News & Analysis as of

Preliminary Injunctions

Court Finds That Breach Of Fiduciary Duty Claims Is Preempted By Trade Secrets Claim

by Winstead PC on

In Super Starr Int’l, LLC v. Fresh Tex Produce, LLC, a Texas entity that distributes produce throughout the United States filed suit against another Texas entity that imports foreign grown produce into the United States and...more

DOL back at it: FLSA ‘white collar’ exemption salary threshold likely to increase

by McAfee & Taft on

Last year was a busy year for employers. Many conducted internal audits and went through intense planning to comply with new U.S. Department of Labor overtime regulations that were to take effect December 1, 2016. Those 2016...more

Financial Services Weekly News - July 2017 #2

by Goodwin on

Editor's Note - In This Issue. After making a splash with the finalized version of its Arbitration Rule, the Consumer Financial Protection Bureau (CFPB) proposed temporary adjustments to the reporting requirements for...more

Meow- Copycat Fur and Bows - Forever 21 Stares Down Puma

by Knobbe Martens on

As discussed in our previous blog post Puma Treads New Territory Hitting Forever 21 with Copyright Allegations after the Supreme Court’s Star Athletica Decision, Puma sued Forever 21 for design patent infringement, trade...more

Fresh From the Bench: Precedential Patent Cases From the Federal Circuit

The Circuit issued a single precedential patent decision this week – the Genband v. Metaswitch case where the Circuit vacated the denial of a motion for preliminary injunction out of concern that the district court applied...more

Hawaii Court Enjoins Trump Travel Ban For Excluding Non-Immediate Family Members of US Persons and DHS-Approved Refugees

by Genova Burns LLC on

In June the Supreme Court enforced temporarily President Trump’s travel ban to the extent it excludes persons without a “bona fide relationship” to a person or entity in the U.S. The Court expressly identified wives and...more

Amgen Withdraws Its Motion For Preliminary Injunction Against Hospira

by Goodwin on

On July 12, 2017, Amgen filed a Notice of Withdrawal of its Motion for Preliminary Injunction. As we previously reported, Amgen had filed an amended opening brief in support of its motion for preliminary injunction because of...more

Massachusetts AG Obtains Preliminary Injunction Against Debt Collection Law Firm Over Illegal Practices

by Goodwin on

On July 13, 2017, the Massachusetts Attorney General’s Office (“Massachusetts AG”) announced? that it obtained a preliminary injunction against a debt collection law firm and its principal attorney. The Massachusetts AG...more

What Ever Happened to the Department of Labor’s New Overtime Rule?

by Foley & Lardner LLP on

As our readers may recall, last year we devoted a good amount of time addressing the Department of Labor’s (DOL) final rule on overtime exemptions. Under that rule, which was supposed to go into effect on December 1, 2016,...more

Hospira Opposes Amgen’s PI Motion in Amgen v. Hospira

by Goodwin on

On July 6, 2017, Hospira filed a publically available redacted version of its brief responding to Amgen’s motion for a preliminary injunction (PI). As we previously reported, following the Supreme Court’s decision in Sandoz...more

The Implementation of Travel Ban 2.0: What Now?

By now, most of you have heard that the United States Supreme Court ruled to reinstate President Trump’s revised travel ban in part. But what does this really mean?...more

Overtime Update: DOL Signals Changes to the FLSA and White Collar Exemptions may be Coming Soon

For the past few years, HR legalist has been following the Department of Labor’s proposed overtime rule, which would have roughly doubled the salary threshold under which employees are guaranteed overtime pay, and made...more

In the Latest Episode of The Overtime Rule Soap Opera: DOL Tells Fifth Circuit It Will Revise Obama-Era Overtime Rule – But Not...

