As part of our overall risk assessment protocols for recyclables compliance, BayneLaw is advising of 2023 updates and upcoming changes to beverage plastic container laws around the country that may affect Distributors and Manufacturers beverage container compliance...
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Business Judgment Rule: Bad Decisions by Directors or Officers are not necessarily a Breach of Duty.
The business judgment rule accepted by most US jurisdictions is intended to protect officers and directors from liability where they have made decisions in good faith and using appropriate procedures, even if those decisions turn out to be poor or have negative...
Business Judgment Rule: Directors and Officers May be Held to a Fiduciary Duty of Care.
Directors and officers owe a fiduciary duty to the corporation and, by extension, its shareholders. The duty of care requires directors and officers to act in as competent a manner as would reasonably prudent people in their positions. Officers and directors must make...
Are Directors and Officers Protected from Liability When Acting for a Company?
The law surrounding the insulation of directors and officers from liability is voluminous and fraught with important exceptions. In the United States, each State has its own corporate and company law statutes and varying levels of protecting directors and officers...
Presentation of a False Claims Act Case Must Include Allegations of Several Key Items, or Elements, of the Claim.
When presenting a False Claims Act / Qui Tam action in the Federal Courts, whistleblowers need to be able to explain why the actions of the defendant are fraudulent or false, and subject to the federal statute authorizing the false claim action in Federal Court. Key...
Under the False Claims Act companies and individuals are prohibited from making false statements or declarations to any agency or arm of the United States
In order to successfully recover civil penalties and forfeitures in a False Claims / Qui Tam action from companies and persons who have defrauded the government, the key elements and basis for the claim must be established. Federal law clearly sets out the types of...
Understanding Whistleblower Rights under the False Claims Act: Using the Legal Hammer to Prevent Fraud against the United States of America
The False Claims Act also known as a “Qui Tam” (kwee- tam) action, rewards the public for bringing lawsuits to recover civil penalties and forfeitures from those companies and persons who have defrauded the government. Qui tam laws rewards those who bring (“relate”)...
Compliance with product labeling laws and regulations
The Occupational Safety and Health Administration is on the verge of issuing proposed altered hazardous communication requirements. These are the requirements that accompany dangerous substances and materials for workers, including employees of companies in New...
Understanding mediation as an alternative resolution process
There are two primary types of alternative dispute resolution or ADR processes utilized in New Jersey today. These are arbitration and mediation. Mediation is a broadly used ADR process in resolving business disputes, including issues involving contracts....
Forced arbitration becomes more widespread
With increasing regularity, individuals and businesses in New Jersey are finding themselves having no real alternative but to enter into a contract which includes a provision for forced arbitration should a dispute of some sort arise. Indeed, the widespread use of...