News & Analysis as of

Federal v State Law Application

The Supreme Court Will Soon Weigh in on Class Arbitration and Cy Pres Issues

The U.S. Supreme Court has decided to hear two important cases next year involving important issues for class action lawyers and the clients they serve. In Lamps Plus Inc. v. Varela, the Supreme Court will decide “whether...more

Gavel to Gavel: Most states may surcharge transactions

by McAfee & Taft on

Few fees frustrate the average business more than those incurred by accepting credit cards. From a practical perspective, refusing credit cards is usually not a viable option. Originally published in The Journal Record |...more

Supreme Court to Determine Whether An Arbitration Clause Must Explicitly Authorize Class-wide Arbitration

by Carlton Fields on

The Supreme Court recently granted certiorari in Lamps Plus Inc. v. Varela, to determine “[w]hether the Federal Arbitration Act forecloses a state-law interpretation of an arbitration agreement that would authorize class...more

Part 1 of 2: The Impact of Marijuana for Employers

by Cozen O'Connor on

This episode begins a two-part bonus series looking at the impact of recent marijuana regulation on employers. Today’s part one episode features a roundtable discussion on the policies and politics of cannabis....more

Consumer financial services at a crossroads: Small-dollar loans

by White & Case LLP on

Supervision - The CFPB has historically focused on how to address so-called "debt traps" associated with payday lending. After five years of research and public comments, the CFPB released its final rule regulating...more

Supreme Court to Decide Whether Class Action Arbitration Is Allowed Where Arbitration Clause Is Silent Regarding Availability of...

The Supreme Court recently granted certiorari in Lamps Plus Inc. v. Varela, No. 17-988. The question presented in the petition for certiorari is: “Whether the Federal Arbitration Act forecloses a state-law interpretation of...more

Supreme Court Will Determine If Silence in an Arbitration Clause May Be Judicially Interpreted to Permit Class Arbitration

On April 30, 2018, the U.S. Supreme Court granted certiorari to review an unpublished Ninth Circuit decision in Varela v. Lamps Plus, Inc., No. 16-56085 (9th Cir. Aug. 3, 2017). See Lamps Plus, Inc. v. Varela (No. 17-988,...more

Constitution Pipeline Company - Clean Water Act Section 401 Saga

On April 30, 2018, the U.S. Supreme Court denied certiorari in the Constitution Pipeline Company case relating to stream crossings by gas pipelines....more

U.S. Supreme Court Decision in Lamps Plus Will Shed More Light on Class Arbitration

by Ballard Spahr LLP on

This week, the U.S. Supreme Court granted certiorari in a case that should further clarify the circumstances in which class arbitration can be required. The question presented in Lamps Plus, Inc. v. Varela is "[w]hether the...more

Will SCOTUS Finally Decide What Language Authorizes Class Arbitration? Lamps Plus, Inc. v. Varela Might Just Do It.

by BakerHostetler on

As we noted in prior blog articles, questions regarding what authorizes class arbitration continue to arise despite class action waivers in many arbitration agreements. (See our Nov. 11, 2013, March 12, 2015, Sept. 9, 2015,...more

Trade Secrets: Intersection of state and federal law

by Buchalter on

In May 2016, the US Congress enacted the Defend Trade Secrets Act (“DTSA”), which created a federal private right of action for trade secret misappropriation “if the trade secret is related to a product or service use in, or...more

SCOTUS Adds Another Class Arbitration Case To Its Docket

Yesterday, the Supreme Court of the United States granted certiorari in another case involving the Federal Arbitration Act. ...more

Cannabis Considerations: Protecting your Cannabis Innovation

by Knobbe Martens on

Introduction – Is Patenting Cannabis Legal? Early protection of intellectual property is a critical component in any business’s efforts to secure a competitive advantage in the marketplace. In the cannabis space, efforts...more

President Trump Indicates Softer Stance on Cannabis

by Burns & Levinson LLP on

After threatening to block any Department of Justice nominations following Attorney General Jeff Sessions’ revocation of the Cole Memorandum, Senator Cory Gardner of Colorado said in a statement that President Trump has given...more

Nevada Supreme Court Affirms that Arbitration Agreements in CC&Rs are Binding and Enforceable

by Payne & Fears on

In a win for residential developers seeking an alternative forum to resolve construction-defect claims, the Nevada Supreme Court rules that arbitration agreements in CC&Rs are enforceable. Based on the following, the court...more

States’ Attorneys General Throw Shade on USDOL’s “PAID” Program

Last month, we discussed some serious concerns about the efficacy of the U.S. Department of Labor’s “PAID” program, under which employers can self-report wage and hour violations to the federal agency and negotiate a seeming...more

Second Circuit Prohibits “Double Recovery” of Liquidated Damages Under FLSA and New York Labor Law

In a case of first impression, the Second Circuit held on April 6, 2018 that liquidated damages may not be awarded for the same course of conduct under both the Fair Labor Standards Act and the New York Labor Law....more

Self-Driving Uber Fatality Could Complicate Regulations

by Dechert LLP on

A self-driving car operated by Uber Technologies Inc. (Uber) struck and killed a pedestrian in Tempe, Arizona last month. The incident has led policymakers to revisit concerns over autonomous vehicle (AV) regulations where...more

U.S. Supreme Court Permits Federal Class Action Securities Cases to Proceed in State Court

by Weiner Brodsky Kider PC on

The U.S. Supreme Court recently ruled that state courts retain jurisdiction over federal class actions securities cases for violations of the Securities Act of 1933. The Court was unanimous in confirming that when Congress...more

Currents - Energy Industry Insights - March 2018 #5

California's Ready to Retaliate if Trump Cuts Auto Rules, Sources Say - "As the Trump administration begins to dismantle Barack Obama's ambitious auto efficiency regulations, California is said to be poised to retaliate...more

9th Circuit Rules That National Banking Act Does Not Preempt California Escrow Interest Requirement

by Weiner Brodsky Kider PC on

A Ninth Circuit panel recently ruled that the National Bank Act does not preempt California’s state escrow interest law. The panel reversed a district court’s dismissal of a putative class action, which was filed against a...more

Marijuana in the Workplace: What Maryland Employers Should Know

by Pessin Katz Law, P.A. on

In light of recent legislation passed in Maryland, employers now face the question of whether or not to amend their existing drug enforcement policies to reflect medical marijuana users in the workplace. Although under...more

DOJ Challenges California Law Placing Restrictions on Employer's Ability to Allow ICE into the Workplace

by Littler on

On March 6, 2018, the U.S. Department of Justice filed a lawsuit challenging California’s Immigrant Worker Protection Act (Assembly Bill 450), among other laws designed to limit the extent state law enforcement and prisons...more

Regional Haze/Arkansas: 8th Circuit Court of Appeals Grants Motion to Stay

The United States Court of Appeals for the 8th Circuit addressed a Motion to Stay related to litigation involving application of the Clean Air Act Regional Haze requirements to Arkansas. The Order was issued on March 7th....more

Traveling with Medical Marijuana Across State Lines?

by Jaburg Wilk on

I live in Arizona and I have a medical marijuana card, is it possible to bring medicine from out of state? In recent years, two of Arizona's neighbors (Colorado and California) have changed their laws to allow adults to...more

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Cybersecurity

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