News & Analysis as of

DirectTV

Will the FTC’s Deception Evidence Fall Short? Court to Rule in DirecTV Case

by Kelley Drye & Warren LLP on

U.S. District Judge Haywood S. Gilliam Jr. said Friday that the court would pause the trial to consider whether the FTC presented sufficient evidence to support its allegations that DirecTV misled consumers by failing to...more

DirecTV and FTC Face Off in Federal Court Over Deceptive Pricing Claims; FTC Seeking $4 Billion in Equitable Relief

by Kelley Drye & Warren LLP on

A bench trial began this week to resolve allegations by the FTC that DirecTV misled millions of consumers about the actual costs of its subscriptions. According to the FTC, DirecTV should be required to pay $3.95 billion...more

Shifting Sands Continue to Undermine Traditional Definitions of Employment

On June 7, 2017, the Wage and Hour Division of the United States Department of Labor withdrew two Administrator’s Interpretations issued during the Obama administration that took a broad view of the employment relationship...more

THE LATEST: Antitrust Umps Throw Out Information Exchanges Relating To LA Dodgers Broadcast Rights

by McDermott Will & Emery on

The Department of Justice (DOJ) reinforces the perils of competitor information exchanges by challenging alleged communications between DirecTV and other video programmers related to broadcast rights for Los Angeles (LA)...more

Fourth Circuit Follows Salinas Decision With Finding of Joint Employment of Satellite TV Installers

As reported in EmployNews, last month in its Salinas decision, the Fourth Circuit Court of Appeals (which includes North Carolina and South Carolina) adopted a new, broader test for determining when two entities are joint...more

Fourth Circuit Articulates New Standard for “Joint Employers”

Until recently, there has been inconsistency as to what constitutes a “joint employer” under the Fair Labor Standards Act (FLSA). Under the FLSA, “joint employment” exists when “employment by one employer is not completely...more

Lack Of Prejudice Results In Limited Sanction Against Defendant

by Jackson Lewis P.C. on

In one of the first cases interpreting newly amended Fed. R. Civ. P. 37, F.T.C. v. DirecTV, Inc., 15-cv-01129-HSG, 2016 U.S. Dist. LEXIS 176873 (N.D. Cal. Dec. 21, 2016), Magistrate Judge Maria Elena James of the Northern...more

DOJ Files Suit Against AT&T Alleging Collusion

Greenberg Glusker Fields Claman & Machtinger LLP, sports & entertainment partner Glen A. Rothstein, was quoted in a Daily Journal article, “DOJ Files Suit Against AT&T Alleging Collusion” The November 3rd article, written by...more

FTC Bureau Director Highlights Continuing Health-Related Enforcement, Homeopathic Guidance, and ROSCA at NAD Conference

by Kelley Drye & Warren LLP on

Jessica Rich, Director of the FTC’s Bureau of Consumer Protection, highlighted the agency’s enforcement priorities at the National Advertising Division’s annual conference earlier this week. Key mentions included the...more

Caution with Hyperlinks and Info-Hovers: Court Denies DIRECTV’S Motion for Partial Summary Judgment

by Kelley Drye & Warren LLP on

Are hyperlinked and hovering disclosures enough to adequately inform consumers about the terms of your offer? Is requiring consumers to click on a button to accept all terms and conditions enough to obtain their informed...more

Bring in the TV Cameras: NLRB and D.C. Circuit Find Employees Airing Grievance in Media is Protected Activity

An employee goes on television and maligns his bosses for a new company policy with half-truths—and his bosses fire him for disloyalty. Sounds justified, right? Wrong. A National Labor Relations Board (NLRB) decision...more

Split D.C. Circuit Panel Upholds NLRB: DirecTV Violated NLRA By Terminating Technicians For Statements Made During A News...

