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Class Action Fairness Act Author Introduces New Bill That Would Drastically Reform Class Action Litigation

House Judiciary Committee Chairman Bob Goodlatte (R-Va.), the author of the Class Action Fairness Act, introduced the “Fairness in Class Action Litigation Act of 2017” last week that would substantially change class action...more

Overtime Appeal Faces Further Delay

So what’s the future of the overtime regulations that were supposed to become effective last December, but then got blocked by a federal judge just before Thanksgiving? It appears that we are going to have to wait a while...more

Supreme Court Nominee Neil Gorsuch on Data Privacy

Last month, the President announced his nomination of Judge Neil M. Gorsuch—a federal appeals court judge—to the Supreme Court. Gorsuch must still go through Senate confirmation hearings before officially becoming the ninth...more

Supreme Court Postpones Consideration of Class Action Waivers Until 2017 Term

In one of our previous posts, we highlighted that the United States Supreme Court granted review to address the legality of class action waivers in arbitration agreements among employers and employees. The case, NLRB v....more

Ninth Circuit Court of Appeals Upholds the Temporary Restraining Order on Enforcement of President Trump’s Jan. 27 Executive Order

On February 9, 2017, the Ninth Circuit Court of Appeals unanimously denied the U.S. Department of Justice’s (“DOJ”)’s emergency motion requesting an administrative stay of the U.S. District Court for the Western District of...more

Proposed Federal Legislation Would Rewrite Class Action Law

On February 9, 2017, Rep. Bob Goodlatte (R-VA) introduced H.R.985 in the U.S. House of Representatives. The Bill is titled “To amend the procedures used in Federal court class actions and multidistrict litigation proceedings...more

9th Circuit Refuses to Stay Nationwide Injunction Against Enforcement of Trump Immigration Order While Government Appeals

On February 9, 2017, the Court of Appeals for the Ninth Circuit affirmed the U.S. District Court’s Temporary Restraining Order prohibiting nationwide enforcement of key portions of the immigration Executive Order issued on...more

Democratic lawmakers/ Democratic state AGs/ consumer advocacy groups seek reconsideration en banc of motions to intervene in PHH...

After the D.C. Circuit panel issued a per curiam order on February 2 denying the three motions to intervene that were filed in the PHH case, we expected the next development in the case to be a decision by the D.C. Circuit on...more

Federal Appeals Panel Upholds Injunction Blocking Trump’s Immigration Ban

For businesses, universities, individuals and others potentially affected by Trump’s executive order, the situation remains far from certain because the government has vowed to take the fight to the U.S. Supreme Court....more

Ninth Circuit Refuses to Vacate TRO on Trump’s Immigration Order

Late yesterday, in the case of Washington v. Trump, No. 17-35105 (9th Cir. Feb. 9, 2017), the U.S. Court of Appeals for the Ninth Circuit issued a “per curiam” opinion, which refused to vacate the temporary restraining order...more

President's Immigration Ban Remains Blocked

Federal Appeals Court Rejects Government Bid To Reinstate Travel Ban - After hearing an emergency oral argument late Tuesday, the 9th Circuit Court of Appeals agreed with a lower federal court judge and late today upheld...more

UPDATE: Ninth Circuit Upholds TRO Halting President Trump’s Immigration Travel Ban

On Thursday, February 9, 2017, the Ninth Circuit Court of Appeals denied the U.S. Department of Justice’s (DOJ) emergency motion for a stay in a case that suspended implementation of certain sections of an executive order...more

Biotechnology Considerations for the Unitary Patent System in Light of Brexit and Other Current Developments

Written by Daniel A. Kamkar and Eric Furman, Ph.D. After the United Kingdom voted to leave the European Union, dubbed “Brexit” by the press, many have called into question whether the UK would ratify the Unitary Patent...more

Good Things Come To Those Who Wait? Supreme Court Delays Class Waiver Decision Until Next Term

A Full Complement Of SCOTUS Justices Bodes Well For Employers - When the U.S. Supreme Court announced several weeks ago it would settle a dispute about whether employers can use mandatory class action waivers with their...more

Procedural Issues May Determine Immediate Fate of President’s Executive Order Before Diverse Panel of Ninth Circuit Judges

The near-term fate of President Trump’s Executive Order barring entry from seven Muslim-majority countries was before the Ninth Circuit Court of Appeals on February 7, 2017. The Court must decide whether to stay a Temporary...more

Trump’s 2 for 1 Regulatory Reduction Challenged in Court

President Donald Trump’s Executive Order requiring two regulations be repealed for every new one adopted and related OMB guidance have been challenged in a law suit commenced in the U.S. District Court for the District of...more

Travel Ban Lifted: Court Grants Nationwide Temporary Restraining Order on Trump’s Executive Order

On February 3, 2017, a Seattle federal court judge granted Washington State and Minnesota’s emergency motion for a temporary restraining order (TRO) in its challenge to President Trump’s Executive Order (EO) on “Protecting...more

Oral Argument Tuesday, February 7th on Enforcement of President Trump’s January 27th Executive Order

On February 3, 2017, the United States District Court for the Western District of Washington issued a temporary restraining order, prohibiting the federal government from enforcing certain sections of President Trump’s...more

A Cautionary Comment on PAGA (or Plaintiffs’ Attorneys Getting Around) Legislative Intent

Seyfarth Synopsis: Sometimes, plaintiffs’ attorneys have circumvented a key aspect of the California Legislature’s intent in enacting PAGA: limiting standing to pursue penalties for Labor Code violations to those employees...more

Judge Neil Gorsuch, the Supreme Court and Product Liability Litigation

What does the nomination of Judge Neil Gorsuch for the U.S. Supreme Court mean for product liability litigation? Judge Gorsuch may be similar enough to the late Justice Antonin Scalia as to first principles that near-term...more

Update on the President’s Executive Order Banning Selected Travel

On January 27, 2017, President Donald J. Trump issued an executive order entitled “Protecting the Nation from Foreign Terrorist Entry into the United States” (“EO”). In pertinent part, the EO...more

Federal Court Blocks President Trump’s Immigration Executive Order

What Latest Development Means for Employers - On Friday evening, February 3, a federal judge in Washington state granted a nationwide temporary restraining order blocking the president’s controversial immigration...more

UPDATE: Executive Order's Travel and Refugee Ban Temporarily Suspended

On Friday, February 3, 2017, a Federal District Court judge issued a nationwide suspension of President Trump’s Executive Order, “Protecting the Nation from Foreign Terrorist Entry into the United States.” For more...more

Travel Update under Trump’s Executive Order

While daily governmental guidance for affected individuals, in the United States and abroad, has followed the signing of Executive Order “Protecting the Nation from Foreign Terrorist Entry into the United States” on January...more

Federal Court Temporarily Halts Suspension of Travel to U.S. for Previously Affected Foreign Nationals

Seyfarth Synopsis: Immediate Stay of Trump’s Executive Order has been denied and travel ban remains halted for now. On Friday, February 3, a Federal District Court in Washington issued a temporary restraining order...more

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