Illinois Appellate Court Finds No Conflict in Defending Two Insureds, and No Duty of Primary to Excess...

Carlton Fields on

When an insurer defends its insured under a liability policy, the insurer has a duty to act in good faith to the insured in responding to settlement offers. In Illinois Emcasco Insurance Co. v. Nationwide Mutual Insurance...more

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