On November 22, industry groups filed in the D.C. Circuit five petitions for review of the Environmental Protection Agency’s (EPA) final amendments to new source performance standards (NSPS) governing the oil and natural gas…more
Arbitration is quickly becoming a major vehicle to resolve individual employee disputes. Now another obstacle to enforcing those arbitration agreements and class action waivers may have been removed.
If the uncertainty that the Supreme Court’s Actavis decision injected into the world of reverse-payment settlement litigation wasn’t enough to get your attention, then the FTC’s recent effort to obtain disgorgement from Cephalon…more
It was the ad video gone viral of three young girls proudly showing off their elaborate Rube Goldberg machine made of repurposed pink toys. They sang “it’s time to change, we deserve to see a range” and called for girls “to code…more
On November 29, 2013, the Cayman Islands and the U.S. Signed a FATCA IGA. The Cayman Islands IGA is a Model 1B agreement, meaning that FFIs in the Cayman Islands will be required to report tax information about U.S. account…more
Last week, the Texas Supreme Court agreed to hear a suit that could determine whether landowners in the state have a cause of action for trespass when water from underground injection wells migrates onto their property. The…more
The Third Circuit recently held that claims purchased from trade creditors by a claims trader will be disallowed under section 502(d) of the Bankruptcy Code when the seller of the claim received, and did not repay, a preference…more
The District of Nevada recently allowed Plaintiff’s counsel to solicit potential collective action members on Facebook and Twitter. In Gamble v. Boyd Gaming Corp., D. Nev., No. 2:13-cv-01009-JCM-PAL (Nov. 20, 2013), the…more
As we previously reported, the United States Court of Appeals for the D.C. Circuit in Noel Canning v. NLRB, 705 F.3d 490 (D.C. Cir. 2013) struck down President Barack Obama’s “recess appointments” of three members of the…more
On November 15, Judge Chin of the Southern District of New York issued a long-awaited decision in the Google Books case, Authors Guild, Inc. v. Google Inc. Google Books — the project through which Google provides access to over…more
A bill introduced on Thursday, November 21 in the Senate by Bernie Sanders, I-Vt., and in the House of Representatives by Keith Ellison, D-Minn., is designed to remove an estimated $110 billion in existing tax subsidies for the…more
On November 20, 2013, the U.S. House of Representatives passed H.R. 1965 (“Federal Lands Jobs and Energy Security Act”) by a vote of 228 to 192. H.R. 1965 is primarily aimed at accelerating the oil and gas permitting process…more
On November 15th, the U.S. Supreme Court granted certiorari in the Halliburton case… again. While the Court’s original Halliburton decision concerned whether loss causation needs to be shown at the class certification stage (it…more
On November 20, 2013, the House passed Protecting States’ Rights to Promote American Energy Security Act (H.R. 2728), giving state law primacy over federal regulation of hydraulic fracturing. The key provisions of the bill are…more
In a number of cases, the plaintiffs’ strategy in collective active litigation under the Fair Labor Standards Act may fall into a familiar pattern: file the case, do minimal discovery, move for conditional certification under…more
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