Drinker Biddle & Reath LLP

Obama Board Reaffirms Successor’s Right to Set Initial Terms of Employment when Taking Over Unionized Operation

Last week, the National Labor Relations Board issued a refreshingly employer-friendly decision which allowed a successor company to implement new pay terms without having to first bargain with the labor union…more
| Administrative Law, Commercial Law & Contracts, Government Contracting, Labor & Employment Law, Mergers & Acquisitions

Common Sense Rulings on the Meaning of “Prior Express Consent”

On August 20, 2015, the United States Court of Appeals for the Eleventh Circuit issued an opinion in Murphy v. DCI Biologicals Orlando, LLC, No. 14-10414, 2015 U.S. App. LEXIS 14632 (11th Cir. Aug. 20, 2015), affirming an order…more
| Civil Procedure, Communications & Media Law, Consumer Protection, Privacy

The Tide Continues to Turn: Texas Appellate Court Confirms High Burden for SSPA “Best Interest” Standard

Since the enactment of Section 5891 of the Internal Revenue Code and the various structured settlement protection acts (“SSPAs”), the volume of structured settlement factoring transactions has soared. Indeed, over the course of…more
| Civil Procedure, Commercial Law & Contracts

The NLRB Expands the Definition of “Joint Employer”

Last week, the National Labor Relations Board (the “NLRB” or “Board”) issued a decision greatly expanding the standard for determining whether a company may be deemed a “joint employer.” The Board’s decision, in Browning-Ferris…more
| Labor & Employment Law

A Busy Summer at the FCC: The Commission Releases Its Fax Waiver Order

On August 28, 2015, the Consumer and Governmental Affairs Bureau (“Bureau”), on authority delegated from the Federal Communications Commission, released an Order (“August 28 Order”) granting 117 petitions seeking a retroactive…more
| Civil Procedure, Civil Remedies, Commercial Law & Contracts, Communications & Media Law, Consumer Protection

Web Messaging Platforms After The FCC’s Declaratory Ruling

While various petitioners are challenging the FCC’s July 10, 2015 Declaratory Ruling before the D.C. Circuit, a recent district court decision is one of the first to address its impact on a pending TCPA claim. See Luna v. Shac,…more
| Civil Procedure, Communications & Media Law, Consumer Protection

1st Circuit weighs in on Rule 68 Mootness Issue; Laments that “Uncertainty will Reign” until Supreme Court provides Guidance on Class Action Pick-Offs

We’ve been watching closely as the various Circuit Courts of Appeals grapple with whether a Rule 68 offer of judgment to the named plaintiff in a putative class action can render the case moot even if the plaintiff rejects the…more
| Civil Procedure, Civil Remedies, Communications & Media Law, Constitutional Law, Consumer Protection

Federal Court Rejects Invalid Theory of FCPA “Accomplice” Liability

The United States District Court for the District of Connecticut recently held that a non-resident foreign national cannot be subject to criminal liability under the Foreign Corrupt Practices Act (FCPA) when the defendant is not…more
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Student Data Concerns Give Rise to Proposed Changes in Federal Education Privacy Laws

It has been over 40 years since Congress initially passed the Family Educational Rights and Privacy Act (“FERPA”) (20 U.S.C. § 1232g), also referred to as the “Buckley Amendment” after its primary Congressional sponsor. …more
| Education, Elections & Politics, Privacy

Centralization – When Is It an Option?

On Friday August 7, 2015, the Judicial Panel on Multidistrict Litigation (the “Panel”) issued four decisions in pending TCPA cases: In re Holiday Cruise Line Tel. Consumer Prot. Act (TCPA) Litig., MDL No. 2637, 2015 U.S. Dist…more
| Civil Procedure, Communications & Media Law, Consumer Protection

CA Paid Sick Leave: DLSE Opinion Letter Not a Cure-all

Last week, on August 7, 2015, the DLSE issued its first opinion letter interpreting the Healthy Workplaces, Healthy Families Act of 2014 (“Paid Sick Leave Law”), which is codified at California Labor Code section 245 et. seq…more
| Labor & Employment Law

Seventh Circuit Issues Excessive Fee Decision In Harris Case

The Seventh Circuit Court of Appeals issued a decision on August 6, 2015, in the case of Jones v. Harris Associates L.P. on remand from the United States Supreme Court. The case was actually remanded to the Circuit Court in…more
| Civil Procedure, Finance & Banking, Securities Law

CodeBroker, LLC Files Additional Challenge to the FCC’s July 2015 Declaratory Ruling and Order

On August 14, 2015, CodeBroker, LLC (“CodeBroker”) filed a petition for review of the FCC’s July 10, 2015 Declaratory Ruling and Order with the United States Court of Appeals for the District of Columbia Circuit…more
| Administrative Law, Civil Procedure, Commercial Law & Contracts, Communications & Media Law, Consumer Protection

PACE and Sirius XM File Statements of Issues in the Appeal of the FCC’s July 2015 Declaratory Ruling and Order

On August 17, 2015, the Professional Association for Customer Engagement, Inc. (“PACE”) and Sirius XM Radio Inc. (“Sirius”) (collectively, the “Petitioners”) filed identical statements of issues (read the PACE statement and the…more
| Civil Procedure, Communications & Media Law, Constitutional Law, Consumer Protection

ACA International Files Statement of Issues in its Appeal of the FCC’s July 2015 Declaratory Ruling and Order

On August 12, 2015, ACA International (“ACA”), one of three petitioners in the consolidated appeal of the FCC’s July 1, 2015 Declaratory Ruling and Order, filed a statement of issues (D.C. Cir. filed Aug. 12, 2015) in its appeal…more
| Communications & Media Law, Constitutional Law, Consumer Protection
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