Civil Remedies Updates

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H2H Enterprises / Huddle House #670 to Pay $15,000 to Settle EEOC Racial Harassment Lawsuit

Restaurant Managers Created a Racially Hostile Work Environment For Black Employee, Federal Agency Charged - PINE BLUFF, Ark. - H2H Enterprises, Inc., d/b/a/ Huddle House #670 in Pine Bluff, Ark., will pay $15,000 to...more

Prevailing FEHA Defendant Not Entitled To Litigation Costs Unless Plaintiff’s Lawsuit Lacked Objective Basis

The California Supreme Court in Williams v. Chino Valley Independent Fire District affirmed the asymmetrical nature of litigation costs awards in discrimination lawsuits under the California Fair Employment and Housing Act...more

CCP Section 998 Offers to Compromise and Howell v. Hamilton Meats Collide

In Lee v. Silveira, et al., 2015 DJDAR 5287, the California Court of Appeal, Fifth Appellate District, held that a plaintiff is not entitled to recover fees under California Code of Civil Procedure (“CCP”) Section 998 where...more

Target Data Breach Settlement

On November 30, 2013, I stopped at Target to purchase a birthday gift for my friends’ one-year-old daughter. Little did I know that I would be exposed to one of the largest data breaches in retail history. Fortunately, my...more

Supreme Court to Determine if Offer of Relief to Named Plaintiff Moots Class Action

Over the past several years, employers defending wage and other class action lawsuits have increasingly used a procedural move intended to defeat the class claim. In these cases, the employer offers complete financial and...more

Physicians as whistleblowers: Doctors get rich by exposing fraud

As the federal and state governments have evolved from Uncle Sam to Doctor Sam, the potential for healthcare waste, fraud and abuse has also increased. One way the government has deterred healthcare fraud is by enacting and...more

CPSC Bumps Up Litigation Strategies Another Notch

The Consumer Product Safety Commission (“CPSC”) continues its increased willingness to use litigation as a tool when targeted companies disagree with the CPSC’s position, recently initiating two lawsuits seeking civil...more

Managing Institutional Risk: Fraud-Proofing Your Organization

In this presentation: - Top 5 Fraud and Abuse Risks Facing Health Systems - Results of Enforcement Action - Top 5 Steps Health Systems Can Take To Minimize Fraud & Abuse Risk - Non-Compliant...more

Female Lawyer Plays The “V” Card, Wins $500 Sanction

Have you ever heard of the word “virilism”? Neither had I. But apparently it’s a real thing: the appearance of male secondary sex characteristics in a female. (Males can have the condition, too, but it’s usually more serious...more

PRP in CERCLA Enforcement Action Saves Millions of Dollars with Successful Divisibility Defense

Action Item: On March 15, 2015, the United States District Court for the Eastern District of Wisconsin in United States v. NCR Corp., No. 10-C-910 (E.D. Wis. May 15, 2015), held that a potentially responsible party (“PRP”) at...more

Recent Court Ruling Affects AZ Subcontractors and Suppliers

A recent decision from the Arizona Court of Appeals holds that preliminary 20-day notices served on bonded projects under the Little Miller Act (“LMA”), A.R.S. § 34-223(A), must be served by registered or certified mail. As a...more

Commercial Restructuring & Bankruptcy News - May 2015, Issue 2

In This Issue: - How Safe are the Bankruptcy Code Safe Harbors? - Stockton’s Chapter 9 Plan Approval - Delaware Chancery Court Clarifies Fiduciary Duties of Insolvent Corporation Directors in Derivative...more

Will We See Federal Trade Secret Legislation Passed This Year?

In January of this year, we noted that trade secret protection has lately been on the minds of lawmakers in Washington, and that federal trade secret legislation was very close to being enacted. While nothing is pending at...more

Blog: What States Should Know About the Civil Tort of Bribery

Who can be sued? A civil claim for bribery can usually be made against the bribe-payer and the bribe-recipient. When does it apply? The tort of bribery is founded on the legal relationship of principal (the state) and...more

Intellectual Property Alert: Apple v. Samsung: The Federal Circuit Clarifies Design Patent Principles Law

In a much anticipated opinion issued by the U.S. Court of Appeals for the Federal Circuit in Apple v. Samsung on May 18, the design patent law with respect to remedies and the infringement test remains robust. Notably, and...more

General partner to pay $171 million for special committee’s failure to act in good faith: 2 key takeaways

In In re El Paso Pipeline Partners, L.P. Derivative Litigation, 2015 WL 1815846 (Del. Ch. Apr. 20, 2015), the Delaware Court of Chancery (Vice Chancellor J. Travis Laster) issued a post-trial opinion finding that the general...more

ITC Affirms Joint and Several Liability of Counsel for Payment of Monetary Sanctions Based on Client's Spoliation of Evidence

On April 30, 2015, the International Trade Commission issued the public version of its opinion reviewing ALJ Thomas B. Pender’s Initial Determination in Investigation No. 337-TA-883, finding the Respondents in default due to...more

Sticking up for Their Rights: Employers Taking the Offensive

The traditional posture of California employers apprehensive about “gotcha” wage and hour claims is to hunker down and wait for the next lawsuit. But a few brave souls have taken the offensive. We celebrate two examples here....more

ERISA (3rd Circuit): Even a Voluntary Settlement Can Mean “Some Success on the Merits” When Awarding Attorney Fees?

You know that a court has discretion to award attorney fees under ERISA if a party shows “some degree of success on the merits.” But how do you define “success”? A new third circuit case reminds one of that old Milton...more

“Age Defying” Make-up Case Only Partially Defies Preemption

Coco Chanel said that nature gives you your face at 20, but you earn your face at 50. Perhaps that is not so different from Mark Twain’s theory that one’s wrinkles should merely be monuments to smiles. Those platitudes do...more

Fenwick Employment Brief - May 2015

EEOC Conciliation Efforts Subject To Limited Judicial Review - In Mach Mining, LLC v. EEOC, the United States Supreme Court held that the conciliation efforts of the Equal Employment Opportunity Commission (EEOC) are...more

Franchisors in Québec have the implied obligation to protect and enhance the brand: the Dunkin’ Donuts case

In a unanimous decision, the Québec Court of Appeal has upheld the decision of the Superior Court which found that a franchisor must take reasonable measures to protect and enhance the value and reputation of its brand. Thus,...more

Florida Enacts Law Providing for Civil Remedy Against Cyber Fraud and Abuse

On May 14, Florida Governor Rick Scott signed the Computer Abuse and Data Recovery Act (CADRA) into law. CADRA is intended to provide a remedy to businesses for harm or loss caused by unauthorized access to protected...more

Appellate Court Notes

SC19297 - DiLieto v. County Obstetrics & Gynecology Group, P.C. - Plaintiff received a jury verdict of $4.5 million in this medical malpractice action due to the wrongful removal of certain organs. The plaintiff was...more

The new global arbitration advantage: the Delaware Rapid Arbitration Act

The State of Delaware is offering something new for parties that would rather arbitrate than litigate in a public courtroom - and its offering has global reach. The Delaware Court of Chancery and the Delaware Supreme...more

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