1/27/21
By: Justin Boron and Courtney Mazzio
The eye that retail businesses must thread to avoid data breach class actions just got a little narrower in Pennsylvania.
In a decision issued this month in In re Rutter’s Data Sec. Breach Litig.…
1/27/21
By: Justin Boron and Courtney Mazzio
The eye that retail businesses must thread to avoid data breach class actions just got a little narrower in Pennsylvania.
In a decision issued this month in In re Rutter’s Data Sec. Breach Litig.…
An Arbitration Clause May Present A Defense To A Data Breach Class Action – But At What Cost?
6/10/20
By: Bill Cheney
A common defense strategy in response to data privacy and security class actions is to file a motion to compel arbitration. The arbitration forum has a number of advantages, including efficiency, speed, lower costs, expertise, and confidentiality, …
5/18/20
By: Kevin Kenneally, Janet Barringer and William Gildea
In a further blow to class action claimants and lawyers, a Massachusetts Superior Court Judge recently ruled a car salesman could not arbitrate Wage Act claims on behalf of coworkers absent …
Federal Securities Laws: Has the 9th Circuit Gone Rogue Again?
2/4/19
By: John Goselin
On January 4, 2019, the United States Supreme Court decided to hear an appeal from the Ninth Circuit’s April 20, 2018 decision in Varjabedian v. Emulex Corporation, 888 F.3d 399 (9th Cir. 2018). The Supreme …
11/15/18
By: Michael Hill
Navigating the laws for paying tipped employees just got a little easier. In a new opinion letter, the U.S. Department of Labor (“DOL”) effectively nullified the “80/20 Rule,” which divided courts throughout the country and became …
10/10/18
By: Laura Flynn
In O’Connor v. Uber, a case in which California Uber drivers assert they should be categorized as employees rather than independent contractors, the Ninth Circuit Court of Appeals recently issued an order reversing the district court’s denial …
9/14/18
By: Seth Kirby
For the legal professional, careful and appropriate selection of insurance is an essential component of practice management. When faced with potential liability for an alleged mistake, attorneys should want the safety and security of relying upon their …
8/9/18
By: Layli Eskandari Deal
A lawsuit filed by thousands of detained immigrants held at the Northwest Detention Center (NWDC) in Tacoma, Washington alleges systematic wage theft by GEO Group, Inc. The Plaintiffs seek to recover wages under the Washington Minimum …
Arbitration Agreement Litigation Wins Continue to Fall Like Dominoes for Pizza Hut
6/26/18
By: Tim Holdsworth
Following the Supreme Court’s opinion in Epic Systems that class and collective actions waivers in arbitration agreements are enforceable, a federal court recently granted a motion to compel arbitration to one of the nation’s largest Pizza Hut …
Google, The Supremes & Cy Pres
6/14/18
By: Samantha Skolnick
At the end of April, the U.S. Supreme Court accepted a certiorari petition in the case Frank v. Gaos, No. 17-961, 2018 WL 324121 (U.S. Apr. 30, 2018). The Supreme Court will determine if a class-action …
High Court OKs Employers' Use of Class Waivers
5/23/18
By: Paul Derrick
Class action waivers in employment arbitration agreements are enforceable under the Federal Arbitration Act (FAA), says the U.S. Supreme Court in a much-anticipated decision.
The Supreme Court’s long-awaited decision resolves a circuit split on whether class or …
9th Circuit Holds Inadmissible Evidence May Support Class Cert
5/17/18
By: Ted Peters
Courts around the country are split over whether admissible evidence is needed to support a class certification. The Fifth Circuit requires it, and the Seventh and Third Circuits appear to be of the same opinion. In contrast, …