In That Case: Securities and Exchange Commission v. Jarkesy
The Justice Insiders Podcast: Jarkesy’s Implications for the Administrative State
5 Key Takeaways | ITC Litigation and Enforcement Conference
Recent Trends in Article III Standing - The Consumer Finance Podcast
AGG Talks: Background Screening - A Refresher on Responding to Consumer File Requests under Section 609 of the FCRA
#WorkforceWednesday: SCOTUS in Review, Biden Acts to Limit Non-Competes, NY HERO Act Model Safety Plans - Employment Law This Week®
SCOTUS Watch: The ACA and Key Health Law Areas Justice Barrett Could Impact - Diagnosing Health Care Podcast
Podcast: Texas v. United States of America
Polsinelli Podcasts - Supreme Court Closes Gap on Bankruptcy Issue
Suppose that your nemesis has a legal beef with you, and you learn that the law allows him to appoint one of his employees to judge the case. Shocked? You should be. Yet federal agency adjudication works the same way. How...more
Post-TransUnion, A Closer Examination of Threshold for Article III Standing- Class action trials are rare. The potential magnitude of an adverse verdict, even when improbable, makes the risks of trial unpalatable for...more
Seyfarth Synopsis: On June 25, 2021, the U.S. Supreme Court issued its pivotal ruling in TransUnion LLC v. Ramirez (“TransUnion”). As reported here...more
In a setback to the SEC’s and other federal agencies’ use of administrative law judges (“ALJs”) to conduct in-house enforcement proceedings, the U.S. Supreme Court recently issued a unanimous decision in Axon Enterprise, Inc....more
The Supreme Court’s June 2021 decision in TransUnion LLC v. Ramirez led many to believe that data breach plaintiffs were going to have a difficult time establishing standing. After all, the Court suggested that exposure to...more
On June 25, the Supreme Court held in a 5-4 decision that Article III prohibits certification of a class and a damages award where the majority of class members lack actual injury. In TransUnion v. Ramirez, the Ninth Circuit...more
UNITED STATES - Regulatory—Policy, Best Practices, and Standards - President Biden Issues Cybersecurity Executive Order - On May 12, 2021, President Biden issued an executive order that placed new standards on the...more
It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more
The Federal Trade Commission (FTC) continues to put emphasis on the importance of corporate board involvement in privacy and data security. Corporate Boards: Don’t Underestimate Your Role in Data Security Oversight - The...more
On December 16, 2019, the Supreme Court denied DISH Network’s petition for certiorari seeking to overturn a $61 million judgment for Telephone Consumer Protection Act (“TCPA”) violations based on telemarking calls made to...more
This quarter’s issue includes summaries and associated court opinions of selected cases principally decided between December 2018 and February 2019....more
Going Deep on the California Consumer Privacy Act - The California Consumer Privacy Act (CCPA) has been called the beginning of America’s GDPR. As the most comprehensive privacy law in the United States, entities doing...more
The U.S. Supreme Court on Monday denied the petition for certiorari seeking review of the U.S. Court of Appeals for the Ninth Circuit's most recent decision in Spokeo v. Robins (Spokeo II), foregoing an opportunity to clarify...more
Action Item: On remand from the United States Supreme Court, the United States Court of Appeals for the Ninth Circuit held that a consumer’s allegations that the operator of a website reported inaccurate information about him...more
This year’s Supreme Court term may be more memorable for the intrigue and political drama taking place outside the Court than the import of the decisions the Court issued. On April 10, 2017, Judge Neil Gorsuch of the Tenth...more
We are pleased to share BakerHostetler’s 2016 Class Action Year-End Review, which offers a summary of key developments in class action litigation during the past year. Class action litigation moved to the forefront of the...more
Seyfarth Synopsis: A bankruptcy court overseeing an employer’s Chapter 11 bankruptcy proceeding allowed the employer to pay certain unsecured creditors before paying Worker Adjustment And Retraining Notification Act (“WARN”)...more
A Smooth Patch in a Rough Road? Governmental Transition and Intellectual Property - Whenever a new Congress convenes, some IP issues come to the fore while others take a back seat. Transition to a new administration in the...more
Following the Supreme Court’s ruling in Spokeo, Inc. v. Robins, 136 S. Ct. 1540 (U.S. May 16, 2016), it is clear that “Article III standing requires a concrete injury even in the context of a statutory violation,” such that a...more
On May 16, 2016, the U.S. Supreme Court issued an opinion in the closely watched case Spokeo, Inc. v. Thomas Robins et al., addressing the issue of standing under the Fair Credit Reporting Act (FCRA). The Court held that in...more
Last week, decisions by the United States Supreme Court and the Northern District of Georgia provided further guidance regarding the narrow path required for a class action plaintiff to successfully establish Article III...more
Following the Seventh Circuit’s recent decision in Lewert v. P.F. Chang’s China Bistro Inc., 2016 U.S. App. LEXIS 6766 (7th Cir. Ill. Apr. 14, 2016), many commentators quickly pronounced the Seventh Circuit fertile territory...more
On May 16, 2016, the U.S. Supreme Court issued its long-awaited opinion in Spokeo, Inc. v. Robins, a case raising the procedural question whether any and all violations of a federal statute are sufficient for a plaintiff to...more
In Spokeo v. Robins, the U.S. Supreme Court (6-2) reversed the Ninth Circuit’s holding that an alleged violation of the Fair Credit Reporting Act was sufficient by itself to create a case or controversy required for a...more
While the sudden death of Supreme Court Justice Antonin Scalia creates an immediate vacancy on the bench, it also likely will leave the high court’s docket in limbo on number of key consumer class actions awaiting the Court’s...more