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Sheppard Mullin Richter & Hampton LLP

Defunct Photo App Agrees to Erase Biometric Data in FTC Settlement

The Federal Trade Commission recently entered the biometric fray. It settled with a now-defunct photo-storage app over its use of facial recognition technology. According to the FTC, the company engaged in a variety of...more

Perkins Coie

Brown Act Does Not Require a Finding of Prejudice to Survive a Demurrer

Perkins Coie on

Plaintiffs do not have to allege prejudice caused by a violation of the Brown Act’s statutory vote reporting requirement to survive a demurrer, and it is improper to render a case moot by taking judicial notice of only one...more

McDermott Will & Emery

Looks Like We Made It

McDermott Will & Emery on

The Trump administration departs. The Biden administration arrives. But for the courts, the inauguration is no magic shot in the arm (as they say). Appeals courts have been reluctant to second-guess trial courts’...more

McAfee & Taft

2020 relief bill includes sweeping changes to trademark and copyright law

McAfee & Taft on

As the nation continues to fight the ongoing COVID-19 pandemic, many took notice of the December 27, 2020, signing of the Consolidated Appropriations Act, a bipartisan relief and government funding bill passed by Congress...more

Steptoe & Johnson PLLC

Kentucky Supreme Court Unanimously Applies Quality Assurance Privilege To Malpractice Action

Steptoe & Johnson PLLC on

Kentucky long-term care facilities recently won a landmark victory at the Kentucky Supreme Court protecting certain documents created by or at the request of the Quality Assurance Committee from disclosure in litigation. ...more

Patterson Belknap Webb & Tyler LLP

Update: Supreme Court Resolves Circuit Split Regarding Pre-Bankruptcy Seizure

In 2019, we began following a Circuit split regarding a secured creditor’s obligation to return collateral that it lawfully repossessed pre-petition after receiving notice of a debtor’s bankruptcy filing. In our prior posts,...more

Burr & Forman

New York District Court Stays Putative TCPA Class Action Pending Outcome of Facebook v. Duguid

Burr & Forman on

Elzen v. Global Strategy Group, LLC, et al., No. 20-cv-3541 (JPO), 2021 WL 185328 (S.D.N.Y. Jan. 19, 2021) - Plaintiff filed a putative class action, claiming Defendants violated the Telephone Consumer Protection Act, 47...more

Perkins Coie

California’s Supreme Court Confirms the Retroactivity of the ABC Test Established in the 2018 Dynamex Decision

Perkins Coie on

On January 14, 2021, the California Supreme Court decided Vazquez v. Jan-Pro Franchising International, Inc. The decision holds that the ABC test used to determine independent contractor versus employee status for purposes of...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Ninth Circuit Upholds Federal Preemption of California’s Meal and Rest Break Laws for Interstate Commercial Drivers

In one of the year’s most anticipated court decisions for the trucking industry, International Brotherhood of Teamsters, Local 2785, et al. v. Federal Motor Carrier Safety Administration, No. 19-70413 (January 15, 2021), the...more

Arnall Golden Gregory LLP

Government Investigations Team Insights - January 2021

AGG’s Government Investigations Team Insights provides periodic updates covering legal and regulatory topics.  In this edition, we cover last week’s Supreme Court arguments over the scope of the FTC’s authority to obtain...more

Foley & Lardner LLP

The Indefinite Peril Of Claim Drafting

Foley & Lardner LLP on

As a non-precedential decision on claim construction, Horizon Pharma, Inc. v. Dr. Reddy’s Laboratories Inc., may not be relevant to any other case, but it caught my attention as an example of the perils of claim drafting....more

Liskow & Lewis

It’s Heating Up: United States Supreme Court Hears Arguments on Proper Jurisdiction for Climate-Change Lawsuit

Liskow & Lewis on

Yesterday, the United States Supreme Court heard oral arguments in the climate change lawsuit filed by the City of Baltimore in 2018 against energy companies. This case is one of a number of cases brought by states, cities,...more

Stradling Yocca Carlson & Rauth

Ninth Circuit Decision Makes it Harder for Plaintiffs to Plead Securities Fraud Claims Against Drug & Medical Device Companies

On June 10, 2020, the Ninth Circuit, in Vicky Nguyen v. Endologix, Inc., et al., affirmed in a published decision the district court’s dismissal with prejudice of a putative securities fraud class action because plaintiff...more

