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March 2014 Archives

Colorado bio-tech firm gives IPO a second try

The initial public offering for companies does not always pay-off the first time around and sometimes subsequent IPOs are required. One Colorado firm is now attempting to raise $35 million through an IPO. It had attempted to raise $75 million in 2012, but those plans fell through when the firm could not locate buyers.

Felony Records

Peoplemark is a temporary-employment agency with offices in Michigan, Tennessee, Kentucky, and Florida. Peoplemark's application form asks applicants whether they have a felony record. The criminal records of all applicants are also independently investigated by Peoplemark. In 2005, an African American named Sherri Scott with a felony conviction submitted an application to Peoplemark's Grand Rapids office. Peoplemark did not refer Ms. Scott for employment. Because of this refusal, Ms. Scott filed a charge of discrimination with the Equal Employment Opportunity Commission (hereinafter "EEOC"), alleging that Peoplemark denied her application because of her felony record.

Intellectual property dispute results in $28.5 million verdict

SanDisk Corporation was awarded $28.5 million in damages from PNY Technologies over an alleged breach in a license agreement.  PNY was said to owe SanDisk the appropriate amount owed concerning the right to license SanDisk's intellectual property.

Scope of Employment

Mr. Terry Childs served as the principal network engineer for the Department of Telecommunications and Information Services (DTIS) of the City and County of San Francisco. DTIS was responsible for administering the city's computer network, providing computer services to city departments including Internet and department database access. The company was responsible for maintaining, operating, and repairing the network.

Securities lawsuits being addressed by U.S. Supreme Court

Depending on a ruling by the U.S. Supreme Court, class-action securities lawsuits may be more difficult to bring. For the past 25 years class actions have been allowed based on the presumption that share prices can be affected by corporate acts. This presumption is now being challenged by Halliburton Co.

Confidentiality Clauses

Patrick Snay, the former head of a private prepatory school in Miami, Florida lost his $80,000 settlement after his daughter boasted about it on Facebook. Mr. Snay filed an age discrimination complaint when his 2010-2011 employment contract was not renewed. In November 2011, the school and Mr. Snay came to an agreement that he would be paid an $80,000.00 settlement as a resolution to his claims. However, four days after the agreement was signed, Snay's daughter went on Facebook and boasted, "Mama and Papa Snay won the case against Gulliver. Gulliver is now officially paying for my vacation to Europe this summer. SUCK IT." This message went to the daughter's 1,200 Facebook followers which included current and former Gulliver students.

House bill could result in more employment claims

House Bill 1136 passed by the Colorado legislature will take effect on Jan. 1, 2015.  This bill will allow for employees to bring suits against employees for a larger number of classes of economic damages.  Lawsuits can also be brought for non-economic damages including mental anguish, inconvenience, loss of enjoyment of life and emotional pain.