Law360 has published “Using Int'l Discovery Statute After High Court Limits Its Scope”
The article discusses foreign litigants’ use of U.S.-based discovery procedures pursuant to Section 1782 of the U.S. Code, as well as...more
Key Points -
The NLRB’s General Counsel issued a memorandum providing her position that the NLRA protects student-athletes who “perform services for their colleges and the NCAA, in return for compensation” and are...more
10/1/2021
/ Alston v NCAA ,
Educational Institutions ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Name and Likeness ,
NCAA ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Student Athletes ,
Unions
European financial supervisory authorities have requested the European Commission to clarify key areas of ambiguity regarding the scope and application of the Sustainable Finance Disclosure Regulation (SFDR), including its...more
1/18/2021
/ Alternative Investment Fund Managers Directive (AIFMD) ,
Business Plans ,
Business Strategies ,
Corporate Governance ,
Corporate Social Responsibility ,
Disclosure Requirements ,
Environmental Social & Governance (ESG) ,
European Supervisory Authorities (ESAs) ,
Popular ,
SFDR ,
Sustainability
On December 7, 2020, parties and practitioners in international commercial arbitration came one step closer to resolving the threshold question of the applicability of 28 U.S.C. § 1782 to international commercial tribunals....more
- Universities across the country have shuttered their campuses and moved classes online in reaction to the novel coronavirus outbreak, but may be the targets of class actions from students as a result.
- Public and...more
- Federal emergency authorities targeting COVID-19 provide important protections to businesses for certain actions in connection with the national response to the public health crisis.
- The protections include immunity...more
4/22/2020
/ Anti-Kickback Statute ,
CARES Act ,
Coronavirus/COVID-19 ,
Defense Production Act ,
Department of Health and Human Services (HHS) ,
Health Care Providers ,
Immunity ,
Liability ,
Public Health ,
Public Health Emergency ,
Public Readiness and Emergency Preparedness Act (PREP Act) ,
Sanctions ,
Stark Law ,
Volunteers ,
Waivers
- Federal agencies’ regulatory interpretations falling short of the standards laid out in Kisor are not surviving judicial review.
- Courts are closely scrutinizing regulations to determine if they are genuinely...more
On March 11, the World Health Organization (WHO) declared COVID-19 a global pandemic. The same day, the National Basketball Association, Major League Baseball, National Hockey League and Major League Soccer all suspended...more
- The Washington state Senate has passed its version of a consumer data privacy bill as state lawmakers debate proposed legislation for the Washington Privacy Act, the state’s first data privacy law.
- In their own bill,...more
2/19/2020
/ Consumer Privacy Rights ,
Corporate Counsel ,
Customer-Loyalty Programs ,
Cybersecurity ,
Data Collection ,
Data Privacy ,
Data Protection ,
Data Security ,
Facial Recognition Technology ,
Legislative Agendas ,
Opt-Outs ,
Personally Identifiable Information ,
Preemption ,
Privacy Legislation ,
Private Right of Action ,
Proposed Legislation ,
Right to Delete ,
Right-To-Access
• In October, the House Energy and Commerce Committee and the Senate Commerce, Science and Transportation Committee unveiled a partial discussion draft of autonomous vehicle (AV) legislation. The draft text addresses safety...more
11/25/2019
/ Automotive Industry ,
Cybersecurity ,
Department of Transportation (DOT) ,
Driverless Cars ,
Legislative Agendas ,
Motor Vehicles ,
NHTSA ,
NTSB ,
Popular ,
Proposed Legislation ,
Safety Standards ,
SCC
• The Supreme Court held that courts should determine whether disputes are excluded from arbitration under the FAA, even if the parties agreed that arbitrators should decide all questions of arbitrability.
• The Court...more
1/17/2019
/ Appeals ,
Arbitration Agreements ,
Commercial Truck Drivers ,
Employment Contract ,
Exceptions ,
Federal Arbitration Act ,
Independent Contractors ,
Motion to Compel ,
New Prime v Oliveira ,
Question of Arbitrability ,
Reaffirmation ,
SCOTUS
• In most TCPA cases, a threshold question is whether a called party has provided prior express consent to receive calls (or texts) using an automatic telephone dialing system.
