Savings Clause

News & Analysis as of

Usury Savings Clauses No Longer Save Lenders

Commercial lenders in Rhode Island may no longer rely upon a Usury Savings Clause in loan documents. Most commercial loan documents contain such a clause, which usually states that any payments made by a borrower in excess...more

Seventh Circuit Holds TCPA Does Not Preempt State Law Banning Robocalls

On November 21, the U.S. Court of Appeals for the Seventh Circuit held that the federal Telephone Consumer Protection Act (TCPA) does not preempt an Indiana statute that bans most robocalls without exempting calls that are...more

Fifth Circuit Permits Class Action Waivers In Arbitration Agreements

The Fifth Circuit Court of Appeals recently handed a victory to employers in D.R. Horton, Inc. v. National Labor Relations Board, 12-60031, 2013 W.L. 6231617 (5th Cir. Dec. 3, 2013), reversing an Order of the National Labor...more

“Savings Clause” Still Threatens ERISA Plan Limitations

In Kentucky Association of Health Plans v. Miller, 538 U.S. 329 (2003), the United States Supreme Court restructured the ERISA preemption analysis and reaffirmed the holding in Unum Life Ins. Co. v. Ward, 526 U.S. 358 (1999),...more

Appellate Law -- Aug 06, 2013

In an opinion issued late last week, the California Supreme Court interpreted the Unfair Competition Law, Cal. Bus. & Prof. Code § 17200 et seq. (the “UCL”), to allow a UCL unlawfulness claim based on a “borrowed” federal...more

Class Action Waivers and the Arbitrability of Antitrust Claims—Charting the Likely Ramifications of AMEX III

I. Introduction - There has been much debate concerning the scope of the Supreme Court’s recent decision in AT&T Mobility LLC v. Concepcion, and the enforcement of collective arbitration waivers — also called “class...more

Social Media Policies And The NLRB: What Employers Need To Know

Social media policies. Chances are your company has one, is in the process of drafting one, or is worried about not having one. Employees continue to gripe about their jobs and their bosses on Facebook, as states like...more

Vitro Update: “Savings Clause” Fails to Save Vitro Subsidiaries From Involuntary Bankruptcy

Shortly after the U.S. Court of Appeals for the Fifth Circuit refused to enforce Vitro SAB’s Mexican plan of reorganization in the United States (covered here), Judge Harlin D. Hale of the U.S. Bankruptcy Court for the...more

Check Your Arbitration Agreements After New Washington Supreme Court Case

A recent Washington Supreme Court case, Gandee v. LDL Freedom Enterprises, Inc., No. 87674-6 (Feb. 7, 2013), provides important insights into how Washington courts approach the enforceability of arbitration agreements in the...more

Blue Penciling - Hope for Unreasonable or Overbroad Non-Competes

Originally published in The Corporate Counselor - December 2012. Covenants not to compete are fairly common in employment agreements, especially where an employee may have access to confidential information or possess...more

Social Media Policies under Attack by the NLRB

In its first-ever decision on an employer's social media policy, the National Labor Relations Board (NLRB) has found Costco Wholesale Corp.'s policy to be overly broad and unenforceable in the case Costco Wholesale...more

Employment and Labor Law Alert: NLRB Strikes Down Many Common Employment and Social Media Policies.

On Tuesday, just weeks after the National Labor Relations Board issued its first decision on an employer's social media policy in Costco Wholesale Corp., an administrative law judge joined in the Board's efforts to scrutinize...more

NLRB Rejects Costco’s Social Media Policy

NLRB Rejects Costco Social Media Policy–Sends a Message to Employers On September 18, 2012, the National Labor Relations Board issued its first formal decision on an employer’s social media policy. The NLRB rejected...more

NLRB to Costco: Your Social Media Policy Needs a Do-Over

There is no denying that the NLRB has recently devoted significant attention to employee’s use of social media. Since August 2011, the Board’s Acting General Counsel, Lafe Solomon, issued three reports outlining his view of...more

NLRB Strikes Down Overbroad Rules, Nixes Social Media Policy

A recent decision from the NLRB illustrates the importance of carefully reviewing your work rules and policies to assure that the mere maintenance of a rule does not end up being an unfair labor practice. In Costco Wholesale...more

NLRB Mandates Wholesale Changes to Costco's Social Media Policy

There is no denying that the NLRB has recently devoted significant attention to employee’s use of social media. Since August 2011, the Board's Acting General Counsel, Lafe Solomon, issued three reports outlining his view of...more

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