McDonald’s to Settle its NLRB Case
3/30/18
By: Allen E. Sattler
On March 19, 2018, McDonald’s USA LLC (“McDonald’s”) and the U.S. National Labor Relations Board (the “Board”) entered into a preliminary settlement to resolve many long-standing claims made against McDonald’s concerning its alleged labor law violations. …
Pay-When-Paid Clauses: A Cautionary Tale
3/28/18
By: Jake Carroll
With the recent surge of construction projects in Georgia, the memories of owner and developer bankruptcies following the 2008 financial crisis may have grown dim. Nevertheless, material suppliers and subcontractors must remember that when the pace slows …
Supreme Court on Prolonged Detention and Bond for Immigrants
3/27/18
By: Layli Eskandari Deal
Immigration has been a hot topic in the news lately due to the various issues being litigated in the Courts. Recently the Supreme Court made a ruling on the issue of prolonged detention by Immigration and …
Planning To File Your 2018 H-1B Cap Case Under Premium Processing? Not So Fast…
3/27/18
By: Kenneth S. Levine
On March 20th USCIS announced an indefinite suspension of the premium processing program for H-1B visa petitions that are subject to the 2018 statutory cap. The annual statutory cap limits the total of H-1B …
Congress Steps Into Tip-Pooling Fight
3/23/18
By: Timothy J. Holdsworth
We wrote previously about the background on the tip-pooling regulations and the DOL’s Notice of Proposed Rulemaking (“NPR”) that would allow tip-pooling arrangements that include employees who do not regularly and customarily receive tips under the …
Breaking News: U.S. Supreme Court Rules that State Courts Maintain Jurisdiction Over Certain Securities Class Actions Pursued Under Federal Law
3/20/18
By: Theodore C. Peters
For years, litigants have battled over whether and to what extent state courts have concurrent jurisdiction over securities class actions brought under the Securities Act of 1933. The 1933 Act was enacted during the Great Depression …
BREAKING – D.C. Circuit Sets Aside Key Portions of FCC Ruling in Long-Awaited TCPA Decision
3/20/18
By: Matthew N. Foree
The United States Court of Appeals for the District of Columbia Circuit has finally issued its decision in the appeal of the Federal Communication Commission’s July 2015 Declaratory Order regarding the Telephone Consumer Protection Act. The …
Economic Resolution of Cases Through An Expedited Jury Trial
3/16/18
By: Melina Shahbazian
It is no secret that litigation is time consuming and extremely expensive. Sometimes, depending on the circumstances of the case, the lengthy costly litigation process is the only choice. Other times, particularly with lesser value cases, the …
When the Midas Touch Does Not Protect You From Your CLE Obligations
3/15/18
By: Jonathan M. Romvary
As part of every attorney’s ongoing duty of competence, each jurisdiction requires attorneys to attend Continuing Learning Education classes each year. The failure to attain the minimum required credit hours for substantive and ethical topics may …
Head In the Cloud – United States Supreme Court Takes On Application of Domestic Warrant To Information Stored Internationally
3/9/18
By: Glenn M. Kenna
The Supreme Court is set to decide a vital question this term – Can the government use a warrant served in the United States to obtain emails stored abroad? The United States Government says it can, …
Avoiding the #%&^%!& Swearing Contest
3/9/18
By: Seth F. Kirby
In the course of defending professionals in all manner of disputes, a common theme is often repeated. It usually involves some variation of the former client (now plaintiff) claiming that they “were told” or that it …
FINRA to Pick Up the Check on Unpaid Arbitration Awards?
3/8/18
By: Theodore C. Peters
As recently reported, unpaid FINRA arbitration awards is a growing problem. As FINRA has acknowledged, roughly one quarter of FINRA arbitration awards issued in 2016 went unpaid. If lawmakers have their way, FINRA itself …