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Failure to launch – Texas court grants nationwide permanent injunction, icing the FTC’s noncompete ban indefinitely

The Federal Trade Commission’s (FTC) nationwide ban on post-employment noncompetition agreements is no more following a Northern District of Texas judge’s ruling imposing a nationwide permanent injunction. Although a long and...more

AI Litigation Insights - Barrows et al. v. Humana, Inc.

Health insurer Humana was sued in a class action challenging the process by which it made claim determinations and alleging that it knowingly used a “highly inaccurate” artificial intelligence model, nH Predict, to improperly...more

FTC approves final rule banning noncompetition agreements

Restrictive covenants have traversed a tumultuous road since the Federal Trade Commission (FTC) issued a Notice of Proposed Rulemaking (NPRM) on January 5, 2023, purporting to ban noncompetition agreements throughout the...more

AI Litigation Insights - Jeremy Jong, individually and on behalf of similarly situated individuals v. Blue Shield of California

Plaintiff Jeremy Jong filed a putative class-action complaint against Blue Shield of California (Blue Shield), one of the largest medical insurance companies in the United States....more

AI Litigation Insights: zvelo, Inc. v Netskope, Inc.

Plaintiff zvelo is a Colorado-based organization that has developed a database of category-based website URLs that is incorporated into various network security and web filtering vendor offerings....more

Potential pitfalls of the arbitration clause: Mass arbitrations on the rise

Eversheds Sutherland presents periodic updates to inform companies entering or already established in the US market about newly enacted rules or trends that may be traps for the unwary. The purpose of these updates is to...more

Automatic renewal laws

In the United States, consumer-facing companies must comply with not just one set of laws but the laws of all 50 states. Eversheds Sutherland presents periodic consumer-related updates to inform companies entering or already...more

Sixth Circuit validates challenge to PFAS class - demands greater specificity in pleading standards for causation

On November 27, a landmark PFAS decision by the Sixth Circuit effectively dismissed a statewide class action for lack of standing. This potentially sets the stage for a new era of PFAS litigation, where historically general...more

Dressed to kill: Greenwashing litigation continues to challenge fashion retailers' sustainability claims

Fashion retailers remain a top target of greenwashing lawsuits. Retailers are under scrutiny for their sustainability representations (discussed in our earlier legal alerts here) and are being targeted by class action...more

Is PFAS litigation the new asbestos docket? PFAS users now face increasing government enforcement actions and private lawsuits

PFAS litigation is on the rise. The catalyst is the rapidly developing patchwork of proposed municipal, state, and federal regulations seeking to find and hold accountable PFAS users. State attorneys general are taking an...more

Not more than one (PFAS) drop per 5 olympic pools! EPA sets stage for turbulent patchwork of local PFAS regulations

In March 2023, the Administration took another major step in its strategic roadmap to combat and hold PFAS users accountable for PFAS contamination by proposing new rules establishing the first-ever national drinking water...more

US Supreme Court weighs whether discovery should continue pending interlocutory appeal

Last week the US Supreme Court heard arguments regarding whether the interlocutory appeal of a denial of a motion to compel arbitration should also automatically stay proceedings in the trial court such as discovery. The...more

New nationwide policy marks latest DOJ effort to incentivize voluntary self-disclosure

On February 22, 2023, the US Department of Justice issued a nationwide policy for all US Attorney’s Offices (USAOs) outlining the circumstances in which a company may receive credit for voluntary self-disclosure (VSD)....more

DOJ sweetens the deal for companies that “come forward, cooperate, and remediate”

On January 17, 2023, Assistant Attorney General Kenneth A. Polite, Jr. (AAG Polite) announced changes to the Department of Justice’s (DOJ) FCPA Corporate Enforcement Policy (CEP). The CEP, which applies to all Criminal...more

Out of Vogue: Greenwashing litigation on the rise for fashion retailers

As consumer interest in climate change and sustainability continues to evolve, an increase in “greenwashing” claims directed towards fashion retailers has generated a series of headline-grabbing lawsuits. Over the last year,...more

Federal Trade Commission proposes rule to ban noncompete agreements in employment contracts

On January 5, 2023, the Federal Trade Commission (FTC) proposed a New Rule to ban noncompete clauses, which “hurt workers and harm competition.” The FTC’s proposed new rule builds upon President Biden’s Executive Order on...more

Privacy litigation trend: Session replay software targeted under state anti-wiretapping statutes

Recently, US companies are experiencing a surging wave of consumer class action lawsuits alleging businesses and their software providers are violating state anti-wiretapping statutes and invading consumers’ privacy rights...more

The DOJ’s new guidance on corporate criminal enforcement - and what it means for your business

​​​​​​​On September 15, 2022, Department of Justice (DOJ) Deputy Attorney General (Deputy AG) Lisa Monaco announced new guidance for the DOJ’s corporate enforcement policies, which is memorialized in the Memorandum on Further...more

The Windfall Wire: Second Circuit panel says Citibank may recover nearly $500 million in inadvertently wired funds

​​​​​​​Citibank’s balance sheet is likely breathing a sigh of relief. A Second Circuit panel held that the bank may finally recoup nearly $500 million in funds that it inadvertently wired to lenders almost two years ago. US...more

SEC ESG crackdown - Investment funds in the crosshairs

As investors have piled into ESG-friendly mutual funds over the past several years, the SEC has begun ratcheting up scrutiny of the representations made by the advisers of those ESG investment funds. This week, the SEC...more

California anti-secrecy bill seeks to alert public of environmental hazards and defective products

Recent legislation in California may increase legal costs, make settlements more difficult, and risk confidential business information being released to the public. The Public Right to Know Act of 2022 seeks to prohibit...more

FinCEN warns financial institutions to be “vigilant” for Russia sanctions violations

On March 7, 2022, the Financial Crimes Enforcement Network (FinCEN) issued an alert calling on financial institutions to be “vigilant” in guarding against attempts to evade the recent imposition of expanded Russia sanctions....more

New executive order forges path for unified US regulation of digital assets

In an Executive Order (EO) issued March 9, 2022, President Joseph Biden set out the guiding principles for US policy on digital assets and digital asset regulation, including US policy with respect to a US Central Bank...more

Enforcement appears as messages disappear: The perils of personal and ephemeral messaging

On December 17, 2021, a financial institution agreed to pay $200 million in fines to the Securities and Exchange Commission and Commodities Futures Trading Commission for allowing employees to discuss business on their...more

Potential alliance between FinCEN and Justice Department Environmental Crimes Unit presents a potent law enforcement combination...

As companies continue to focus on improving their ESG credentials, they are constantly assessing their environmental management systems and compliance programs for potential areas of ESG-related risk. The reason is...more

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