Robinson Bradshaw

Since the Supreme Court’s opinion in TransUnion LLC v. Ramirez, 594 U.S. 413 (2021), litigants and courts alike have struggled to determine whether certain intangible harms are “concrete, particularized, and actual or imminent”… more

11/4/2025 / Civil Procedure, Privacy, Science, Computers, & Technology

Outbound Investment Security Program Implications for Private Fund Sponsors and Investors

The U.S. government’s Outbound Investment Security Program, stemming from Executive Order 14105 issued in August 2023 and finalized in the Treasury’s rules effective Jan. 2, 2025, reflects ever-increasing U.S. governmental… more

10/28/2025 / Finance & Banking, International Law & Trade, Securities Law

Carolinas Divided: Variations in State Law Defeat Predominance

A recent North Carolina Supreme Court decision, Jackson v. Home Depot U.S.A., Inc., 919 S.E.2d 199 (N.C. 2025), highlights the importance of choice of law issues underlying putative class actions… more

10/3/2025 / Civil Procedure, Conflict of Laws, Consumer Protection

Continued Evolution in the Standards for Conditional Certification of FLSA and ADEA Claims

This blog often focuses on traditional, opt-out class actions brought under Federal Rule of Civil Procedure 23, but there is another common form of mass action: collective actions under the Fair Labor Standards Act and the Age… more

8/22/2025 / Civil Procedure, Labor & Employment Law

Marketers: Beware of Texting in Texas

On June 20, Gov. Greg Abbott signed Texas Senate Bill 140 into law, taking effect on Sept. 1, 2025. Among other things, this bill expands the scope of Texas’ telephone solicitation legislation (the Texas Telephone Solicitation… more

8/20/2025 / Antitrust & Trade Regulation, Communications & Media Law, Consumer Protection

South Carolina Supreme Court Undermines Contractual Protections of the Economic Loss Rule

Businesses — especially service providers like contractors, subcontractors, consultants and design professionals — rely on their contracts to define their risks in the marketplace. For decades, a legal doctrine known as “the… more

8/14/2025 / Business Torts, Commercial Law & Contracts, Construction Law

SEC Guidance Increases Opportunity for 506(c) Offerings by Fund Sponsors

On March 12, 2025, the Securities and Exchange Commission (SEC) issued a No-Action Letter (NAL) that clarified and expanded the definition of “reasonable steps” an issuer must take when making an offering under Rule 506(c). The… more

7/29/2025 / Securities Law

Application of New Anti-Money Laundering Regulations to Advisers to Private Funds

On Sept. 4, 2024, the U.S. Treasury Department’s Financial Crimes Enforcement Network (FinCEN) published a final rule imposing new anti-money laundering (AML) and countering the financing of terrorism (CFT) requirements on… more

7/15/2025 / Finance & Banking, Securities Law

EEOC Guidance Partially Vacated: What’s an Employer to Do?

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

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Robinson Bradshaw

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