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Bradley Arant Boult Cummings LLP

The Best of Intentions: State Law Protections for Employee Cannabis Use May Not Protect Them After All

While not enough blogs these days quote Toad the Wet Sprocket lyrics, a recent decision from a federal appellate court holding that a would-be employee can suffer negative employment consequences for cannabis use even when...more

Saul Ewing LLP

Third Circuit Rules That Employees Cannot Sue Employers for Discrimination Based on Marijuana Use

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On December 9, 2024, the U.S. Court of Appeals for the Third Circuit held that New Jersey’s Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (“CREAMMA”) does not provide workers with a private...more

Cozen O'Connor

Change Healthcare Faces Nebraska Lawsuit After Cyberattack

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Nebraska AG Mike Hilgers filed a lawsuit against Change Healthcare Inc. and its owners and operators (collectively, “Change”)—which provide a data clearinghouse used by healthcare providers, pharmacies, and insurers—alleging...more

Katten Muchin Rosenman LLP

Kroger/Albertsons Ruling Provides Lessons for Merger Remedy Divestitures

On December 10, a federal court in Oregon issued a preliminary injunction against Kroger's proposed $24.6 billion acquisition of Albertsons, which would have been the largest supermarket merger in US history (Albertsons...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Hazardous Waste Enforcement: Tennessee Department of Environment and Conservation Proposed Order Addressing Dayton Specialty...

The Tennessee Department of Environment and Conservation (“TDEC”) issued a December 16th Proposed Order and Assessment (“Order”) to Cymer-Dayton, LLC (“CD”). See Case No. HWM 24-0022. The Order provides that CD conducts...more

WilmerHale

Readily Ascertainable - WilmerHale's Trade Secret Bulletin: October 2024

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Welcome to WilmerHale’s bulletin on recent trade secret case law and relevant news items. We’ve affectionately nicknamed it “Readily Ascertainable” because, unlike a trade secret, it should be easy to figure out....more

Bradley Arant Boult Cummings LLP

Crypto Fraud Victims Often Shortchanged Due to DOJ Regulation

Victims of cryptocurrency fraud often lose out to the government when it comes to recovering their losses. That is because of an obscure Department of Justice regulation that prioritizes the government’s right to keep...more

A&O Shearman

When illegal acts don’t drive away your claims

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In Ali v HSF Logistics, the Court of Appeal considered the illegality defence (aka ex turpi causa) that a claimant should not be able to pursue a cause of action arising from its own illegal act. It held that not having a...more

McDermott Will & Emery

For Deterrence: Inherent Power to the Rescue to Punish Meritless Lawsuit

McDermott Will & Emery on

The US Court of Appeals for the Federal Circuit affirmed a district court’s decision to use its inherent power to award deterrence sanctions for filing a nuisance patent infringement lawsuit. PS Products Inc. v. Panther...more

Ballard Spahr LLP

Federal Judge refuses to lift injunction blocking CFPB credit card late fee rule

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A Texas federal judge has refused to lift the preliminary injunction blocking the CFPB’s enforcement of its final rule that would require larger credit card issuers to lower their late fees to $8 and that would also permit...more

A&O Shearman

Raising the stakes on collective redundancy consultation protective award uplift and future changes

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In just over a month, employers will risk having to pay higher protective awards for collective redundancy consultation breaches where they also unreasonably fail to follow the Code of Practice on Dismissal and Re-engagement....more

Holtzman Vogel Baran Torchinsky & Josefiak

Union and Its PAC Hit with Hefty Penalty for Unauthorized Deductions and Failure to Provide Required Notices

A recent consent judgment issued by the U.S. District Court for D.C. provided a powerful reminder to corporate and labor union PACs that they must (1) obtain affirmative consent from employees before deducting amounts from...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

California Law Allowing Employers to Get Workplace Violence TROs Covering Harassment Takes Effect January 1, 2025

