The Antitrust Division of the U.S. Department of Justice (DOJ) on March 28, 2024, weighed in for the third time in recent months in support of plaintiffs in class action lawsuits challenging the defendants' use of software to...more
4/25/2024
/ Algorithms ,
Anti-Competitive ,
Antitrust Division ,
Caesars ,
Casinos ,
Class Action ,
Conspiracies ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Hotels ,
Popular ,
Pricing ,
Proposed Legislation ,
Rental Property ,
Rental Rates ,
Sherman Act
In an opinion issued in Smith v. Rockwell Automation, Inc., et al., No. 19-C-0505 (E.D. Wis.) on Feb. 10, 2020, U.S. District Judge Lynn Adelman denied Rockwell Automation's motion to dismiss a putative class action complaint...more
• The U.S. Court of Appeals for the Ninth Circuit's recent decision in Munro v. University of Southern California concluded that an arbitration provision in individual employment contracts could not be used to compel...more
7/31/2018
/ Appeals ,
Arbitration ,
Arbitration Agreements ,
Breach of Duty ,
Class Action ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Employment Contract ,
Employment Litigation ,
Fiduciary Duty ,
Mandatory Arbitration ,
Mismanagement ,
Plan Documents ,
Retirement Funds ,
Section 409A
• Although the Supreme Court's recent decision in Epic Systems Corp. v. Lewis was not a case under the Employee Retirement Income Security Act of 1974 (ERISA), the Court's analysis indicates that it would likely reject an...more
5/24/2018
/ Arbitration ,
Arbitration Agreements ,
Class Action Arbitration Waivers ,
Employee Retirement Income Security Act (ERISA) ,
Epic Systems Corp v Lewis ,
ESOP ,
Federal Arbitration Act ,
NLRA ,
NLRB ,
Remand ,
Reversal ,
Savings Clause ,
SCOTUS
On Sept. 1, 2016, the U.S. District Court for the Northern District of Illinois issued its decision in the Antioch employee stock ownership plan (ESOP) fiduciary litigation. The court held that the Antioch Board of Directors...more
9/9/2016
/ Breach of Duty ,
Buy-Out Agreements ,
Closely Held Businesses ,
Corporate Counsel ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
ESOP ,
Fiduciary Duty ,
Section 404 ,
Stocks ,
Trustees
On December 1, 2014, the Supreme Court heard oral argument in Perez v. Mortgage Bankers Association and Nickols v. Mortgage Bankers Association to address whether a federal agency must engage in notice-and-comment rulemaking...more
12/3/2014
/ Administrative Procedure Act ,
Department of Labor (DOL) ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Mortgage Bankers Association ,
Mortgage Loan Officer ,
Notice and Comment ,
Oral Argument ,
Paralyzed Veterans Doctrine ,
Petition for Writ of Certiorari ,
Rulemaking Process ,
SCOTUS ,
Wage and Hour
The D.C. Circuit Court of Appeals recently dismissed petitions brought by the City of Jersey City, NJ, and various environmental organizations challenging the Federal Energy Regulatory Commission's ("FERC") order granting a...more
A panel of the D.C. Circuit vacated EPA's Summit Directive--a directive which, in response to an unfavorable decision, imposed different regulatory requirements in one region of the country than those in force elsewhere. ...more
6/6/2014
This week, a unanimous three-judge panel of the D.C. Circuit held that the EPA reasonably denied a petition to initiate rulemaking that would have considered whether to include coal mines on the list of stationary air...more