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Using Int'l Discovery Statute After High Court Limits Its Scope

Law360 has published “Using Int'l Discovery Statute After High Court Limits Its Scope” The article discusses foreign litigants’ use of U.S.-based discovery procedures pursuant to Section 1782 of the U.S. Code, as well as...more

NLRB GC Memo Says Certain College Athletes Are Employees, Have Right to Unionize

Key Points - The NLRB’s General Counsel issued a memorandum providing her position that the NLRA protects student-athletes who “perform services for their colleges and the NCAA, in return for compensation” and are...more

ESG: European Regulators Seek Clarification on the Application of the Sustainable Finance Disclosure Regulation

European financial supervisory authorities have requested the European Commission to clarify key areas of ambiguity regarding the scope and application of the Sustainable Finance Disclosure Regulation (SFDR), including its...more

Conflicting Decisions Under 28 U.S.C. § 1782: How Should International Commercial Arbitration Deal With the Shifting Landscape?

On December 7, 2020, parties and practitioners in international commercial arbitration came one step closer to resolving the threshold question of the applicability of 28 U.S.C. § 1782 to international commercial tribunals....more

Higher Education Institutions Should Prepare for Fallout from COVID-19

- Universities across the country have shuttered their campuses and moved classes online in reaction to the novel coronavirus outbreak, but may be the targets of class actions from students as a result. - Public and...more

Federal Protections Against Liability for Businesses Combatting COVID-19

- Federal emergency authorities targeting COVID-19 provide important protections to businesses for certain actions in connection with the national response to the public health crisis. - The protections include immunity...more

Courts Not Hesitating to Reject Federal Agencies’ Faulty Regulatory Interpretations Since Kisor v. Wilkie

- Federal agencies’ regulatory interpretations falling short of the standards laid out in Kisor are not surviving judicial review. - Courts are closely scrutinizing regulations to determine if they are genuinely...more

The March to Cancel: Contract and Insurance Implications of Coronavirus-Related Event Cancellations

On March 11, the World Health Organization (WHO) declared COVID-19 a global pandemic. The same day, the National Basketball Association, Major League Baseball, National Hockey League and Major League Soccer all suspended...more

Washington State Lawmakers Divided Over Private Right of Action and Other Relief in Dueling Data Privacy Bills

- The Washington state Senate has passed its version of a consumer data privacy bill as state lawmakers debate proposed legislation for the Washington Privacy Act, the state’s first data privacy law. - In their own bill,...more

New Autonomous Vehicle Legislation Proposed—What You Should Know

• In October, the House Energy and Commerce Committee and the Senate Commerce, Science and Transportation Committee unveiled a partial discussion draft of autonomous vehicle (AV) legislation. The draft text addresses safety...more

Courts Should Decide Whether Federal Arbitration Act Applies, Even if Arbitration Agreement Delegates Such Questions to Arbitrator

• The Supreme Court held that courts should determine whether disputes are excluded from arbitration under the FAA, even if the parties agreed that arbitrators should decide all questions of arbitrability. • The Court...more

Bargained-For Consent: An Increasingly Viable Defense to TCPA Claims

• In most TCPA cases, a threshold question is whether a called party has provided prior express consent to receive calls (or texts) using an automatic telephone dialing system. • While numerous courts have ruled that a party...more

California Passes Landmark Consumer Privacy CCPA—What it Means for Businesses

• California recently passed the landmark California Consumer Privacy Act that goes into effect in 2020, which grants California residents new privacy rights. • The CCPA creates a private right of action for California...more

ACA International v. F.C.C., et al.

• The D.C. Circuit reviewed a 2015 FCC order that interpreted the TCPA’s prohibition against using automated dialing devices to make unsolicited calls to cellular telephones. The court set aside two portions of the 2015 Order...more

U.S. Department of Justice Will Likely Become More Active in Reviewing Proposed Class Action Settlements

• The DOJ has streamlined its process for reviewing CAFA settlement notices. • The DOJ will likely become more aggressive in reviewing class action settlements for fairness, reasonableness and conformity with DOJ policy...more

Judge Dismisses Nationwide Class Claims for Lack of Jurisdiction Following Bristol-Myers

• A judge in the Northern District of Illinois held that the U.S. Supreme Court’s decision in Bristol-Myers Squibb Co. v. Superior Court of California, 137 S. Ct. 1773 (2017) is applicable to personal jurisdiction...more

The 9th Circuit Adopts the “Ordinary Person” Standard for “Personally Identifiable Information” Under The Video Privacy Protection...

• The 9th Circuit affirmed the dismissal of a putative class action alleging that ESPN disclosed “personally identifiable information” in violation of the Video Privacy Protection Act of 1988 (VPPA) by knowingly disclosing to...more

9th Circuit Clarifies Standard For Article III Standing Based On Statutory Violations

On August 15, 2017, the 9th Circuit, in Thomas Robins v. Spokeo, Inc., reversed the district court’s dismissal of an action alleging willful violations of the Fair Credit Reporting Act (FCRA), 15 U.S.C. § 1681 et seq. The 9th...more

District of Columbia Court of Appeals Adopts FRE 702 as the Legal Standard for the Admissibility of Expert Testimony

Key Points - - The District of Columbia Court of Appeals has adopted Federal Rule of Evidence 702 as the legal standard for determining the admissibility of expert testimony in the District of Columbia in all cases,...more

The Defend Trade Secrets Act of 2016: Trade Secrets Receive Uniform Federal Protection

If you read one thing… - A new federal law provides a cause of action for the misappropriation of trade secrets. - The statute provides significant new remedies, including potential royalties for the misuse of...more

Spokeo v. Robins: Statutory Violation Does Not Automatically Create a Case or Controversy Under Article III

Earlier this week, the Supreme Court issued its highly anticipated decision in Spokeo v. Robins (see our previous posts on the case and oral argument). The United States Supreme Court held that a plaintiff must show that an...more

The Defend Trade Secrets Act of 2016: Trade Secrets Receive Uniform Federal Protection - Hedge Up: A Heads-Up on Employment...

If you read one thing… - A new federal law provides a cause of action for the misappropriation of trade secrets. - The statute provides significant new remedies, including potential royalties for the misuse...more

New Trade Secret Protections to Become Law

After several years of consideration of possible civil federal trade secret legislation in Congress, the Defend Trade Secrets Act of 2016 (S. 1890) passed with significant bipartisan support in the Senate on April 4, 2016...more

Is Your Privilege On Target? Lessons in Protecting Privilege from the Target Data Breach

The Target data breach has been the source of countless discussions of what to do and what not to do following a data breach. A recent ruling from the federal district court overseeing the consumer class action provides...more

Supreme Court Hears Argument in Spokeo, a Case That Could Impact Many Statutory-Damages Class Actions

Article III of the U.S. Constitution extends the federal judicial power only to “Cases” and “Controversies.” The Supreme Court has long held that no case or controversy exists unless the party invoking federal jurisdiction...more

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