David F. Johnson presented his speech on “Fiduciaryize Your Case” to the State Bar of Texas’s Advanced Civil Trial Course in Frisco, Texas, on July 11, 2024. This presentation covered what a fiduciary relationship means, the...more
The Third Circuit refused to enforce a mandatory arbitration clause with a class action waiver in an ESOP, finding that the class action waiver deprived participants of statutory rights. The ESOP plan added the clause at...more
In a win for Wiley’s client, the New York Supreme Court Appellate Division affirmed a trial court’s determination that New York Insurance Law Section 3426’s prohibition on coverage reductions in renewal policies where notice...more
Historically, courts around the country have approached the enforceability of class action waivers and arbitration provisions in ESOP and Employee Retirement Income Security Act of 1974 (ERISA) plan documents differently,...more
On May 5, 2021, Governor Andrew Cuomo signed into law the New York Health and Essential Rights Act (the “HERO Act”) (S. 1034B) to minimize the spread of COVID-19 and other airborne infectious diseases in the workplace given...more
It would be a truism to note that COVID-19 has had a profound impact on many sectors globally. The art industry, which relies considerably on the human interaction between art dealers, artists, and members of the public, is...more
National Beverage Corporation, the maker of the popular LaCroix sparkling water products, failed to obtain Rule 11 sanctions against a consumer plaintiff, but ultimately scored a major victory recently, when the plaintiff not...more
In an important judgment on the interpretation of section 90A of the Financial Services and Markets Act 2000, Tesco Plc failed to strike out two group litigation actions brought in relation to allegedly false and misleading...more
Courts of England are some of the most established fora for dealing with complex commercial litigation. The Civil Procedure Rules (CPR) that govern litigation are robust and provide a clear framework for the cost-effective...more
In October 2008, the Pennsylvania General Assembly passed the Home Improvement Consumer Protection Act (“HICPA”), 73 P.S. §517.1 et seq., which created a statutory framework to protect homeowners from unscrupulous home...more
On Thursday, April 7, 2017, in McGill v. Citibank, the California Supreme Court held that a pre-dispute arbitration agreement that waives the right to seek public injunctive relief is contrary to public policy and thus...more