• While numerous courts have ruled that a party...more
9/6/2018
/ Auto-Dialed Calls ,
Contract Terms ,
Corporate Counsel ,
Debt Collection ,
Debt Collectors ,
Dish Network ,
FCC ,
Prior Express Consent ,
Revocation ,
Robocalling ,
Summary Judgment ,
TCPA ,
Telecommunications ,
Telemarketing ,
Text Messages
• California recently passed the landmark California Consumer Privacy Act that goes into effect in 2020, which grants California residents new privacy rights.
• The CCPA creates a private right of action for California...more
7/9/2018
/ Attorney General ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Breach ,
Data Collection ,
Data Privacy ,
Data Protection ,
Data Rights ,
Data Security ,
Disclosure Requirements ,
Encryption ,
Enforcement Actions ,
Governor Brown ,
New Legislation ,
Notice Requirements ,
Opt-Outs ,
Penalties ,
Personal Data ,
Personally Identifiable Information ,
Private Right of Action ,
Right to Delete ,
Third-Party Service Provider ,
Transparency
• The D.C. Circuit reviewed a 2015 FCC order that interpreted the TCPA’s prohibition against using automated dialing devices to make unsolicited calls to cellular telephones. The court set aside two portions of the 2015 Order...more
3/21/2018
/ Appeals ,
Arbitrary and Capricious ,
Automated Systems ,
Cell Phones ,
Class Action ,
Consent ,
FCC ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Opt-Outs ,
Reassigned Phone Numbers ,
Revocation ,
Robocalling ,
Safe Harbors ,
TCPA ,
Telecommunications
• The DOJ has streamlined its process for reviewing CAFA settlement notices.
• The DOJ will likely become more aggressive in reviewing class action settlements for fairness, reasonableness and conformity with DOJ policy...more
• A judge in the Northern District of Illinois held that the U.S. Supreme Court’s decision in Bristol-Myers Squibb Co. v. Superior Court of California, 137 S. Ct. 1773 (2017) is applicable to personal jurisdiction...more
• The 9th Circuit affirmed the dismissal of a putative class action alleging that ESPN disclosed “personally identifiable information” in violation of the Video Privacy Protection Act of 1988 (VPPA) by knowingly disclosing to...more
On August 15, 2017, the 9th Circuit, in Thomas Robins v. Spokeo, Inc., reversed the district court’s dismissal of an action alleging willful violations of the Fair Credit Reporting Act (FCRA), 15 U.S.C. § 1681 et seq. The 9th...more
8/21/2017
/ Appeals ,
Article III ,
Credit Reports ,
Data Breach ,
Determination on Remand ,
Fair Credit Reporting Act (FCRA) ,
Imminent Harm ,
Injury-in-Fact ,
Ripeness ,
SCOTUS ,
Split of Authority ,
Spokeo v Robins ,
Standard of Review ,
Standing ,
Statutory Violations
Key Points -
- The District of Columbia Court of Appeals has adopted Federal Rule of Evidence 702 as the legal standard for determining the admissibility of expert testimony in the District of Columbia in all cases,...more
If you read one thing…
- A new federal law provides a cause of action for the misappropriation of trade secrets.
- The statute provides significant new remedies, including potential royalties for the misuse of...more
Earlier this week, the Supreme Court issued its highly anticipated decision in Spokeo v. Robins (see our previous posts on the case and oral argument). The United States Supreme Court held that a plaintiff must show that an...more
If you read one thing…
- A new federal law provides a cause of action for the misappropriation of trade secrets.
- The statute provides significant new remedies, including potential royalties for the misuse...more
After several years of consideration of possible civil federal trade secret legislation in Congress, the Defend Trade Secrets Act of 2016 (S. 1890) passed with significant bipartisan support in the Senate on April 4, 2016...more
The Target data breach has been the source of countless discussions of what to do and what not to do following a data breach. A recent ruling from the federal district court overseeing the consumer class action provides...more
Article III of the U.S. Constitution extends the federal judicial power only to “Cases” and “Controversies.” The Supreme Court has long held that no case or controversy exists unless the party invoking federal jurisdiction...more