Drinker Biddle & Reath LLP

U.S. Department of Education Issues New Guidance on Incentive Compensation Regulations

On Friday, November 27, 2015, the U.S. Department of Education (the “Department”) will publish guidance in the Federal Register regarding its October 29, 2010 changes to the incentive compensation regulations at 34 C.F.R. §…more
| Education

National Grid’s Limited Waiver of Caller Identification Requirements Granted by the FCC

The FCC continues to dispose of pending petitions or requests for waiver of its TCPA rules. One slightly unusual request was the petition filed last February by National Grid USA, Inc. (“National Grid”) requesting a limited…more
| Civil Procedure, Communications & Media Law, Consumer Protection

U.S. International Trade Commission Makes Final Injury Determination On Supercalendered Paper From Canada

On November 18, 2015, the U.S. International Trade Commission (ITC) voted affirmative in connection with its final injury investigation on supercalendered paper from Canada. The ITC commissioners unanimously determined (with…more
| Antitrust & Trade Regulation, Commercial Law & Contracts, International Law & Trade

Pennsylvania Supreme Court Finally Kills Hope That Magic Words Can Substitute for Valuable Consideration in Exchange for Post-Offer Restrictive Covenants

To most practitioners, Pennsylvania law governing the consideration required for an employment agreement containing a restrictive covenant (e.g., a non-competition clause or non-solicitation clause) has been simple: (1) if the…more
| Commercial Law & Contracts, Labor & Employment Law

Federal Court Grants Defendant’s Motion For Partial Summary Judgment

The United States District Court for the Middle District of Florida (J. James D. Whittemore) recently granted LTD Financial Services, L.P.’s motion for partial summary judgment in a TCPA case involving pre-recorded calls…more
| Civil Remedies, Communications & Media Law, Privacy

Beware of the Literal and Hypothetical When Considering Work Rules

National Labor Relations Board activity in the area of work rules, among other areas, has become the new normal. Employers have come to expect that the Board will find a work rule unlawful if the rule, taken literally, could…more
| Labor & Employment Law

SEC Seeks to Bring Down Ponzi Scheme Selling Life Settlements

On November 10, 2015, the Securities and Exchange Commission (“SEC”) filed a complaint in the Northern District of Georgia against James Torchia and the companies under his control alleging that Torchia is running a Ponzi scheme…more
| Commercial Law & Contracts, Securities Law

“Socially Responsible” Investing Under ERISA: New DOL Guidance

Fiduciary concerns may have prevented plan committees from considering “economically targeted investments” (ETI) – such as investments that observe environmental, social or governance responsibility (ESG) standards – as…more
| Finance & Banking, Labor & Employment Law

With Presidential Notice and Release of Final Text, Congress’ Extensive Review of the Trans-Pacific Partnership Agreement Begins

On Thursday, November 5, the much-anticipated final text of the Trans-Pacific Partnership (TPP) was released by the office of the United States Trade Representative (USTR). Soon thereafter, the White House released an official…more
| Commercial Law & Contracts, International Law & Trade

Standards of Proof in Employment Wage and Hour Class Actions Remain a Hot Topic for U.S. Supreme Court

Last week the United States Supreme Court heard oral arguments in a donning and doffing class and collective action against Tyson Foods, Inc. (see full transcript of oral argument here) that has the potential to dramatically…more
| Civil Procedure, Labor & Employment Law

Supreme Court Hears Oral Argument in Tyson Foods, Inc. v. Bouaphakeo

On Tuesday the Supreme Court heard oral argument in Tyson Foods, Inc. v. Bouaphakeo, which concerns (among other things) whether courts can certify classes that are defined in a way that would include people who do not have…more
| Civil Procedure, Constitutional Law, Labor & Employment Law

2015 Elections — Roundup of Employment-Related Ballot Initiatives

Local governments or voters often pass statutes or ordinances on employment-related subjects that require employers to ensure that their policies are compliant not just on a state-by-state basis, but even on a city-by-city or…more
| Civil Rights, Labor & Employment Law

Tennesse Court Upholds Public Policy Against Wagering in STOLI Context

Litigation concerning stranger-originated life insurance (“STOLI”) continues to unfold in state and federal courts across the country. Among other issues, STOLI-related lawsuits often involve disputes concerning the…more
| Civil Procedure, Commercial Law & Contracts, Insurance

Supreme Court Hears Oral Argument in Spokeo, Inc. v. Robins

Earlier this week the Supreme Court heard oral argument in Spokeo, Inc. v. Robins, which concerns whether Congress can confer Article III standing on a plaintiff who alleges a violation of a statute (i.e., an injury in law) but…more
| Civil Procedure, Constitutional Law, Labor & Employment Law

Why Everyone Is Upset About The Third Circuit’s Recent TCPA Decisions … And A Few Reasons Why They Shouldn’t Be: Part II

This is the second of two posts discussing the Third Circuit’s recent TCPA decisions. This one, Dominguez v. Yahoo, Inc., No. 14-1751 (3d Cir.), concerns the proper interpretation of the term “automatic telephone dialing system”…more
| Civil Procedure, Civil Remedies, Communications & Media Law, Consumer Protection, Privacy
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