Last week, lawyers for the federal government told an appeals court that the Department of Labor plans to revise the currently-blocked overtime rule issued during the Obama administration last year.   But it won’t do so, it...more

How the Supreme Court's Travel Ban Order Will Impact Businesses

by McNair Law Firm, P.A. on

The United States Supreme Court recently stayed portions of two (2) U.S. Circuit Court opinions and allowed parts of President Trump’s travel ban to go into effect. Foreign nationals from Iran, Libya, Somalia, Sudan, Syria,...more

Beverage Tax Wars Continue as Parties Head Back to Court for a Preliminary Injunction Hearing on the Cook County, Illinois Tax

by McDermott Will & Emery on

A legal challenge to Cook County Illinois Sweetened Beverage Tax (Tax) heads back to circuit court today for a hearing on the plaintiffs’ motion for preliminary injunction. On June 30, Circuit Judge Daniel Kubasiak issued a...more

No Damages for Plaintiff Since Dry Cleaner Agreed to Hang Up Trademark Use

by McDermott Will & Emery on

The US Court of Appeals for the Eighth Circuit affirmed a permanent injunction enjoining a dry cleaner franchisee from using plaintiff’s trademarks but explained that plaintiff was not entitled to punitive damages, costs or...more

Court Rules Decisively in Battle Between eDiscovery Providers Over Hired Sales Agents: eDiscovery Case Law

by CloudNine on

In a lawsuit filed by DTI against LDiscovery and four former sales agents of DTI who were hired by LDiscovery, claiming they misappropriated trade secrets, interfered with client relationships and breached their contracts, an...more

Finally Briefed: Appellate Experts’ Perspective on the Fully Briefed 5th Circuit EAP Exemption Appeal

by Seyfarth Shaw LLP on

Seyfarth Synopsis: On June 30, the Department of Labor filed its reply brief to support its appeal from a preliminary injunction that enjoined the DOL from implementing its 2016 revisions to the salary-level tests for...more

DOL Brief in Overtime Rules Case Leaves New Uncertainty

by Franczek Radelet P.C. on

On June 30, the U.S. Department of Labor filed its long-awaited brief announcing the new administration’s position on the ongoing litigation over the FLSA overtime exemption rules published last May. As readers may recall,...more

FTC Temporarily Halts Proposed DraftKings-FanDuel Merger

On June 20, 2017, the United States District Court for the District of Columbia issued a temporary restraining order blocking the daily fantasy sports (DFS) companies DraftKings and FanDuel from consummating their proposed...more

Travel Ban Ruling by the Supreme Court: FAQ and Guidance for International Students, Professors and Academic Institutions

by Baker Donelson on

On June 26, the U.S. Supreme Court decided to partially lift two injunctions that had been preventing implementation of President Trump's travel ban Executive Order (EO). Specifically, the Supreme Court ruled that the EO may...more

Procure and Enforce—Canada's Highest Court Hands IP Owners Two Wins in Three Days

by Bennett Jones LLP on

The Supreme Court of Canada has issued two IP decisions in the span of three days—both of which spell victory for IP rights-holders. One case confirms the availability of a novel form of worldwide injunction where a non-party...more

Last Stop: SCOTUS Reviews The Immigration Ban

President Trump’s Second Executive Order acted to limit the entry of foreign nationals and refugees into the United States. Thereafter, the Fourth and Ninth Circuits granted preliminary injunctions barring the enforcement of...more

SCOTUS Lifts Injunctions Against Trump Travel Ban for Aliens Unable to Establish Bona Fide Relationship with a U.S. Person or...

by Genova Burns LLC on

On June 26, the Supreme Court granted the Trump Administration’s petitions for certiorari and agreed to review next term the Fourth and Ninth Circuits’ decisions that affirmed broad injunctions against enforcement of the...more

Labor Department Plans to Revise “White Collar” Overtime Rule

by Benesch on

The U.S. Department of Labor (“DOL”) plans to revise its pending overtime rule, which would have more than doubled the minimum annual salary for workers in “white collar” executive, administrative and professional positions...more

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