Injunctive Relief

News & Analysis as of

Community Banks Should Be Wary of ADA Claims

A number of community banks have recently received an unpleasant delivery: a demand letter from a law firm stating the bank is not in compliance with the Americans with Disabilities Act (the ADA) and suggesting a proposed...more

Food for Thought: A Review of 2016 Litigation

Food for Thought is a review of significant court decisions affecting the food, beverage, dietary supplements and personal care products industry. Although many cases in this edition focus on class certification, others...more

CFPB/NY AG lawsuit against RD Legal Funding may signal greater scrutiny of non-loan financial products such as merchant cash...

The CFPB and the New York Attorney General this week filed an action against RD Legal Funding, LLC, two of its affiliates, and their principal (collectively, “RD”), alleging that a litigation settlement advance product...more

Analyzing President Trump's Executive Order on Immigration - What it means for you, your business and your employees

On Friday, January 27, 2017, President Donald Trump issued an executive order entitled “Protecting the Nation from Foreign Terrorist Entry into the United States” that significantly changes U.S. immigration policy for at...more

Advertising Litigation Report: Vol. 2, No. 1

Lanham Act False Advertising - Lanham Act Liability for Native Advertising Violations - Casper Sleep, Inc. v. Mitcham, --- F. Supp. 3d ---, No. 16 Civ. 3224 (JSR), 2016 WL 4574388 (S.D.N.Y. Sept. 1, 2016)...more

California’s High Court Gives Insurance Regulators New Tools To Broaden Authority

Nearly two years ago, a California appellate court invalidated a rule promulgated by the state’s Insurance Commissioner, on the ground that the regulator lacks authority to prohibit “deceptive acts or practices” which are not...more

Texas Supreme Court Accepts A Case Dealing With A No-Contest Clause

In Ard v. Hudson, a beneficiary sued testamentary trustees and executors for breach of fiduciary duty and also sought an accounting, temporary injunctive relief, and a receiver. No. 02-13-00198-CV, 2015 Tex. App. LEXIS 8727...more

Uncle Sam Wants You! (to Provide Employee Compensation Data)

A new lawsuit filed by the U.S. Department of Labor (DOL) demonstrates how dogged the government can be in trying to obtain and review employers’ compensation data. The lawsuit, filed against Google with the DOL’s Office of...more

Case Halted: California Court Denies Class Certification in Ford Defective Steering Case

On December 22, 2016, a federal District Court Judge in the Northern District of California denied certification of three proposed classes of statewide consumers who purchased or leased certain Ford Fusion or Ford Focus...more

Headed for Overtime? Trump Administration Will Decide Fate of New Time-and-a-Half Rule

If you're an employee and you work more than 40 hours a week, you typically have the right to receive time-and-a-half overtime pay for those extra hours....more

Supreme Court to Review SEC Enforcement Limitations

On Friday, January 13, the Supreme Court granted certiorari to resolve a Circuit split on the extent to which SEC enforcement actions are restricted by the five-year statute of limitations in 28 U.S.C. § 2462. Section...more

Ostensible Agency, Hold the Class Certification: Would You Like Franchise With That?

It’s a common business model in the fast-food industry: a massive restaurant company provides the menu, the marketing—including catchy slogans and a universally recognized logo—and the basic operational standards for the...more

Canadian IP law and practice in 2016: reviewing the highlights

As the calendar turns the page from 2016 to 2017, we take the opportunity to review Canadian IP law and practice highlights from the past year....more

EEOC Sues Marquez Brothers For Hispanic-Preference Hiring

Non-Hispanic Applicants Turned Away From Entry-Level Positions, Federal Agency Charges - FRESNO, Calif. - Marquez Brothers International, Inc. and its affiliates violated federal law when they failed to hire non-Hispanic...more

[Event] Recent Developments in EU Antitrust Enforcement - Jan. 17th, Silicon Valley - Jan. 18th, San Francisco - Jan. 19th, Los...

This seminar will address key antitrust and competition issues affecting the European market now....more

Kevothermal, LLC to Pay $60,000 to Settle EEOC Equal Pay and National Origin Discrimination Lawsuit

Female Paid Less Than Male Co-Worker For Doing Similar Work and Told Not to Speak Spanish on Production Floor Though It Was Part of Her Job - Albuquerque, NM- - The U.S. Equal Employment Opportunity Commission (EEOC)...more

Lawsuit filed to set aside IRS Notice 2016-66

Two months ago, without any prior warning or public notice, the IRS issued Notice 2016-66 which defined a number of common captive insurance transactions as “transactions of interest.” The Notice is limited to captive...more

Failure To Seek Preliminary Injunctive Relief Supports Motion To Dismiss And Renders Appeal Academic

On December 21, 2016, the Appellate Division, Second Department, rendered yet another decision whereby an appeal was dismissed “as academic” on the grounds that during the pendency of the appeal, the land use development...more

AMGEN Files Supplemental Brief in Sandoz v. AMGEN

On Tuesday, Amgen filed its supplemental brief opposing Sandoz’s petition for writ and responding to the Solicitor General’s brief, which we discussed here. In sum, the Solicitor General sided with Sandoz, stating...more

How Big Retailers Can Avoid Newest Wave of Deceptive Price Advertising Lawsuits

Los Angeles City Attorney Mike Feuer last week announced the filing of four lawsuits against some of the largest retailers in the United States, accusing them of misleading customers by advertising a “sales price” alongside...more

Capital Restaurant Concepts, Ltd., d/b/a Paolo’s GT-LLC Sued By EEOC For Sex Discrimination

Agency Alleges That Teenage Employee Was Harassed Because Of His Sexual Orientation - Washington- Capital Restaurant Concepts, Ltd., d/b/a Paolo's GT-LLC, a District of Columbia corporation, violated federal law by...more

EEOC Sues Hiatt & Mason Enterprises For Racial Harassment

Black Employee Subjected to Racial Epithets Almost Daily, Federal Agency Charges - MOUNT AIRY, N.C. - Hiatt & Mason Enterprises, Inc., a structural steel erection services company, violated federal law when it subjected...more

Update on Second Circuit Ruling in Church & Dwight v. SPD Swiss Precision Diagnostics “Weeks Estimator” Home Pregnancy Test...

Last month we summarized the Second Circuit’s important decision in a dispute between plaintiff-appellee Church & Dwight and its principal competitor, defendant-appellant SPD Swiss Precision Diagnostics, concerning SPD’s...more

International Harmonization of Trade Secret Rights and Remedies

In a recently unprecedented bipartisan effort the United States enacted the Defend Trade Secrets Act (DTSA) on May 11, 2016. What many in the US do not know is that less than 30 days later the EU passed European Union...more

Pipeline Opponents Face Significant Obstacles in Securing Injunctive Relief

With the federal government recently approving major pipeline projects, it is expected that environmental and other special interest or lobbying groups will commence actions in an attempt to prevent or delay those projects...more

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