984
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ADA accommodation – Court ruling helps at least one employee breathe easier
May / June 2017
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 984
Abstract: Notification that an employee needs an ADA accommodation triggers the employer’s duty to engage in the interactive process. The employee in a recent Eighth Circuit case proved that she’d notified her employer of physical restrictions following surgery. But, as this article explains, the court found that the employer hadn’t held up its end. A sidebar summarizes a case where it was the employee who dropped the ball. Kowitz v. Trinity Health, No. 15-1584, October 17, 2016 (8th Cir.) E.E.O.C. v. Product Fabricators, Inc., No. 13-2103, August 15, 2014 (8th Cir.)
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Follow these dos and don’ts to maintain your 501(c)(3) status
Winter 2013
Newsletter: Profitable Solutions for Nonprofits
Price: $225.00, Subscriber Price: $157.50
Word count: 984
Abstract: Having status as a tax-exempt “public charity” gives a not-for-profit significant benefits. But keeping this 501(c)(3) status isn’t automatic. This article offers some important dos and don’ts to follow in order to retain the privilege: tips involving reporting obligations, tax withholding, unrelated business income, political lobbying and other issues.
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House of sand – “Speculative” lost profits damages crumble in court
September / October 2012
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 984
Abstract: Lost profits damages may seem straightforward. However, they’re anything but that when valuators must base their calculations on the projected profits of a new business. This article looks at one recent California case that illustrates how such a claim can crumble upon examination. The defendant won the case, but, as a result of its weak evidence to support its projected profits, saw its lost profits damages award severely slashed. A sidebar notes a similar fate regarding punitive damages.
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Calculating lost profits – Do post-breach conditions matter?
July / August 2012
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 984
Abstract: Recently, some breach of contract defendants have argued that poor market conditions subsequent to the alleged breach undermine plaintiffs’ claims for lost profits. This article looks at one lost-profits case in which the court didn’t agree, noting the “traditional rule” that lost profits damages are measured at the time of the breach. A sidebar discusses the distinction the court made in this case between direct lost profits and collateral lost profits.
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Reality check – Court defines distinctiveness standard for marks
April / May 2010
Newsletter: Ideas on Intellectual Property Law
Price: $225.00, Subscriber Price: $157.50
Word count: 984
Abstract: After a self-proclaimed “Internet Entrepreneur” registered a variety of domain names with “veri,” he claimed he was considering entering the transaction verification business — but he never did. When he refused an offer by Vericheck, a provider of electronic transaction processing services, to buy one of his domain names, they filed a complaint. The subsequent ruling outlined the legal standard for distinctiveness and made an important ruling regarding the registration of “highly similar marks” by third parties. A sidebar to this article discusses the finding that the defendant had acted with “a bad faith intent to profit” from the use of the Vericheck mark.
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Measure for measure – Which profitability measurement tools are best for your bank?
Fall 2009
Newsletter: Community Banking Advisor
Price: $225.00, Subscriber Price: $157.50
Word count: 984
Abstract: With some banks failing and many struggling, this article emphasizes that it’s vital for a community bank to monitor its performance closely. But which measurements are best? Historically, return on assets (ROA) has been the most popular. But banks are now placing greater emphasis on ROE. And how does one make a fair comparison between the performances of different branches? Finally, regardless of how one measures profitability, it’s important to consider the impact of risk. A sidebar looks at a recent survey that shows how banks are measuring profitability and using the results.