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Author: Jason R. Domark
Publisher:
ISBN: 9781641059985
Category : Business enterprises
Languages : en
Pages :
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Book Description
"This book is a practical guide for lawyers who are either beginning a fiduciary litigation practice or who are handling a fiduciary duty case in an unfamiliar area"--
Author: Jason R. Domark
Publisher:
ISBN: 9781641059985
Category : Business enterprises
Languages : en
Pages :
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Book Description
"This book is a practical guide for lawyers who are either beginning a fiduciary litigation practice or who are handling a fiduciary duty case in an unfamiliar area"--
Author: James F. Jorden
Publisher: Wolters Kluwer
ISBN: 1454862068
Category : Business & Economics
Languages : en
Pages : 1026
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Book Description
Handbook on ERISA Litigation cuts through complicated statutory provisions and tells you which ERISA claims are recognized by which courts and how to litigate them. Helpful litigation checklists and forms are provided on key aspects of ERISA litigation as well as hundreds of citations to leading federal and state cases. Every major claim area under ERISA is covered: Fiduciary liability Violation of ERISA reporting and notification requirements ERISA discrimination claims and related statutory claims Plan termination claims Overfunded and underfunded plans Tax litigation Claims by the U.S. Department of Labor and the Pension Benefit Guaranty Corporation (PBGC) The Handbook helps you to counsel clients more knowledgeably and to litigate ERISA disputes more effectively by identifying the issues, presenting litigation strategies, and reducing the time needed to prepare pleadings and briefs. In one, easy-to-read volume, you'll find expert analysis of: The structure and scope of ERISA, so you can easily determine whether and in what fashion ERISA is relevant to the resolution of a dispute Exceptions to ERISA and preemption issues, keeping you fully apprised of the extent to which ERISA can be used by or against you, particularly with respect to preemption laws The procedural rules of the road, providing you with practical insights into jurisdictional, venue, standing, discovery, and evidentiary issues, and how these may affect the outcome of your cases Handbook on ERISA Litigation has been updated to include: The impact of the Affordable Care Act upon ERISA practice and procedure Expanded coverage of overlapping federal statutory claims such as the Pregnancy Discrimination Act, federal disability discrimination laws, and other claims of gender and family status discrimination (including same-sex marriage/partnership issues) Expanded discussion of recent U.S. Supreme Court decisions on the continuing fiduciary obligation to monitor plan investments, availability of various forms of relief for ERISA benefits claims and breach of fiduciary duty claims, the enforceability of limitations provisions contained in employee benefit plans, employer stock drop claims, and the supremacy of employee benefit plan terms over equitable or common law principles Continuing developments in ERISA preemption analysis clarifying the scope and reach of federal preemption And more!
Author: Brian A. Hill
Publisher:
ISBN: 9781639050017
Category : Commercial crimes
Languages : en
Pages :
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Book Description
Author: American Bar Association. House of Delegates
Publisher: American Bar Association
ISBN: 9781590318737
Category : Law
Languages : en
Pages : 216
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Book Description
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Author: Villa
Publisher: Wolters Kluwer Law & Business
ISBN: 1543823599
Category : Bank directors
Languages : en
Pages : 1594
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Book Description
Bank Directors', Officers', and Lawyers' Civil Liabilities, Third Edition is an essential resource for any attorney who is litigating or attempting to settle cases brought by the federal and state banking regulators against directors, officers, and legal counsel of financial institutions. It provides current analysis of the new law emerging from the courts, the Supreme Court's landmark decision in O'Melveny & Myers v. FDIC and the demise of the federal common law regarding failed financial institutions. Directors' and officers' liability insurance and bank fidelity bonds are also covered in detail. John K. Villa guides you through the complexities of litigating an action - and discusses ways to reduce the chances of litigation - with strategic recommendations for all key players. This authoritative treatise answers essential questions such as: When is a bank director indemnified? How is the statute of limitations applied? What added responsibilities does a lawyer assume by becoming a bank director; does federal or state law control? What are acceptable courses of conduct for the bank? What must agencies prove before a court will enforce an administrative subpoena for financial data? How does the Sarbanes-Oxley Act of 2002 affect those banks that constitute a public company? New developments analyzed in the Third Edition include: Updated guidance from the banking regulatory agencies on implementing effective Bank Secrecy Act/Anti-Money Laundering compliance programs. Updated regulations on the application of the Volcker Rule. Recent ethics opinions addressing the nature and extent of a lawyer's duty with respect to the return of a client's files. An attorney's liability as a joint tortfeasor for participating in another's breach of fiduciary duty. Updated guidance on the imposition of firm-wide penalties in enforcement actions and on capital requirements for community banking entities. New case law addressing issues under the Delaware indemnification statute. Note: Online subscriptions are for three-month periods.
Author: Dennis J. Block
Publisher:
ISBN:
Category : Business judgment rule
Languages : en
Pages : 1208
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Book Description
Author: George F. McGunnigle
Publisher: Section of Litigation
ISBN:
Category : Law
Languages : en
Pages : 348
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Book Description
Author: Ann E. Georgehead
Publisher: American Bar Association
ISBN: 9781590314845
Category : Law
Languages : en
Pages : 366
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Book Description
"A litigator's guide to current business torts law, this book provides a concise review of - or introduction to - the important issues, general rules, and major exceptions to the rules in each of the major business torts subjects areas, along with practical guidance through the situations you are likely to encounter in assessing, preparing and presenting a case."--BOOK JACKET.
Author: Dennis J. Block
Publisher:
ISBN:
Category : Business judgment rule
Languages : en
Pages : 782
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Book Description
Author: Evan J. Criddle
Publisher: Oxford Handbooks
ISBN: 0190634103
Category : Law
Languages : en
Pages : 1028
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Book Description
The Oxford Handbook of Fiduciary Law provides a comprehensive overview of critical topics in fiduciary law and theory through chapters authored by leading scholars. The Handbook opens with surveys of the many fields of law in which fiduciary duties arise, including agency law, trust law, corporate law, pension law, bankruptcy law, family law, employment law, legal representation, health care, and international law. Drawing on these surveys, the Handbook offers a synthetic analysis of fiduciary law's key concepts and principles. Chapters in the Handbook explore the defining features of fiduciary relationships, clarify the distinctive fiduciary duties that arise in these relationships, and identify the remedies available for breach of fiduciary duties. The volume also provides numerous comparative perspectives on fiduciary law from eminent legal historians and from scholars with deep expertise in a diverse array of the world's legal systems. Finally, the Handbook lays the groundwork for future research on fiduciary law and theory by highlighting cross-cutting themes, identifying persistent theoretical and practical challenges, and exploring how the field could be enriched through empirical analysis and interdisciplinary insights from economics, philosophy, and psychology. Unparalleled in its breadth and depth of coverage, The Oxford Handbook of Fiduciary Law represents an invaluable resource for practitioners, policymakers, scholars, and students in this essential field of law.
