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Sixth Circuit Finds It Has No Jurisdiction Over Appeal Of Order Compelling Arbitration And Enjoining State Court Proceedings

The Sixth Circuit has dismissed the appeal of an order granting a motion to compel arbitration and to enjoin certain state court proceedings, finding the order was not appealable because the district court stayed the matter...more

Environmental deregulation under President Trump: Business as usual?

The Trump Administration is expected to issue a high-profile executive order that seeks to eliminate a major Obama-era environmental measure, the Clean Power Plan....more

Of Employees and Independent Contractors: The Ninth Circuit to Consider Where Truck Drivers Fall

On February 24, 2017, Senior U.S. District Judge John W. Sedwick in the district of Arizona stayed a proposed class action in Virginia Van Dusen et al v. Swift Transportation Co., Inc. et al, No.: 2:10-cv-00899, against Swift...more

The Final Rule: BICE on Ice? Status of the DOL Fiduciary Rule

With recent developments in all three branches of government bearing on the authority and timing of the new Department of Labor (DOL) final rule expanding the definition of fiduciary “investment advice” (the Final Rule) for...more

A Parallel Universe: Navigating Discovery in Concurrent Civil and Criminal Proceedings

As criminal law has expanded into almost every sector of the American economy, one byproduct is the rise of "parallel proceedings"—lawsuits that proceed concurrently in criminal and civil court based on largely the same...more

Proposed Legislation May Significantly Limit Class Action Litigation in Federal Court

Twelve years after he introduced the Class Action Fairness Act of 2005, Representative Bob Goodlatte (R-VA) has introduced the Fairness in Class Action Litigation Act of 2017 (“the Act”), which would significantly change the...more

"Privacy & Cybersecurity Update - February 2017"

In this edition of our Privacy & Cybersecurity Update, we look at a series of recent court rulings regarding standing in privacy cases, most of which suggest plaintiffs will continue to have a difficult time establishing...more

FCC Stay of Broadband Privacy Rules Foreshadows Deregulatory Measures

As anticipated, the Republican members of the Federal Communications Commission are taking steps to pare down the 2016 Broadband Privacy Order now that they are in the majority. The FCC has released an order staying the data...more

President Trump Curbs Controversial WOTUS Rule

Two days ago, President Trump issued an executive order (Order) that will scale back the U.S. Environmental Protection Agency’s (EPA) and U.S. Army Corps of Engineers’ (Corps) hotly contested “waters of the United States”...more

FCC Chairman Announces Intent to Stay Broadband Data Security Rules

The Federal Communications Commission’s (FCC) Media Relations Office has released a statement announcing Chairman Pai’s intention to stay a data security rule adopted by the Commission late last year in its Broadband Privacy...more

District Court Stays Class Action in Favor of Arbitration

In Zambrana v. Pressler & Pessler LLP, the Southern District Court of New York stayed a putative class action against various creditors for alleged violations of the Fair Debt Collection Practices Act (FDCPA), referring the...more

Big Changes Could Be Coming in Class Action Litigation

On February 10, 2017, U.S. Rep. and House Judiciary Committee Chairman, Bob Goodlatte (R-Va), introduced a new version of his Fairness in Class Action Litigation Act of 2017 (H.R. 985) (the "Act"). The Act, while bearing the...more

District Court Stays Case Pending Inter Partes Review After Non-Petitioning Defendant Agrees to be Bound by Estoppel Provisions

In a previous order, the district court granted a motion to stay pending Inter Partes Review ("IPR") but deferred ruling on the Motion to Stay with respect to EMC Corporation "until EMC Corporation has filed a Notice with the...more

Ninth Circuit Rules Against Reinstatement of Travel Ban

On Feb. 9, 2017, the Court of Appeals for the Ninth Circuit unanimously ruled against the government’s request to reinstate the executive order’s entry ban. As a result, the entry ban will remain suspended until the matter...more

States May Step Into Void Created by Demise of DOL’s Overtime Rule

Since the Department of Labor announced the new overtime rule last May, we have been closely following its rocky implementation in a series of posts. Presently, the rule – which would render an estimated 4 million workers...more

Ninth Circuit Court of Appeals Upholds the Temporary Restraining Order on Enforcement of President Trump’s Jan. 27 Executive Order

On February 9, 2017, the Ninth Circuit Court of Appeals unanimously denied the U.S. Department of Justice’s (“DOJ”)’s emergency motion requesting an administrative stay of the U.S. District Court for the Western District of...more

Update: Praluent® Injunction Stayed by Fed. Circuit

On February 8, the Federal Circuit issued a stay of the permanent injunction granted against the sale of Sanofi and Regeneron’s Praluent® (alirocumab). The injunction was to have become effective on February 21, 2017, but as...more

Ninth Circuit Denies Government’s Motion to Stay District Court’s Order Blocking Travel Ban

In a unanimous opinion, a three-judge panel in the Ninth Circuit Court of Appeals upheld the stay of President Trump’s travel ban. The Court found in favor of the State of Washington on all of its arguments and held that the...more

A Defendant’s Understanding of Infringement Contentions Is Not Enough To Comply With The Patent Local Rules

Order Granting Motion to Strike, Staying Discovery, and Granting Leave to Amend, GeoVector Corporation v. Samsung Electronics Co. Ltd, Case No. 16-cv02463-WHO (Judge William H. Orrick) - Albert Einstein once noted: “Any...more

Clarifying Muddied Waters: Making Sense of President Trump’s January 27 Executive Order

The Immigration Bulletin was created to help our clients adapt to constantly evolving immigration laws, regulations, and policies. To do so, we strive to provide clients access to the latest information. Of course, it’s more...more

Immigration Group News: Trump's Executive Order on the Travel Ban

On Friday, January 27, 2017, President Trump signed an executive order (EO) entitled “Protecting the Nation from Foreign Terrorist Entry into the United States.” This order, which took effect upon signing, halted all refugee...more

The Trump Administration’s Recent Executive Orders on Immigration

This past week, the Trump administration issued three executive orders (“EOs”) on immigration. Certain provisions of these EOs may immediately impact the immigration programs of, and foreign nationals (“FNs”) working for, our...more

The Workplace Implications Of President Trump’s Latest Immigration Executive Order

Late Friday afternoon, President Trump signed a controversial executive order focusing on immigration issues. The executive order, titled “Protecting the Nation from Terrorist Entry into the United States by Foreign...more

A Reprieve from Proposed Regulations Related to Valuation of Family Businesses?

In December, we posted a blog discussing a much anticipated hearing held on the Treasury Department’s issuance of proposed regulations under Section 2704 of the Internal Revenue Code (sometimes referred to as the 2704...more

Federal district court certifies interlocutory appeal in CFPB lawsuit against CashCall

The California federal district court judge who is presiding over the CFPB’s lawsuit against CashCall and several related companies that funded, purchased, serviced, and collected online installment loans has granted the...more

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