The Blunt Truth About Testing Employees For Marijuana In California (part one)
As part of Manatt’s continuing monthly coverage of the aftermath of Facebook v. Duguid and how district courts are applying it to determine whether a calling system meets the Supreme Court’s newly clarified definition of an...more
For the last 10 years, the State of California has been requiring charities that operate or solicit donations in that state to file a copy of their federal tax return – which discloses the names and addresses of the charity’s...more
On November 11, 2017, various groups of parents and several individuals filed suit in federal district court in Oregon challenging Dallas School District No. 2’s policy of accommodating transgender students’ requests to use...more
On June 29, 2020, the U.S. Supreme Court decided June Medical Services L.L.C. et al. v. Russo, Interim Secretary, Louisiana Department of Health and Hospitals, holding that abortion providers had standing to assert the...more
Litigants challenging the opening of women’s restrooms and locker rooms in schools to transgender females have roundly been defeated. While the Supreme Court could always change the trend, cases like Whitcare v. Kenosha...more
2019 was a busy year for lawmakers across the nation, underscoring the need for employers to remain apprised of all the new laws that will be taking effect in 2020. Below we summarize some of the significant developments...more
On May 14, 2018, the Supreme Court of the United States decided Byrd v. United States, No. 16-1371, holding that under the Fourth Amendment, the driver of a rental car may challenge the search of that car by law enforcement...more
On March 30, 2018 Solicitor General Noel J. Francisco filed a motion with the U.S. Supreme Court in United States v. Microsoft Corporation that seeks to vacate the judgment of the U.S. Court of Appeals for the Second Circuit...more
The EU’s General Data Protective Regulation (“GDPR”) has been a popular topic of late. Fisher Phillips’ Employment Privacy Blog has covered the evolution of this regulation, starting with the roll back of the previous “safe...more
Location, Location, Location. While it is often used to describe a key to selling real estate, the location of a server may be just as important. The United States Supreme Court heard arguments on February 27, 2018, on...more
In 1879, Connecticut passed a law barring the use of “any drug, medicinal article or instrument for the purpose of preventing conception”; the penalty was“not less than fifty dollars” or between 60 days and one year in...more
The United States Supreme Court has just agreed to hear the case of a Detroit man who was sentenced to 116 years in prison after data from his own cellular phone was used against him at his trial for his role in a string of...more
The United States Supreme Court recently upheld the constitutionality of state statutes providing criminal penalties for the refusal to provide a breath test after an arrest for DUI, but held them unconstitutional when...more
The Vulnerability of Healthcare Information - According to a report the Brookings Institute issued in May 2016, 23% of all data breaches occur in the healthcare industry. Nearly 90% of healthcare organizations had some...more
Following the Supreme Court’s ruling in Spokeo, Inc. v. Robins, 136 S. Ct. 1540 (U.S. May 16, 2016), it is clear that “Article III standing requires a concrete injury even in the context of a statutory violation,” such that a...more
On July 31, 2015, Quartavious Davis petitioned for certiorari in Davis v. United States, No. 15-146 asking (1) whether the acquisition of a cell phone user’s location data from his cellular service provider constitutes a...more
On October 14, 2015, the United States Supreme Court heard oral argument in Campbell-Ewald Company v. Gomez, 14-SC-857. The plaintiff in Gomez alleged he received an unsolicited marketing text message advertising the US Navy...more
The First Circuit recently joined the Second, Fifth, Seventh, Ninth, and Eleventh Circuits in holding that a Rule 68 offer made prior to class certification and rejected by plaintiff does not moot the plaintiff’s claim. The...more
There has been a lot of activity in the federal courts of appeals recently regarding the use of offers of judgment to named plaintiffs in class actions. The Fifth and Seventh Circuits recently held that an unaccepted Rule 68...more
As we covered here, the U.S. Supreme Court accepted certiorari in Campbell-Eward Co. v. Gomez, 768 F.3d 871 (9th Cir. 2014), to decide the question of whether a full-relief offer of judgment under Federal Rule of Civil...more
On August 6, 2015, the Fourth Circuit upheld a lower court’s decision that the South Carolina anti-robocall statute was unconstitutional. The South Carolina robocall statute targeted automated telephone calls that were...more
We previously reported that government access to cellphone geographic information or CSLI without a warrant has become a vigorous debate between the government, defense attorneys, and the federal bench. In a lengthy opinion,...more
Hotels possess a treasure trove of private information about their guests. Everything from the guest’s name, address, credit card and vehicle information to the number of guests in the party, arrival and departure dates and...more
U.S. Supreme Court Strikes Down Los Angeles City Ordinance Requiring Hotel Operators to Provide Guest Register Records to Police Officers on Demand - Like a host of municipalities, the City of Los Angeles has an...more
On June 22, 2015, in a 5-4 ruling, the U.S. Supreme Court in City of Los Angeles v. Patel struck down a Los Angeles Municipal Code that required hotel operators to provide guest registries to police upon demand, and without a...more