• 04.17.19

    Level-of-Care Criteria Ruled Inconsistent with Accepted Medical Standards

    In perhaps the first decision of its kind, Magistrate Judge Joseph Spero of the Northern District of California issued on February 28, 2019 his 106-page Findings of Fact and Conclusions of Law (Order) in the ERISA class action Wit v. United Behavioral Health.

  • 04.04.19

    FCA Cases: Convincing DOJ to Move to Dismiss

    Recent actions by the DOJ suggest that although the DOJ may continue to prosecute certain relators’ FCA cases, other relators may find themselves on the other side of a government motion to dismiss.

  • 04.02.19

    Washington State Appears Next in Line for Comprehensive Privacy Legislation

    Since the passage of the California Consumer Privacy Act (CCPA) in June 2018, over a dozen other states have moved to enact similar comprehensive privacy legislation.

  • 03.27.19

    DOL Steers Middle Course With White Collar Exemption Proposal

    After several years and much uncertainty, the Department of Labor (DOL) published a new proposed rule that would raise the annual minimum salary requirement for the Fair Labor Standards Act (FLSA) “white collar” overtime exemption to $35,308, or $679 per week.

  • 03.27.19

    DOL Issues Proposed New Salary Thresholds for Exempt Employees

    As expected, on March 7, 2019, the U.S. Department of Labor issued a Notice of Proposed Rulemaking which, if adopted, would raise the minimum salary thresholds for the FLSA’s “white collar” and “highly-compensated” exemptions.

  • 03.26.19

    Significant Post-ACA International Developments

    On March 16, 2018, the U.S. Court of Appeals for the D.C. Circuit released its hotly anticipated decision in ACA Int’l v. FCC.

  • 03.26.19

    Medical Fax More Than Recruitment, Could Be an Ad, Says WDNY Judge

    Finding that a fax promoting the commercial availability of the defendant’s referral and discount network could be an unsolicited advertisement, a federal court in the Western District of New York denied the defendant’s motion to dismiss in Lackawanna Chiropractic v. Tivity Health ...

  • 03.26.19

    Text Broadcaster May Be Liable Under TCPA, Says Nevada Federal Judge

    In February 2019, Twilio, a cloud communications software company, was unable to convince a Nevada federal court to dismiss a putative Telephone Consumer Protection Act (TCPA) class action filed against the company and a Las Vegas-based theater company that had engaged Twilio’s services, as ...

  • 03.26.19

    Texting Platform Company Defeats Summary Judgment in Texas

    In Franklin v. Upland Software Inc., a federal magistrate judge in Texas denied a summary judgment motion against a texting software platform, finding that the platform could not be held liable under the Telephone Consumer Protection Act (TCPA).

  • 03.26.19

    Caribbean Cruises Away From Class Certification in Illinois Federal Court

    Caribbean Cruise Line—a frequent subject of this newsletter—sailed away from class certification in another putative Telephone Consumer Protection Act (TCPA) class action, successfully persuading a federal judge in the Northern District of Illinois that the plaintiff was an inadequate ...