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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


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


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


Contract with one-sided termination enforced not a perpetual contract
  • Masuda Funai Eifert & Mitchell Ltd
  • USA
  • June 22 2015

In an earlier Risk Management Update, we reported on an Illinois case in which the court declined to enforce what it considered to be a perpetual


Reminder to Employers: Pre-Employment Inquiries Into Medical History Are Illegal
  • Masuda Funai Eifert & Mitchell Ltd
  • USA
  • July 12 2016

A recent EEOC lawsuit, EEOC v. Grisham Farm Products, Inc., Case No. 16-cv-03105 (W.D. Mo. June 8, 2016), serves as a reminder to employers that


California court allows equitable defense to enforcement of guaranty in spite of general waiver
  • Masuda Funai Eifert & Mitchell Ltd
  • USA
  • February 11 2015

Shortly before the new year, California's Fourth District Court of Appeal, sitting in Riverside, delivered some clarity to California's law on


Another Corporate Veil Piercing Case - Sham Transactions Make Affiliates and Individuals Vulnerable
  • Masuda Funai Eifert & Mitchell Ltd
  • USA
  • May 17 2016

Suddenly courts in Illinois are issuing corporate veil piercing decisions. In our last update, we highlighted an Illinois Court of Appeals decision


California arbitration agreements can allow for emergency court orders
  • Masuda Funai Eifert & Mitchell Ltd
  • USA
  • March 22 2013

In Baltazar v. Forever 21, Inc., No. B237173 (Cal. App. Dec. 20, 2012), California's Second District Court of Appeal enforced an employer's


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