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Introduction - II. The importance of collective actions in providing redress for negative value consumer claims - A. Injuries to Consumers in the United States and Italy: An Illustration - B. The Collective Action as a Consumer’s Only Remedy - III. Italy’s new class action as the government’s remedy - IV. The U.S. and Italian approaches to protecting consumers through collective actions for damages: two important features - A. The Opt-In/Opt-Out Comparison: Which Is More Effective for Consumer Class Actions? - B. Associational Standing: Should it be Broad or Limited? - 1. Associational Standing in Italy - 2. Associational Standing in the United States - V. Synthesizing the opt-in/opt-out class action device and associational standing in Italy and the United States: which flaws are ad...
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Alan Levin had watched Barnes & Thornburg LLP expand from its Indiana roots to offices in Chicago and Washington, D.C. However, the move to establish a presence in Western Michigan in 2003 had him a little nervous. If we're going into Atlanta like we did last year, it was important for our partners to understand some of the size of Atlanta, information about corporate Atlanta, information about how many law firms they have and the concentration of what type of lawyers and what areas they practice. Education: I went to the University of Pittsburgh for my first two years and transferred to Mercyhurst College (in Erie, Pa.) and got a degree in political science with a minor in business.
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The Office of Federal Contract Compliance Programs (OFCCP) is proposing to revise the regulations implementing the non-discrimination and affirmative action regulations of section 503 of the Rehabilitation Act of 1973, as amended. Section 503 prohibits discrimination by covered Federal contractors and subcontractors against individuals on the basis of disability, and requires affirmative action on behalf of qualified individuals with disabilities. The proposed regulations would strengthen the affirmative action provisions, detailing specific actions a contractor must take to satisfy its obligations. They would also increase the contractor's data collection obligations, and establish a utilization goal for individuals with disabilities to assist in measuring the effectiveness of the cont...
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In addition to set-asides and subcontracting opportunities, price evaluation adjustments for SDBs were authorized, providing a 10% preference in competitive acquisitions.33 Preferences, as applied to small businesses, have long been an accepted practice.34 However, when such preferences are applied to SDBs, protestors contend that it is a violation of equal protection rights and that the government, while promoting affirmative action, is engaging in reverse discrimination.35 III.\n Further, at the level of public policy development, there is a clear recognition that workplace diversity is a critical variable in developing harmonious, stable, and progressive societies.186 Government agencies continue to face the pressure of protecting the equal rights of non-minority or non-disadvantaged...
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The controversial doctrine of deepening insolvency permits a bankrupt entity or its representatives or creditors to recover damages from those who misrepresented the entity's financial condition and, thereby, allowed the entity to artificially prolong its existence and during that time accumulate additional debt to the detriment of creditors and other third parties. Some courts recognized the doctrine as more than a means of measuring damages under another theory of liability (e.g., malpractice claim), but treated deepening insolvency as an independent cause of action. The dispute presented in CitX Corp Inc is the product of a dot-com era Ponzi scheme that busted when the Internet stock bubble burst. The CitX Court concluded by addressing the deepening-insolvency claim. In the CitX Cour...