Rumberger | Kirk

Hope Rests with Supreme Court to Clarify How TCPA Applies to Current Tech

Rumberger | Kirk on

In Facebook v. Duguid, the U.S. Supreme Court will clarify if the decades-old Telephone Consumer Protection Act applies to newer technology like the smartphone, which could not have been contemplated by Congress in 1991....more

Thompson Coburn LLP

Prejudgment interest may be allowed in personal injury and wrongful death claims

Thompson Coburn LLP on

On January 13, 2021 – just before the Illinois legislature’s final session ended – both houses passed controversial Illinois HB3360, which amends 735 ILCS 5/2-1303 regarding interest on judgments. If signed by Governor...more

Lowenstein Sandler LLP

Recent Decision Highlights Considerations For Asserting Privilege In The Wake Of A Cyberattack

Lowenstein Sandler LLP on

“Malicious cyberattacks have unfortunately become a routine part of our modern digital world.” Wengui v. Clark Hill, PLC, Civil Action No. 19-3195, slip op. at 1 (D.D.C. Jan 12. 2021). When a data breach occurs, in-house...more

McGuireWoods LLP

Several Courts Allow Categorical Privilege Logs

McGuireWoods LLP on

One widespread misperception about attorney-client privilege and work product doctrine assertions is that the Federal Rules require a privilege log. As one court bluntly put it, "no where in Fed. R. Civ. Pro. 26(b)(5) is it...more

Downey Brand LLP

Judge Suspends State Procedures as Applied to Majority of Waters of the State; Retains Application to Waters Subject to the Clean...

Downey Brand LLP on

On December 17, 2020, the Sacramento County Superior Court substantially limited the scope of waters to which the State Procedures for Discharges of Dredged and Fill Material (“Procedures”) apply through its decision in San...more

Hudson Cook, LLP

U.S. Supreme Court Hears Oral Argument in the TCPA "Autodialer" Case

Hudson Cook, LLP on

On December 8, 2020, the U.S. Supreme Court heard oral arguments in Facebook, Inc. v. Duguid, a case that should establish a nationwide standard for the "autodialer" definition adopted by the Telephone Consumer Protection Act...more

Morrison & Foerster LLP - Social Media

Role Reversal: Ninth Circuit Rejects Consumer’s Attempt To Enforce Updated Arbitration Provision In Website Terms Of Use

In Stover v. Experian Holdings, the Ninth Circuit decided an issue of first impression for the circuit, holding that a party’s single visit to a website four years after her original visit—when she agreed to an online...more

Weil, Gotshal & Manges LLP

Supreme Court Holds That a Non-Debtor Retaining a Debtor’s Property Does Not Exercise Control Over the Property in Violation of...

In January 2020, we analyzed a split among the Circuit Courts regarding whether a non-debtor holding a debtor’s property on the petition date has an affirmative obligation under section 362(a)(3) of the Bankruptcy Code to...more

Nutter McClennen & Fish LLP

Product Liability 2020 Year in Review

Massachusetts federal and state courts issued a number of important product liability decisions in 2020. These involved a number of rulings on issues surrounding personal jurisdiction. The Product Liability practice group at...more

Littler

Finally! Ohio Restores its Employment Discrimination Statute

Littler on

After over 25 years of proposals and negotiations among key stakeholders—including Ohio employers and their supporting associations, the Ohio plaintiffs’ employment law bar, and various employee-rights advocates—on December...more

Womble Bond Dickinson

D.C. District Court Denies Motion To Compel Arbitration Of FCRA Claim Due to Insufficient Declaration

Womble Bond Dickinson on

On January 13, 2021, the U.S. District Court for the District of Columbia denied a motion to compel arbitration filed by First Premier Corp. (“First Premier”) in a Fair Credit Reporting Act case, on the grounds that First...more

Gray Reed

Pennsylvania Rule of Capture Still Bars Subsurface Trespass Claim

Gray Reed on

After a trial court order, two appellate opinions, a dissent, and another appellate opinion, the tension between a well operator and an adjacent mineral owner over whether hydraulic fracturing can constitute a subsurface...more

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JD Supra Privacy Policy

Updated: May 25, 2018:

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Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

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Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

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California Privacy Rights

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Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

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Access/Correct/Update/Delete Personal Information

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Changes in Our Privacy Policy

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Contacting JD Supra

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Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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