Constitutional Law Civil Procedure

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Two Lawsuits Hope to Put the Brakes on Overtime Rule Changes

With a December 1 deadline looming, millions of employers across the country are scrambling to implement new compensation and classification practices in response to the U.S. Department of Labor’s (DOL) new overtime rule,...more

Sixth Circuit Eases Plaintiffs’ Burden for Standing in Data Breach Claims

Insurance companies are susceptible to the same sort of data breaches as suffered by many other businesses, such as the recently reported theft from Yahoo of the personal data in half a billion accounts. In a major decision...more

Texas Fiduciary Litigation Update: 2015-2016

The fiduciary field in Texas is a constantly changing area. Over time, statutes change, and Texas courts interpret those statutes, the common law, and parties’ documents differently. This paper is intended to give an update...more

Illinois Supreme Court Strikes Down Six-Person Civil Jury Statute as Unconstitutional

The Illinois Supreme Court in Kakos v. Butler, 2016 IL 120377, has found that the six-person civil jury statute enacted last summer is unconstitutional on its face. Facts - Public Act 98-1132, effective June 1,...more

D.C. Circuit Rules That the 8(a) Program is Constitutional, But Its Reasoning Raises Questions

On September 9, 2016, the U.S. Court of Appeals for the District of Columbia Circuit (D.C. Circuit) issued a split decision holding that § 8(a) of the Small Business Act does not violate the Equal Protection Clause of the...more

Key Legal Issues in Privacy and Data Security on Display in Sixth Circuit Data Breach Class Action Decision

A September 12, 2016 decision out of the U.S. Court of Appeals for the Sixth Circuit adds new fuel to an ongoing legal debate: when a data breach places a business’s sensitive customer information into the hands of hackers,...more

UPDATE: CA Supreme Court Grants Review of Order Requiring Yelp.com to Remove Negative Reviews of Law Firm Following Determination...

In a case which was the subject of our Alert dated June 22, 2016, the California Supreme Court agreed on September 21, 2016 to review a lawsuit that Yelp.com warns could lead to the removal of negative reviews on the popular...more

Sixth Circuit Lowers Bar For Plaintiff’s Standing To Sue In Data Breach Cases

On September 12, 2016, a split panel from the U.S. Court of Appeals for the Sixth Circuit held in an unpublished opinion that customers of Nationwide Mutual Insurance (“Nationwide”) could pursue claims stemming from a 2012...more

Supreme Court Corner: Q3 2016

CASES WE ARE WATCHING - Lee v. Tam TRADEMARK – Cert. Pending Pro-Football, Inc. v. Amanda Blackhorse, et al. TRADEMARK – Cert. Pending ISSUE: Whether the Lanham Act’s disparagement clause violates the...more

RLUIPA Case of the Year? Minnesota Municipality Uses RLUIPA’s Safe Harbor Provision to Avoid Liability

In an important decision for municipalities across the country, a federal court in Minnesota has recently ruled that actions taken under RLUIPA’s “safe harbor” provision absolved a local government of possible RLUIPA...more

Legislature to Litigants: “Can’t Touch This!” – Virginia Supreme Court Recognizes Legislative Privilege

The Virginia Supreme Court, interpreting the Virginia Constitution’s speech and debate clauses, has recognized a legislative privilege from responding to a document subpoena substantially similar to that of the better-known...more

Lenders Take Note: U.S. Supreme Court to Decide Scope of Right to Sue Under Federal Fair Housing Act

The federal Fair Housing Act (“FHA”) outlaws discrimination in lending based not only on race, color and national origin, but also religion, sex, disability and familial status. Across the country, courts are grappling with...more

Gannett Cannot Escape Privacy Suit Over USAToday App

On Friday September 2, the United States District Court for the District of Massachusetts ruled against Gannett Company, Inc. (“Gannett”) in a case where Gannett allegedly violated the Video Privacy Protection Act (“VPPA”) by...more

John Edwards argues before the Texas Supreme Court on important libel case that started in 2003

Houston partner John K. Edwards recently argued before the Texas Supreme Court on behalf of a newspaper and reporter in an important libel case that started in 2003 concerning an article published in a Fort Bend County...more

21 States Sue Obama Administration Over Controversial New Overtime Rule

The fate of the new overtime regulations governing white collar employees has been thrown into doubt this week, as twenty-one states joined together to file suit in the Eastern District of Texas, alleging that the Department...more

Federal Circuit Overturns PTAB Denial of Motion to Amend Claims in IPR Proceeding

Veritas Technologies LLC v. Veeam Software Corp., No. 2015-1894 (Fed. Cir. Aug. 30, 2016). On recurring controversy in AIA trials is the difficulty patent owners face meeting the PTAB’s strict requirements for amending...more

Virginia Supreme Court Opinions Affecting Local Government Law: September 15, 2016

The Virginia Supreme Court issued two opinions in September affecting local government law. Its work resulted in opinions addressing legislative privilege from document requests, and applying a local government tax exemption...more

Focus on Tax Controversy and Litigation - The Unprecedented Extraterritorialization of Tax Crimes

In addition to the discussion of the recently proposed U.K. criminal tax legislation, this month’s issue features articles regarding the Tenth Circuit Court decision in McNeill v. United States discussing a managing partner’s...more

Stern Amendments to Bankruptcy Rules

While it has taken five years of committee and court efforts, the “Stern Amendments” to the Federal Rules of Bankruptcy Procedure will become effective December 1, 2016. These amendments will streamline litigant and court...more

The Eighth Circuit Charts a Course for Data Privacy Cases in the Wake of Spokeo for Technical Violations of a Statute That Result...

The Eighth Circuit recently became the one of the first federal Courts of Appeals to apply the U.S. Supreme Court’s Article III standing decision in Spokeo Inc. v. Robins to a data privacy case. The Eighth Circuit affirmed...more

Litigation Alert: The Sixth Circuit Recognizes Article III Standing in Data Breach Case Despite Absence of Identity Theft...

Last week, the Sixth Circuit held that allegations that personal information was stolen following a data breach was sufficient to confer Article III standing to sue to the affected individuals, even in the absence of...more

Slapped Down: California Supreme Court Rules Anti-SLAPP Law Applies to Mixed Causes of Action

In Baral v. Schnitt, the California Supreme Court addressed a question that has divided California appellate courts for more than a decade: whether a special motion to strike under California’s anti-SLAPP statute (C.C.P....more

Eighth Circuit Clarifies Spokeo Ruling to Require Injury-in-Fact to Satisfy Article III Standing

In a victory to the defense bar, the U.S. Court of Appeals for the Eighth Circuit has published the first appellate opinion to apply the principles the U.S. Supreme Court articulated in Spokeo, Inc. v. Robins regarding...more

Eighth Circuit Decision Interpreting Spokeo Shows Impact of Supreme Court Decision on Privacy Actions

In issuing its decision in Braitberg v. Charter Communications, the Eighth Circuit recently became the first federal appellate court to issue a published opinion interpreting Spokeo and, as predicted, shows that the Supreme...more

Ocean, NJ ordered to allow Yeshiva boarding school

In January of this year, Yeshiva Gedola Na’os Yaakov, Inc. (the “Yeshiva”) filed a 79-page complaint in federal court against the Township of Ocean, New Jersey, and the Township’s Zoning Board of Adjustment (the “Township)...more

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