Articles

09.08.16

Ninth Circuit Sides With NLRB on Class Waivers

Why it matters Siding with the National Labor Relations Board (NLRB), the Ninth Circuit Court of Appeals pushed the question of whether it violates the National Labor Relations Act (NLRA) to require employees to sign agreements precluding them from bringing concerted legal claims in any forum one ...


09.08.16

Judge Puts the Brakes on Uber's $100M Settlement

Why it matters The parties in the putative class action alleging that Uber drivers are employees and not independent contractors are back to square one after the judge overseeing the litigation refused to sign off on the proposed $100 million settlement. Just prior to trial, the parties reached a ...


09.08.16

Arbitration Agreement Not Binding, California Appellate Panel Affirms

Why it matters A California appellate court recently provided employers with a lesson in how not to structure an arbitration agreement in an employee handbook. January Esparza was given a handbook when she began working at Sand & Sea, Inc., that contained an arbitration provision. The handbook ...


09.08.16

Kardashians Accused of Failing to Keep up With FTC Regulations

The Kardashians are making headlines again, this time for allegedly violating the Federal Trade Commission guidelines on endorsements and testimonials in advertising.After reviewing the Instagram accounts of the Kardashian daughters, Truth in Advertising sent a letter to matriarch Kris Jenner and ...


09.04.16

Silence of the Arbitrators: Grounds for Russian Olympic Ban Have Not Yet Been Published

This past July 21 the Court of Arbitration for Sport, a/k/a the Supreme Court of Sport, issued an important media release: “The Court of Arbitration for Sport Rejects the claims/appeal of the Russian Olympic Committee and of 68 Russian Athletes.” The full arbitral award, which includes ...


09.02.16

The Supreme Court of Sport Needs to Be Reformed

The Court of Arbitration for Sport, known colloquially as the Supreme Court of Sport, has recently made some important decisions affecting one of the largest countries in the world, Russia. Whether the court has the competence to make such decisions is a serious question, as is whether those ...


09.01.16

Zipping Out of Court: D.C. Circuit Tosses Privacy Suit

In a victory for the defendants in a zip code class action, the D.C. Circuit Court of Appeals dismissed a case against Urban Outfitters and Anthropologie based on the retailers’ request that consumers provide zip codes at the time of purchase. Whitney Hancock and Jamie White made purchases ...


09.01.16

U.S. Olympic Committee Sued Over Social Media Olympic Rules

Although the 2016 Summer Olympics have come to an end, the U.S. Olympic Committee is still facing a lawsuit accusing it of “exaggerating” the strength of its legal rights to the detriment of advertisers.Prior to the Olympics, the USOC cautioned businesses to avoid “social ...


08.30.16

Russian Complaints About McLaren Report on Alleged State-Sponsored Doping Have Merit

The Russian Sports Minister recently claimed that the so-called McLaren report, which provided the basis for the banning of Russian athletes from the Olympics and Paralympics, would not stand up to legal criticism. Using as an example the U.S. legal system, in which I have worked for 45 years, I ...


08.30.16

Lessons Between the Lines in Fed's Final Guidance for Evaluating Climate Change Impacts in NEPA ...

On August 1, 2016, after nearly six years and two drafts, the White House Council on Environmental Quality (CEQ) issued a final version of its guidance for considering greenhouse gas emissions and the effects of climate change under the National Environmental Policy Act (NEPA) (Final ...