Robinson Bradshaw

Savvy employers read and implemented the Equal Employment Opportunity Commission’s 2024 Enforcement Guidance on Harassment in the Workplace. Now, portions of that Guidance relating to LGBTQ+ employee rights are defunct…more

6/12/2025 / Administrative Law, Civil Rights, Labor & Employment Law

Cancel Culture, FTC Style: What Subscription-Based Businesses Need to Know about the FTC’s New “Click-to-Cancel” Rule

Last fall, the FTC published the Rule Concerning Recurring Subscriptions and Other Negative Option Programs, or the “Click-to-Cancel Rule.” The Rule targets practices where cancellation is intentionally more difficult than…more

6/10/2025 / Antitrust & Trade Regulation, Commercial Law & Contracts, Consumer Protection

Update: Supreme Court Dismisses Appeal on Whether a Class Can Contain Members Who Lack an Article III Injury

In Labcorp v. Davis, the U.S. Supreme Court was poised to decide if a federal court can certify a class that includes members who lack any Article III injury. But as we discussed last month, the oral argument suggested that a…more

6/9/2025 / Civil Procedure, Constitutional Law

Will the Supreme Court Weigh In on Ascertainability?

We’ve written previously about courts’ differing approaches to ascertainability — an implicit requirement under Rule 23 that class members must be identifiable. A pending petition for certiorari in Career Counseling, Inc. v…more

6/3/2025 / Civil Procedure, Communications & Media Law, Consumer Protection

Lower Pleading Standard for 401(k) Plan Prohibited Transaction Suits

In its April 17 decision in Cunningham v. Cornell University, the U.S. Supreme Court established a plaintiff-friendly standard for ERISA prohibited transaction claims, resolving a circuit court split. As a result, plan sponsors…more

5/15/2025 / Business Organizations, Civil Procedure, Finance & Banking, Labor & Employment Law

Update: Supreme Court Might Still Not Decide Whether a Class Can Contain Individuals Who Lack Any Article III Injury

A few months ago, we wrote about the U.S. Supreme Court’s decision to grant review in Labcorp v. Davis. As we noted at the time, Labcorp raises a long-debated question of class-action law: Can a federal court certify a class…more

5/6/2025 / Civil Procedure

Say the Magic Word: Fourth Circuit Imposes High Standard for Showing that Federal Statute Precludes Enforcement of Agreement to Arbitrate Class Claims

A recent Fourth Circuit decision extends the trend of cases refusing to use federal statutes to invalidate arbitration agreements waiving the right to bring class claims in federal court. The statute at issue in Espin v…more

4/9/2025 / Alternative Dispute Resolution (ADR), Civil Procedure

Form D: A Primer

Under Section 5 of the Securities Act of 1933, all offers and sales of securities, including offers or sales of limited partnership interests or membership interests in a private fund, must be registered with the Securities and…more

4/2/2025 / Administrative Law, Finance & Banking, Securities Law

Old Dogs and New Tricks: Supreme Court Denies Certiorari in Ninth Circuit Case Allowing Reliance on Inadmissible Expert Work for Class Certification

Earlier this month, the Supreme Court declined to hear an appeal from the Ninth Circuit’s decision in Lytle v. Nutramax Laboratories, Inc. affirming the certification of a class of owners of elderly dogs, alleging that the…more

3/28/2025 / Civil Procedure

New HSR Rule: Practical Guidance for Corporate Counsel

The FTC’s new Hart-Scott-Rodino rule, which we described in a previous publication, took effect earlier this month. Below are five key takeaways for corporate counsel..…more

2/28/2025 / Antitrust & Trade Regulation, Mergers & Acquisitions

Supreme Court To Decide Whether a Class Can Contain Individuals Who Lack Any Article III Injury

On January 24, 2025, the United States Supreme Court agreed to answer a question that has divided the circuits: Can a federal court certify a class containing members who lack any Article III injury? In Davis v. Laboratory…more

2/17/2025 / Civil Procedure, Constitutional Law

Regulatory Uncertainty Regarding Private Funds and Artificial Intelligence Utilization

As in most industries, private fund sponsors are increasingly assessing and beginning to adopt artificial intelligence-powered tools to rapidly analyze large volumes of data, identify trends and patterns and to generally make…more

1/29/2025 / Finance & Banking, Science, Computers, & Technology, Securities Law

SCOTUS Rejects Heightened Evidentiary Standard for FLSA Exemption Claims in Fourth Circuit

On Jan. 15, the U.S. Supreme Court issued a unanimous decision in E.M.D. Sales, Inc. v. Carrera, firmly indicating that employers must establish by a “preponderance of the evidence” that an employee is exempt from the Fair Labor…more

1/28/2025 / Civil Procedure, Labor & Employment Law

Takeaways from ILPA’s NAV Loan Guidance

The differing waiver rules governing the fragile attorney-client privilege and the robust work product doctrine protection predictably create stark differences when family members communicate with each other. This type of…more

12/12/2024 / Business Organizations, Finance & Banking, Securities Law

No Glue in the Classroom: A Commonality Conundrum

Glue is an object commonly found in schools, yet the “glue” that binds class action commonality appears to be a scarce commodity for students with disabilities and their parents. In September 2024, the Fourth Circuit decided…more

12/5/2024 / Civil Rights, Education Law

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Robinson Bradshaw

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