Tag Archives: Circuit

Second Circuit: Excess D&O Policy’s Warranty Statement Exclusion Precludes Coverage

The Second Circuit recently took up the insurance coverage dispute arising out of the high profile enforcement action the SEC pursued against hedge fund Patriarch Partners and its CEO, Lynn Tilton. The district court had ruled that coverage under the … Continue reading

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Behr Asks High Court to Hear Challenge to Sixth Circuit Rule 23(c)(4) Decision

The United States Supreme Court has an opportunity this term to hear a case that may change the way litigants pursue class actions.  On the heels of their loss at the Sixth Circuit, Behr Dayton Thermal Products LLC (“Behr”), filed … Continue reading

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CEO Tips for Litigating Bid Protests at GAO, Court of Federal Claims and Appealing to Federal Circuit Court

Theodore P. Watson, Esq. When government procurement agencies do not comply with the terms of the solicitation or violate applicable procurement law, the unsuccessful offeror can file a bid protest. The protest must specifically challenge the agency actions decisions and … Continue reading

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2d Circuit: Sleepy’s v Sleep Number – Can You Be Defamed To Your Secret Agent?

Plaintiff Sleepy’s sold a line of mattresses manufactured by a competitor, Defendant Select Comfort. Sleepy’s line performed poorly in comparison to a ‘slightly different’ line sold by Select Comfort in its own stores (which line had ‘exactly the same’ technology … Continue reading

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The 10th Circuit Massaged the Idea of Whether Student-Trainees Were Employees Under the FLSA

By: Ariel Fenster Seyfarth Synopsis:  Courts across the country have frequently weighed in on the unpaid interns/ trainees versus paid employee debate.  Now, the 10th Circuit has jumped into the fray with a decision affirming that a massage therapy student … Continue reading

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