Court Says Daubert’s ‘Gatekeeper’ Role Favors Inclusion, Not Exclusion
Ferraro v. Convercent, Inc. This Daubert case illustrates how courts may interpret the role of “gatekeeper” differently. The dispute featured a company that provided software-based services. The defendants claimed the plaintiff’s expert was unqualified because he...
If Adopted, Overtime Pay Rules May Expand to More Employees
Under the Fair Labor Standards Act, salaried employees whose job duties are executive, administrative or professional (EAP) in nature and who earn at least $455 per week aren’t eligible for overtime — no matter how many hours they work. Because of this, small business...
$6 million award in lawsuit exposes rift in prominent Maine business family
Tucker Cianchette has won a nearly $6 million verdict against his father over the failed buyout of a Yarmouth car dealership, exposing a rift in one of Maine’s most prominent business families. Cianchette sued his father and stepmother, Eric and Peggy Cianchette, on a...
Hiring Minors to Work at Your Business? Know the Rules
Summer is fast approaching, which means many small businesses here in Maine are gearing up for their busiest time of year. Of course, an increase in workload requires an increase in labor to handle it — and that often means hiring teenagers who are out of school for...
‘Mixed-Purpose’ Valuation Is Discoverable, New York Court Rules
Noven Pharmaceuticals v. Novartis Pharmaceuticals When it comes to document discovery, the “why and “when” matter greatly, as a recent New York ruling centering on a valuation report makes clear. The issue was whether a valuation the defendant had commissioned months...
Does Your Company Allow Vaping on the Job?
Most employers try to strike a balance between encouraging healthy habits on the part of their employees and acting as a surrogate nanny. But as the use of e-cigarettes has become increasingly popular, the question of whether or not to allow vaping at work can be a...
Exploring the Cashless Movement in Retail
Cash payments aren’t as obsolete as cassette tapes and VCRs, but they’re definitely becoming less popular. Only 30% of all retail transactions were completed using cash in 2018 — a 40% decrease since 2012, according to the Federal Reserve. And that trend is expected...
Courts Are Alert to Valuations Unmoored From the Facts
Cristofano v. Chahal Perhaps experts feel pressure from the hiring attorney or the client, perhaps they are unable to access key documents or information, or perhaps they simply lack valuation and litigation experience. Whatever the reason, case law provides too many...
Court Explains Why Valuation Report Is Discoverable
Galasso v. Cobleskill Stone Products In a short but very educational opinion, a New York appellate court answered a fundamental question: Under what circumstances must a valuation report be disclosed? The crucial factors were the report’s relevance and purpose. ...
Appeals Court Upholds Grocery Store Buyout Ruling and Fair Value Determination
Lund v. Lund A protracted Minnesota buyout dispute involving the heirs to a local grocery store empire may have reached the end. The state appeals court affirmed most of the district court’s rulings, including the buyout order and fair value determination. The...