In a 2-1 ruling in DirecTV Inc. v. National Labor Relations Board, the U.S. Court of Appeals for the D.C. Circuit affirmed the NLRB’s ruling that DirecTV must reinstate technicians who were terminated for complaining about a...more

NFL Must Play Good Defense In DirectTV Sunday Ticket Deal Row

Greenberg Glusker entertainment and sports partner Glen A. Rothstein, was quoted in a Law360 article, “NFL Must Play Good Defense In DirectTV Sunday Ticket Deal Row,” (subs. required). The August 18, 2016, article looks at...more

Uber, DirecTV and Beyond

by JAMS on

Much of corporate America is determined to require consumers and employees to arbitrate disputes, including waiving their right to participate in class action lawsuits. ...more

High Court Again Finds a California Court Failed to Place Arbitration Agreements on Equal Footing With Other Contracts

by Littler on

On December 14, 2015, in DirecTV, Inc. v. Imburgia, the U.S. Supreme Court reversed a California State Court of Appeal decision that had invalidated an arbitration provision based on language from the agreement rendering the...more

Supreme Court Airs Re-Run on Class Waivers in DirecTV But Disappoints Again by Declining PAGA Waiver Programming

by Seyfarth Shaw LLP on

As discussed by our Consumer Class Defense Blog, this week’s Supreme Court decision in DirecTV, Inc. v. Imburgia reversed a California Court of Appeal that had applied the California Consumer Legal Remedies Act’s prohibition...more

U.S. Supreme Court Again Reverses California State Court on Arbitration

by Ballard Spahr LLP on

Resolving a split between the California Court of Appeal and the Ninth Circuit concerning the enforceability of the same DirectTV arbitration agreement, the U.S. Supreme Court ruled that the California Court of Appeal’s...more

Supreme Court Reaffirms Arbitration Class-Waivers

by Burr & Forman on

The Supreme Court Monday re-affirmed the enforceability of class-waivers in arbitration agreements. The five-justice majority felt the need to rebuke the California courts for trying to end-run Federal preemption through a...more

The Supreme Court Reaffirms Enforceability of Class Arbitration Waivers, This Time Through the Supremacy Clause of the U.S....

by Foley & Lardner LLP on

In DIRECTV v. Imburgia, the Supreme Court reversed the California Court of Appeal, which held that a contractual class arbitration waiver was unenforceable under California law, even though the arbitration provision at issue...more

Supreme Court Disconnects Plaintiffs’ Attempt to Avoid Class Arbitration Waiver

by BakerHostetler on

In a 6-3 decision yesterday, the Supreme Court in DirecTV, Inc. v. Imburgia, 577 U.S. ___, S. Ct. (2015) reversed a decision of the California Court of Appeals that refused to enforce a class action arbitration waiver on...more

U.S. Supreme Court Rules That Federal Arbitration Act Pre-Empts CA Law Against Class Action Waivers

by Blank Rome LLP on

Action Item: The United States Supreme Court continues to find that federal law strongly favors arbitration clauses. The Supreme Court’s decision in DIRECTV should provide some reassurance to companies that arbitration...more

DIRECTV v. Imburgia: Supreme Court Again Preempts State Law That Barred Waiver of Classwide Arbitration

On December 14, 2015, the United States Supreme Court considered a contract provision preventing classwide arbitration and providing that, “[i]f the law of your state would find this agreement to dispense with class...more

Supreme Court’s DirecTV Decision Makes Odd Bedfellows

SNAP QUIZ-Which type of lawsuit would divide the Supreme Court Justices along the following lines? Justices Breyer, Roberts, Scalia, Kennedy, Alito and Kagan vs. Justice Thomas, Ginsburg and Sotomayor?...more

Supreme Court Confirms Enforceability of Class Action Waivers

by Carlton Fields on

For the second time in four years, the U.S. Supreme Court has overruled a California decision that refused to enforce an arbitration agreement with a class action waiver, holding that the Federal Arbitration Act (FAA) trumps...more

Supreme Court Decides DIRECTV v. Imbrugia

by Faegre Baker Daniels on

On December 14, 2015, the Supreme Court of the United States decided DIRECTV v. Imbrugia, No. 14-462, holding that the Federal Arbitration Act (FAA) preempts a California court’s interpretation of a contract to require...more

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