10/2/17
By: Owen T. Rooney
In J.M. v. Huntington Beach Union High School District, 2017 Lexis 2017, the California Supreme Court ruled that a minor plaintiff was required to comply with the time requirements for petitioning a court for relief …
Author: Sean Carroll
9/29/17
By: William H. Buechner, Jr.
The Eleventh Circuit has ruled that a voicemail message left by a debt collector constitutes a “communication” under the Fair Debt Collection Practices Act. However, the Eleventh Circuit also ruled that a debt collector is …
Presidential Proclamation on Expanded Travel Ban
9/29/17
The President announced a revised travel ban on September 24, 2017. The new travel ban removes Sudan from the list but adds 3 additional countries to the list. Each designated Country has specific restrictions and they …
EEOC Lawsuit for Disability and Genetic Information Discrimination is Cautionary Tale for Employers
9/28/17
By: Paul H. Derrick
The Equal Employment Opportunity Commission is seeking back pay, compensatory damages, punitive damages, and injunctive relief against one of the nation’s largest retailers for withdrawing job offers to applicants whose post-offer medical examinations revealed they had …
Pa. County Didn't Willfully Violate FLSA
9/28/17
The Third Circuit has ruled that Pennsylvania’s Lackawanna County didn’t willfully violate the Fair Labor Standards Act when it failed to pay overtime to workers who performed multiple part-time jobs.
Souryavong and Rolon were among a …
9/27/17
By: William H. Buechner, Jr.
Last week, the Department of Education formally withdrew the controversial “Dear Colleague” Letter on Sexual Violence issued in 2011 and the 2014 Questions and Answers on Title IX Sexual Violence. As discussed in our recent …
Ranking the State Courts: Is the Litigation Environment Getting Better?
9/26/17
By: Jacob E. Daly
Earlier this month, the U.S. Chamber Institute for Legal Reform (“ILR”) published the results of its 2017 lawsuit climate survey. Participants in the survey were 1,321 in-house attorneys and other senior executives at companies with at …
Equifax and SEC are Latest Victims of Cyber Attacks
9/25/17
By: Amy C. Bender
Two more powerhouses have fallen victim to a data breach.
News of the cyber attack on Equifax spread like wildfire, causing fear in the minds of credit holders everywhere as well as an almost immediate wave …
Medical Expert Witness Reports in California: When to Produce Them…and When Not To
9/20/17
By: Jon H. Tisdale
We are all familiar with the mandate that a defense medical examination report, the so-called “IME”, must be produced upon written request by the patient’s attorney. California law requires production 30 days after the demand (or …
Asking Applicants' Salary History Likely to be Prohibited
9/15/17
By: Jennifer L. Sommer
AB 168, likely to pass into California law in 2017, would ban California employers from asking job applicants about their salary history. The bill would apply to all employers, including state and local governments. However, only …
Another Extension of the EB-5 Regional Center Program
9/14/17
By: Kenneth S. Levine
A continuing resolution entitled H.R. 601 was signed a few days ago by President Trump. The primary purpose of this latest CR was to approve an allocation of funding for federal government operations through December 8, …
9/13/17
By: Paul H. Derrick
The National Labor Relations Board is at it again. A recently-released memorandum from the Board’s Division of Advice reveals that the Office of the General Counsel directed one of the NLRB’s regional offices to issue two …