Benesch

Class Certification Upheld in Ohio “Noxious Odors” Lawsuit

Plaintiffs, seven in all, resided in Garfield Heights, Ohio. They sued various defendants, including the City of Garfield Heights, alleging “that noxious odors in their neighborhood affected the use and enjoyment of their…more
| Civil Procedure

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. Murphy…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Labor & Employment Law

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. Murphy…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Elections & Politics, Labor & Employment Law

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 to…more
| Civil Procedure, Elections & Politics

“Right-to-Work” Momentum Building in 2017

In the early months of 2017, right-to-work legislation continues to garner significant attention as a number of states explore legislation. In early January, Kentucky passed legislation prohibiting employers from entering…more
| Elections & Politics, Labor & Employment Law

InterConnect FLASH! No. 60 - Failing to Follow the Guidance from the "Recipe Book" May Be Very Costly: Part II

Two years ago in Flash No. 451, we wrote about the trial court decision in the Indiana case of Celadon Trucking Services, Inc. v. Wilmoth, et al., highlighting the importance of close attention to the “ingredients” of agreements…more
| Commercial Law & Contracts, Transportation

Gone Phishing: IRS Warns Businesses of Tax Season W-2 Phishing Scam

Tax season is upon us, and as millions of people nationwide are preparing to file their tax returns, the Internal Revenue Services (IRS) has issued an urgent warning regarding a recurring e-mail phishing scheme targeting…more
| Business Organizations, Labor & Employment Law, Privacy, Taxation

Eighth Circuit Vacates Data Breach Class Action Settlement; Gently Rebukes Trial Court

Target Corporation announced a data breach in 2013, which occurred, as it noted in an SEC filing, when “an intruder stole certain payment card and other guest information from [its] network.” Estimates as to the number of…more
| Civil Procedure, Consumer Protection, Privacy, Science, Computers, & Technology

EU Data Protection Law Subjects U.S.-Based Companies to Potentially Substantial Penalties

On May 25, 2018 the European Union’s General Data Protection Regulation and Regulation on Privacy and Electronic Communications (the “ePR”) will go into full force and effect. That gives companies that do business in the EU, or…more
| Commercial Law & Contracts, Elections & Politics, International Law & Trade, Privacy

Seventh Circuit Sheds Light on Spokeo; Affirms Dismissal of Class Action for Lack of Standing

When Derek Gubala subscribed to Time Warner Cable in 2004, he gave it his birth date, home address, home and work phone numbers, social security number, and credit card information. Gubala canceled his subscription in…more
| Civil Procedure, Communications & Media Law, Constitutional Law, Consumer Protection, Privacy

Trump Administration Freeze on Regulations

On January 20, 2017, President Trump took a step to fulfill his campaign promise to reduce regulations on businesses when his Chief of Staff, Reince Priebus, directed federal agencies to freeze all pending regulations. Although…more
| Elections & Politics, Government Contracting, Labor & Employment Law

3D Printing Quarterly Report - Q4 2016

Developments in 3D Printing: A Sector by Sector Overview - This report explores recent developments across a number of sectors as it relates to 3D printing and its impact on each sector. We’ve limited our scan to the…more
| Agriculture, Commercial Law & Contracts, Health, Science, Computers, & Technology, Transportation

Ninth Circuit Holds That Securities Class Action Based on Violations of Ethics Code Properly Dismissed

On January 19, 2017, the Ninth Circuit affirmed the dismissal of a shareholder class action lawsuit alleging securities fraud violations, arising out of Hewlett-Packard’s former CEO’s alleged misrepresentations about HP’s…more
| Business Organizations, Civil Procedure, Civil Remedies, Securities Law

InterConnect - Winter 2017

As any mergers and acquisitions (M&A) practitioner knows, one of the keys to a successful transaction is ensuring that all of the moving pieces come together smoothly at the appointed time for closing. Regulatory issues…more
| Business Organizations, Commercial Law & Contracts, Mergers & Acquisitions, Transportation

Dating Apps and Class Actions: A Match Made in the Courtroom

Tinder touts itself as being “the world’s leading social app for meeting new people. It claims that “with its global reach, people in all 196 countries around the world are swiping right to connect with others, making it a top…more
| Civil Procedure, Communications & Media Law
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