Montway LLC is an Illinois-based leading automotive-transport broker that assists customers with transporting their vehicles across the country to alleviate them of the burden of driving those vehicles themselves....more
The plaintiff, BDO USA, P.C. is an accounting and professional services advisory firm. The defendants are Ankura Consulting Group, LLC, Ankura’s CEO Kevin Lavin, and Phuoc Vin Phan....more
The plaintiff National Recovery Agency Group, LLC (NRA) is a debt-collection firm that maintains large volumes of personally identifiable information (PII) of individual debtors....more
Wu-Tang Clan produced a single physical copy of the album “Once Upon a Time in Shaolin,” which was never publicly released. In 2015, Martin Shkreli purchased the album....more
The plaintiff, John Snyder, worked for a life insurance company from December 2006 to August 2016....more
Dr. David Spiegel, a Yale University professor, developed a new approach to targeted protein degradation using MODA technology (bi-functional synthetic molecules for degrading extracellular proteins)....more
The court held that the statute of limitations began to run from the date when a former employee produced confidential company financial during discovery in an unrelated matter, and not from the earlier date when the former...more
This case is an important reminder that in trade secrets litigation, the specific business context is critically important and may be outcome determinative. Here, a closely held business was held to a much more lenient...more
7/29/2025
/ Business Disputes ,
Business Entities ,
Business Litigation ,
Business Ownership ,
Damages ,
Fiduciary Duty ,
Injunctions ,
Investors ,
Limited Liability Company (LLC) ,
Preliminary Injunctions ,
Trade Secrets ,
Unfair Competition
Trade secrets, noncompetes, and other restrictive covenants continued to make headlines in 2024. Most notably, the Federal Trade Commission (FTC) published a final rule imposing a near total ban on employee noncompetes that...more
This month in Pettiford v. Branded Management Group, LLC, the Massachusetts Appeals Court took a novel approach to vicarious liability, holding that the failure of a restaurant’s employees to stop the allegedly racist actions...more
It is common practice for companies to utilize agreements requiring arbitration on an individual basis to avoid or limit the risk, burden, and expense of class and collective actions. However, an exemption in Section 1 of the...more
ArentFox Schiff's annual review of significant developments and trends that shaped class action litigation in 2023 has major implications for companies across the country.
From labor and employment disputes to landmark...more
3/22/2024
/ Arbitration ,
Arbitration Agreements ,
Biometric Information ,
Biometric Information Privacy Act ,
California ,
CIPA ,
Class Action ,
Cybersecurity ,
Data Protection ,
Electronic Communications ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Federal Arbitration Act ,
Foreign Commerce ,
Illinois ,
Interstate Commerce ,
Logistics ,
Privacy Acts ,
State and Local Government ,
State Privacy Laws ,
Technology Sector ,
Wiretapping
2023 was a banner year for trade secrets, non-competes, and other restrictive covenants. Employee non-competes continued to garner attention at the federal agency level, drawing commentary and action from the Federal Trade...more
3/13/2024
/ Competition ,
Confidential Information ,
Contract Terms ,
Cybersecurity ,
Damages ,
Department of Justice (DOJ) ,
Employment Contract ,
Enforcement ,
Federal Labor Laws ,
Federal Trade Commission (FTC) ,
Former Employee ,
Intellectual Property Protection ,
New Legislation ,
NLRA ,
NLRB ,
Non-Compete Agreements ,
Restrictive Covenants ,
State Labor Laws ,
Trade Secrets
On February 21, the US Supreme Court will hear oral arguments in Warner Chappell Music, Inc. v. Nealy, the outcome of which could determine whether copyright holders can recover damages for acts occurring more than three...more
At the conclusion of its recent Term, the US Supreme Court finally released its long-anticipated opinion in Mallory v. Norfolk Southern Railroad, No. 21-1168.
In our Part One alert from September 2022, we reported on the...more
The Latest Trends and Developments in the Class Actions World -
Labor & Employment-
Labor and Employment class actions involving contractors are on the rise in California, especially in its $50-plus billion per annum...more
Employee misclassification claims continue to be the focus of class action litigation in the logistics space. In general, these cases involve allegations by independent contractors (most often owner-operators) that they...more
The Court addresses arbitration of class and collective actions in Viking River Cruises, Inc. v. Moriana and Coinbase, Inv. V. Bielski.”
Viking River Cruises, Inc. v. Moriana, 142 S. Ct. 1906 (2022) US Supreme Court...more
Beth Reuter was terminated from her employment with the City of Methuen (the “City”). On her termination date, the City failed to pay Ms. Reuter for her accrued, unused vacation time, as required by M. G. L. c. 149, § 148...more
Following House approval of H.R. 4445 with overwhelming support (335 Yeas to 97 Nays) on February 7, 2022, the Senate approved the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 by voice vote on...more
2/15/2022
/ Arbitration ,
Employee Rights ,
Employees ,
Employer Liability Issues ,
Joe Biden ,
Legislative Agendas ,
Mandatory Arbitration Clauses ,
Proposed Legislation ,
Sexual Assault ,
Sexual Harassment ,
Sexual Violence Policies
In 2021, trade secrets and non-competes continued to garner attention on the national stage. Non-competes were the focus of significant legislative activity at both the federal and local levels, while trade secrets lead to...more
In a case of first impression, on January 24, 2022, the Supreme Judicial Court of Massachusetts issued an opinion in H1 Lincoln, Inc. v. South Washington Street LLC holding that "enforcement of a limitation of liability...more
The Massachusetts Supreme Judicial Court has issued an opinion in Jinks v. Credico (USA), LLC setting forth the appropriate standard governing joint employer liability under the Massachusetts Wage Act.
The Massachusetts...more
Ferra v. Loews Hollywood Hotel, LLC, 2021 WL 2965438 (July 15, 2021) -
On July 15, 2021, the California Supreme Court issued a long-awaited decision, Ferra v. Loews Hollywood Hotel, LLC, regarding the rate at which premium...more
9/23/2021
/ Appeals ,
CA Supreme Court ,
Class Action ,
Class Certification ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Jurisdiction ,
Labor Code ,
Meal Penalties ,
Multidistrict Litigation ,
Putative Class Actions ,
Rest and Meal Break ,
SCOTUS ,
Sua Sponte ,
Unpaid Overtime ,
Wage and Hour
The latest trends and developments in the class action world.
Since our last update was published, the United States Supreme Court has addressed a number of appeals involving class actions.
Requirement of Concrete...more
9/23/2021
/ Appeals ,
Article III ,
Auto-Dialed Calls ,
Class Action ,
Facebook Inc v Duguid ,
Fair Credit Reporting Act (FCRA) ,
Injunctive Relief ,
Office of Foreign Assets Control (OFAC) ,
Putative Class Actions ,
Random or Sequential Number Generator ,
Robocalling ,
SCOTUS ,
Standing ,
TCPA ,
TransUnion LLC v Ramirez