Allyson Ho

Allyson Ho

Morgan Lewis

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Update: Midland Funding v. Madden

In an amicus curiae brief, the US Solicitor General recommends that the petition for certiorari in Madden be denied, but agrees that the Second Circuit’s decision is incorrect and emphasizes the importance of banks being able...more

5/26/2016 - Appeals Banking Sector Choice-of-Law Credit Cards Debt Buyers Federal v State Law Application Financial Services Industry Interest Rates Madden v Midland Funding National Bank Act Online Marketplace Lending Petition for Writ of Certiorari Preemption SCOTUS Solicitor General Usury

Supreme Court Issues Closely Watched Article III Standing Decision

The Court holds that allegation of a statutory violation is not solely sufficient to satisfy the “concrete harm” requirement for purposes of Article III standing in federal court....more

5/18/2016 - Article III Background Checks Class Action FCRA Injury-in-Fact SCOTUS Spokeo v Robins Standing Statutory Damages

US Supreme Court Hears Oral Argument on Viability of FCA’s Implied Certification Theory

In qui tam case, Supreme Court oral argument addresses practical implications of limiting the scope of the implied certification theory of liability under the FCA....more

4/20/2016 - Certiorari False Claims Act (FCA) False Implied Certification Theory Medicaid Qui Tam SCOTUS Universal Health Services Inc v United States ex rel Escobar

Supreme Court Affirms Limited Use of Representative Evidence in Don-Doff Class

In 6-2 decision, the US Supreme Court rejected a challenge to a jury verdict in Tyson Foods v. Bouaphakeo but declined to impose a broad rule for use of representative evidence. On March 22, the US Supreme Court affirmed...more

4/5/2016 - Admissible Evidence Class Action Class Certification Doffing Donning FLSA SCOTUS Statistical Sampling Tyson Foods v Bouaphakeo Unpaid Overtime Wage and Hour

US Supreme Court Hands Down Long-Awaited Decision in Campbell-Ewald v. Gomez

Court holds that offers of full relief, without more, do not moot claims brought by named plaintiffs in putative class actions in federal court. On January 20, the US Supreme Court issued its long-awaited decision in...more

1/25/2016 - Campbell Ewald v Gomez Class Action Class Representatives Mootness Rule 68 SCOTUS Settlement Offer Subject Matter Jurisdiction TCPA

US Supreme Court to Decide Fate of FCA’s Implied Certification Theory

Supreme Court grants certiorari in qui tam case to consider viability and scope of the “implied certification” theory of liability under the False Claims Act. On December 4, the US Supreme Court granted certiorari in...more

12/10/2015 - Certiorari False Claims Act (FCA) Federal Contractors Implied Certification Qui Tam Split of Authority

US Supreme Court Issues Landmark Decision Upholding Current ACA Structure

Now is the time for employers to focus on next steps. Yesterday, the US Supreme Court, in a 6–3 decision, held that the Internal Revenue Service (IRS) regulations issued in 2012 under the Affordable Care Act (ACA)...more

6/26/2015 - Affordable Care Act Employer Group Health Plans Employer Mandates Health Insurance Health Insurance Exchanges Individual Mandate King v Burwell SCOTUS Subsidies Tax Credits

U.S. Supreme Court Issues Historic Noel Canning Decision

The unanimous decision on presidential recess appointment powers strikes down three National Labor Relations Board recess appointments and effectively invalidates hundreds of Board decisions issued between January 2012 and...more

6/27/2014 - Canning v NLRB NLRA NLRB Recess Appointments SCOTUS

Texas Appellate Court Rules Late Arbitration Awards Are Void

Parties arbitrating in Texas should set formal agreements for delayed awards and should consider whether to object to awards that are not timely. In an arbitration case of first impression—Sims v. Building Tomorrow’s...more

5/12/2014 - Arbitration Arbitration Awards

Supreme Court to Decide Applicability of the “Prudence Presumption” in ERISA Stock Cases: ESOP and 401(k) Plan Sponsors and...

Introduction - In Fifth Third Bancorp v. Dudenhoeffer, the U.S. Supreme Court will decide whether investments in employer stock are entitled to a “prudence presumption” under the Employee Retirement Income Security Act...more

12/23/2013 - 401k Duty of Prudence Employee Stock Purchase Plans ERISA ESOP FIfth Third Bancorp v Dudenhoeffer Rebuttable Presumptions SCOTUS

Supreme Court Again Enforces an Arbitration Agreement with a Class Action Waiver

In American Express, Court rules that class action waivers may not be invalidated on the ground that individual arbitration is too expensive. On June 20, the U.S. Supreme Court issued its decision in American Express...more

6/24/2013 - American Express American Express v Italian Colors Restaurant Arbitration Arbitration Agreements Class Action Class Action Arbitration Waivers Federal Arbitration Act SCOTUS

Supreme Court Upholds Arbitrator’s Decision Regarding Class Arbitration

Court holds that an arbitrator did not exceed his powers under the Federal Arbitration Act in finding that class procedures were authorized because the parties agreed that the arbitrator could decide the question....more

6/12/2013 - Arbitration Class Action Contract Interpretation Federal Arbitration Act SCOTUS

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