Newsletters

08.29.19

Individualized Issues Defeat Class Certification in Illinois

A Telephone Consumer Protection Act (TCPA) defendant was able to overcome the plaintiff’s attempt to certify a nationwide class by demonstrating the need for individualized analysis in a decision from an Illinois federal court.


08.29.19

Stakeholders Weigh In on Call Blocking

In response to the Federal Communications Commission’s (FCC) adoption of a new rule requiring carriers to block robocalls—and accompanying request for comment—stakeholders urged the agency to be flexible in its adoption of the changes and provide broad coverage under the safe ...


08.29.19

Manatt’s Continuing Coverage on Significant Post-ACA International Developments

After a year marked with confusion surrounding the definition of what constitutes an automatic telephone dialing system (ATDS), courts remain split.


08.29.19

New York Dramatically Expands Harassment Protections

On August 12, Governor Cuomo signed sweeping new legislation toughening and substantially broadening New York’s sexual harassment protections.


08.27.19

Two California Supreme Court Cases to Keep an Eye On

The U.S. Court of Appeals for the Ninth Circuit has certified two cases to the California Supreme Court on issues with the potential for major impact on employers in the state: meal and rest break policies and the retroactive effect of the landmark Dynamex Operations West, Inc. v. Superior Court of ...


08.27.19

SEC’s Whistleblower Program Reaches New Heights

The Securities and Exchange Commission (SEC) announced an award to an overseas whistleblower, with the $500,000 payout bringing the total amount awarded under the program to roughly $385 million.  


08.27.19

EEOC Can’t Mess With Texas, Fifth Circuit Says

The U.S. Court of Appeals for the Fifth Circuit sided with Texas in its challenge to the Equal Employment Opportunity Commission’s (EEOC) guidance for employers on the use of criminal records in hiring.  


08.27.19

Court Takes Points Off for Employer’s FMLA Violation

An employee’s lawsuit alleging violations of the Family and Medical Leave Act (FMLA) will move forward after the U.S. Court of Appeals for the Sixth Circuit found the employer’s point system effectively violated the plaintiff’s statutory rights.  


08.27.19

Courts, Not Arbitrators, Decide Gateway Issue of Class Proceedings

Who should decide the gateway issue of whether an arbitration agreement permits class proceedings? Courts, not arbitrators, the U.S. Court of Appeals for the Fifth Circuit has concluded, joining the Fourth, Sixth, Seventh, Eighth, Ninth and Eleventh Circuits.


08.05.19

Fourth Circuit Affirms $61M Award Against Dish

Affirming a North Carolina federal court’s judgment awarding $61 million in damages for Telephone Consumer Protection Act (TCPA) violations, the U.S. Court of Appeals, Fourth Circuit, rejected Dish Network’s attempts to evade the award.