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Archive by tag: Carlton FieldsReturn

Former Employees Not Bound by Their Former Union’s Arbitration Agreement

The former employees of a waste management company sued their former employer for violations of various federal and state labor laws. The company sought to compel arbitration and dismiss the complaint, relying on an arbitration agreement into which...By: Carlton Fields
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Carlton Fields | Feb 21,2020 |

Under the Microscope: Dissecting Errors to Evaluate RWI Damage Claims

After an M&A transaction, a buyer may discover certain misrepresentations as to the target company’s historical reserves. These misrepresentations often result in a RWI claim by the acquiring company. In these cases, it is critical for the insurer to...By: Carlton Fields
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Carlton Fields | Feb 20,2020 |

The Building Blocks of Materiality

Representations and warranties play an important role in M&A agreements by providing valuable disclosures and allocating risks between the parties. Representations regarding the target company’s financial statements are particularly significant, as...By: Carlton Fields
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Carlton Fields | Feb 20,2020 |

When Balance Sheet Errors Turn into Multiple EBITDA Claims

After an M&A deal closes, the purchaser may discover information that it considers erroneous in the balance sheet accounts in the acquired company’s financial statements....By: Carlton Fields
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Carlton Fields | Feb 20,2020 |

Valuing Income Statement Breaches in Transactional Insurance Claims

Once it has been determined that a breach of a financial statement representation in an acquisition agreement has occurred—specifically with respect to an identified income statement—the question arises as to the quantum of damages resulting from the...By: Carlton Fields
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Carlton Fields | Feb 20,2020 |

The Chronicle: American Adult-Use Marijuana Laws

Adult-use marijuana has arrived in America. Eleven states and the District of Columbia have legalized the use of marijuana by adults without a prescription. While the legalization movement began in the American West, two of the most recent states to...By: Carlton Fields
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Carlton Fields | Feb 20,2020 |

Construction Contractors Take Note: OFCCP’s Industry-Focused Technical Assistance Guide (TAG) May Prove Helpful in Preparing for Anticipated “Compliance Check” Reviews

Federal construction contractors are barred from discriminating in employment on the basis of race, color, religion, sex, sexual orientation, gender identity, national origin, disability, or covered veteran status, and many also must take affirmative...By: Carlton Fields
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Carlton Fields | Feb 19,2020 |

So You Want to Enter the Cannabis Industry — Antitrust Basics for the New Market Entrant

The cannabis industry is booming. Legal pot is now a more than $10 billion industry in the United States, supplying hundreds of thousands of American jobs. As states continue the trend toward legalization, and the federal government continues (for...By: Carlton Fields
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Carlton Fields | Feb 14,2020 |

Third Circuit Affirms District Court Decision to Vacate Arbitration Award

This case arises out of a dispute over a provision of a collective bargaining agreement entered into between Monongahela Valley Hospital Inc. and its employee, who was represented in the action by United Steel, Paper and Forestry, Rubber,...By: Carlton Fields
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Carlton Fields | Feb 06,2020 |

Using Nonqualified Plans to Reduce 401(k)/403(b) Costs

This article focuses on 401(k) and 403(b) plans that are in one of the following situations: 1. The plan failed ADP or ACP testing and must distribute excess amounts to its higher-ranking employees or make additional contributions to its...By: Carlton Fields
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Carlton Fields | Feb 05,2020 |
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