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Minor League Baseball Players Take a Swing at MLB in Antitrust Suit

Several minor league baseball players have filed an antitrust class action against Major League Baseball, alleging that MLB and its teams operate as a cartel to impose restrictive contracts on minor league players. The suit,...more

The Employees Strike Back: High Tech & Hollywood Caught Red Handed in Wage-Fixing Class Actions

When you think of a monopoly you probably think of Rich Uncle Pennybags or oil tycoon John D. Rockefeller, but maybe you should think of Princess Elsa from Frozen or the iPhone 6 instead. The largest Hollywood animation...more

NCAA’s Limits on Athletes’ Compensation for Use of Their Names or Likenesses Violates Antitrust Laws

The National Collegiate Athletic Association’s (NCAA) fundamental beliefs about the role of student-athletes and its economic model just received a partial rebuke from the courts. On August 8, 2014, a federal judge ruled that...more

Be Clear: Include Class Arbitration Waivers In Arbitration Clauses

The Supreme Court of the United States continued its hot streak in the arbitration and class action waiver arena with two recent decisions....more

View From Proskauer: U.S. Supreme Court Provides Defendants With More Ammunition for Defeating Class Certification by Requiring...

The U.S. Supreme Court recently ruled in Comcast Corp. v. Behrend, 2013 WL 1222646 (U.S. Mar. 27, 2013) that, in order to obtain class certification, plaintiffs carry the burden of establishing not only that they have proof...more

U.S. Supreme Court Emphasizes Importance of Common Issues in Class Actions

Over the past two weeks, the United States Supreme Court has repeatedly underscored the importance of having common questions that are susceptible to common answers in cases where plaintiffs are seeking class certification....more

Did You Know…A Sea Change In Class Action Certification

In Comcast v. Behrend, a class action case involving how much Comcast charged cable TV subscribers, the United States Supreme Court held that as a prerequisite for certification of a class action, a plaintiff must introduce...more

Big Developments in Class Actions Part 1: a “rigorous analysis” of Comcast Corp. v. Behrend

In a very pro-employer/business opinion crafted by Justice Scalia, the U.S. Supreme Court rejected class certification for 2 million Comcast subscribers in an antitrust class action in Comcast Corp. v. Behrend, 516 U.S. ___...more

Plaintiffs' Bar is Whistling Past the Graveyard on Comcast

As many readers of this blog know by now, last week the Supreme Court issued yet another anti-class certification decision in Comcast Corp. v. Behrend (“Comcast”). While the full scope and meaning of the Court’s holding is...more

Class Action Alert: Recent Developments Favorable for Employers

Individualized Proof of Damages Can Block Class Certification Under Rule 23(b)(3) - The United States Supreme Court in Comcast v. Behrend continued its trend of disfavoring class certification of cases involving...more

Comcast Corp. v. Behrend: Courts Must Assess Merits of Plaintiffs’ Damages Evidence at Class Certification

Yesterday, in Comcast Corp. v. Behrend, 569 U.S. __ (2013), the Supreme Court answered a looming class certification question left open by Wal-Mart Stores, Inc. v. Dukes, 564 U.S. __ (2011): whether a putative class action...more

Supreme Court Raises The Bar For Class Actions

Today the U.S. Supreme Court rendered a pivotal decision, holding that as a prerequisite for certification of a class action, a plaintiff must introduce admissible evidence to show that the case is susceptible to awarding...more

Watch Your Assets Series Part Four: Key Injunction Strategies

In this series of blog posts, we have examined the use of injunctive relief in state and federal courts in response to employees who have misappropriated confidential information and trade secrets, who have solicited clients...more

Fair Credit Reporting Act Is Applied to Data Broker Selling Personal Information Gleaned from Social Media for Employment...

In what the Federal Trade Commission (“FTC”) touts as “the first Commission case to address the sale of Internet and social media data in the employment screening context,” Spokeo, an on-line data broker, has agreed to settle...more

Polish Law Review - March 2012

In This Issue: - Increasing Fines Imposed By Uokik For Practices Infringing The Consumers’ Interest - Changes In Poland’s Energy Law - New Geological And Mining Law - Amendments In The Polish Labor Code As Of...more

Employment Law Alert, UK Edition

Spring into Action As bonus time looms for many employers, and especially those in the Square Mile, employees start casting around for alternative options in case their variable remuneration doesn't meet their...more

Legal Alert: Class-Action Antitrust Complaint Alleging an Unlawful Employer "No-Poaching" Conspiracy Appears to Have Survived a...

At a hearing yesterday in San Jose, California, a federal district court judge indicated from the bench that antitrust claims alleging an "over-arching conspiracy" to fix and suppress employee compensation through...more

The FTC Staff Report on “40 Years of Experience with the Fair Credit Reporting Act” Illuminates Areas of Potential Class Action...

Table of Contents: I. INTRODUCTION 1; II. BACKGROUND FOR THE FTC STAFF REPORT 2; III. SUMMARY OF FCRA OBLIGATIONS ON EMPLOYERS THAT USE CONSUMER REPORTS FOR EMPLOYMENT PURPOSES 2; IV. SUMMARY OF FCRA REMEDIES 4; V. THE...more

Advertising Law - November 23, 2010

In This Issue: A Primer on Avoiding the Potential Pitfalls Associated with Social Networking; FTC Files Suit Against Dietary Supplements; That Claimed to Prevent Diabetes; Failure to Post EnergyGuide Info Results in FTC...more

California Supreme Court Again Confirms a Penalty is Not Restitution Under the UCL

Recently, we reported on the California Supreme Court’s decision in Clark v. Superior Court (National Western Life Insurance Company), wherein the Court confirmed that the only monetary remedy available under the Unfair...more

Employment Law Alert - March 2010

IN THIS ISSUE: *New FTC Endorsement Rules Impact Employers and Social Media *Federal Appellate Court Cuts Back Employer's Affirmative Defense Please see full alert below for more information....more

Noncompete News: Georgia Supreme Court Reverses Injunction On Unenforceable Noncompete, But Upholds Injunction Based On Trade...

In this edition of Noncompete News, we remind our readers that Georgia affords companies trade secret protection, even in the absence of an enforceable agreement. Earlier this month, the Georgia Supreme Court addressed an...more

Don't Lose Your Right to Arbitrate

Rightly or wrongly, Arbitration has been touted as a cure all for the business community over the years. As part of the arbitration push, the business community has been urged to add clauses into contracts mandating the...more

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