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Employment - Overtime Rule to Be Finalized in July 2016
  • Masuda Funai Eifert & Mitchell Ltd
  • USA
  • December 9 2015

In August 2015, we reported that the U.S. Department of Labor ("DOL") issued a Proposed Rule that seeks to increase the salary level required before


California Supreme Court Delivers Good News for Employers With Respect to Arbitration Agreements
  • Masuda Funai Eifert & Mitchell Ltd
  • USA
  • April 11 2016

Plaintiff Maribel Baltazar was an employee at Forever 21, a clothing retail merchandiser, from 2007 to 2011. When Baltazar was hired in 2007, she was


Extreme Example of Piercing Corporate Veil
  • Masuda Funai Eifert & Mitchell Ltd
  • USA
  • April 1 2016

It is standard legal advice for business lawyers to tell their clients to avoid claims of "piercing the corporate veil" by respecting the distinction


In Illinois, corporate officers and directors can owe a fiduciary duty to corporate creditors
  • Masuda Funai Eifert & Mitchell Ltd
  • USA
  • October 4 2012

Recently, the First District of the Illinois Appellate Court reversed the trial court's dismissal of an action for breach of fiduciary duty because it found that corporate directors and officers, in certain circumstances, owe a fiduciary duty to the corporation's creditors


Written sales representative agreement succeeds in limiting commissions of terminated representative
  • Masuda Funai Eifert & Mitchell Ltd
  • USA
  • February 21 2013

It is common for manufacturers and sellers of products to use independent sales representatives to generate sales. These arrangements can be "win


Reasonable accommodations for employees with multiple sclerosis - what does the law require?
  • Masuda Funai Eifert & Mitchell Ltd
  • USA
  • May 9 2013

With an estimated 400,000 people diagnosed with multiple sclerosis ("MS") in the United States, it is not surprising that legal issues have flared up


The top 6 employment challenges of 2014
  • Masuda Funai Eifert & Mitchell Ltd
  • USA
  • January 10 2014

Are companies ready for 2014? Last year, we saw several significant changes and reminders to lessen the risks of suit. Here is our list of the Top 6


Statute of limitation's discovery rule not applicable to cases involving conversion of negotiable instruments where victim is not in a place to discover injury
  • Masuda Funai Eifert & Mitchell Ltd
  • USA
  • November 12 2012

The Fifth District of the Illinois Appellate Court recently affirmed a trial court's refusal to apply the discovery rule to toll the statute of limitations and the entry of summary judgment in an action for conversion of negotiable instruments


In California, a settling defendant may not be truly out of the case
  • Masuda Funai Eifert & Mitchell Ltd
  • USA
  • October 4 2012

The California Supreme Court recently ruled that in cases where the trial judge has not certified that a settlement was reached in good faith, the non-settling defendants may later sue the settling defendant if the jury apportions additional fault to the settling defendant


Labor arbitrating non-competes in California: a different standard?
  • Masuda Funai Eifert & Mitchell Ltd
  • USA
  • November 6 2015

California's famous ban on non-competition agreements, at first glance, seems insurmountable. In 2008, the California Supreme Court ostensibly