California employers will soon be able to more easily obtain temporary restraining orders (TROs) to protect employees from harassment before conduct has escalated to acts of violence or credible threats of violence under a...more

CDF Labor Law LLP

Think Beating a Settlement Offer Protects You? California’s Surprising Ruling Says Otherwise In Wage And Hour Context

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California employers may not be able to recover the costs of a lawsuit from prevailing employees in certain types of wage claims, even if they obtained a more favorable result after trial than their statutory offer to...more

Holland & Knight LLP

Litigating Commercial Lease Terminations, Part 1 of 2: Landlord's Perspective

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Commercial leases are a critical source of income and financial stability for property owners, but the current evolving economic environment presents many risks. One of the primary concerns is when a tenant falls behind on...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Hazardous Waste Enforcement: U.S. Environmental Protection Agency and Golden Meadow, Louisiana Port Services Facility Enter into...

The United States Environmental Protection Agency (“EPA”) and HOS Port, LLC (“HOS”) entered into an October 9th Consent Agreement and Final Order (“CAFO”) addressing alleged violations of the Resource Conservation and...more

Foley Hoag LLP - White Collar Law &...

Hospital Avoids Admissions in False Claims Act Settlement, While Repeat Relator and Government Cash in on Medical Necessity...

There was a noteworthy False Claims Act (FCA) settlement made public yesterday out of the Eastern District of California involving Oroville Hospital. The government accused the Hospital of submitting false claims to Medicare...more

Sheppard Mullin Richter & Hampton LLP

CFPB Seeks Input to Address Coerced Debt and Financial Abuse Under FCRA

On December 9, the CFPB announced its release of an advance notice of proposed rulemaking to gather information in preparation for the release of a proposed rule to address concerns related to information furnished to credit...more

Jones Day

Class Actions Worldview - A Study of Trends Around the Globe: A Compendium Of Jones Day’s Five-part Series Published In 2023 And...

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Class action procedures vary greatly among jurisdictions. These differences include how developed the procedures are; the types of claims parties can bring; the parties that can represent classes; whether classes are...more

Carlton Fields

Florida Appeals Court Decisions: Week of December 9-13, 2024

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U.S. Eleventh Circuit Court of Appeals - USA v. Armstrong - sentencing - MH v. Omegle.com - online sex trafficking, Marsha’s Law, FOSTA...more

DLA Piper

Germany: Update: Judgment on Non-Material Damages for Loss of Control Over Personal Data

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In its judgement of November 18, 2024 (case number VI ZR 10/24) the German Federal Court of Justice (Bundesgerichtshof – “BGH”) clarified key legal issues regarding claims for damages under Article 82 GDPR in the event of a...more

Kerr Russell

New Michigan Legislation Aims to Unravel Medical Liability Reform

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Over the past 30 years, the Michigan legislature has enacted several tort reform laws affecting medical malpractice, wrongful death and other personal injury cases. The goals of these reform laws, and particularly those...more

Troutman Pepper

October 2024 Consumer Litigation Filings: Everything Up

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According to a recent report by WebRecon, court filings under the Fair Credit Reporting Act (FCRA), Telephone Consumer Protection Act (TCPA), and Fair Debt Collection Practices Act (FDCPA), and complaints filed with the...more

Troutman Pepper

September 2024 Consumer Litigation Filings: Mostly Down For Month But Still Up YTD

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According to a recent report by WebRecon, court filings under the Fair Credit Reporting Act (FCRA), Telephone Consumer Protection Act (TCPA), and Fair Debt Collection Practices Act (FDCPA) were down for the month. Yet,...more

Fox Rothschild LLP

3rd Circuit Declines to Find Employment-Related Cause of Action in New Jersey’s Marijuana Laws

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The U.S. Court of Appeals for the 3rd Circuit issued an opinion earlier this week that will have significant ramifications on the abilities of plaintiffs to bring employment-related disputes arising out of New Jersey’s...more

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