Newsletters

10.20.17

Employer Bound by Oral Contract, California Appellate Court Affirms

Upholding an oral contract, the California Court of Appeal agreed with an employee that she should be paid a commission for certain work—despite an employment letter that expressly stated it superseded any oral agreements.


10.18.17

Supreme Court to Hear Important Whistleblower Case

Must an employee “whistleblower” specifically provide information about alleged corporate misconduct to the Securities and Exchange Commission (SEC) in order to get protection under the anti-retaliation provisions of Dodd-Frank?


09.28.17

Looking Through an IP Lens at Blockchain and Cryptocurrency

With headline news ranging from J.P. Morgan CEO Jamie Dimon and Russian President Vladimir Putin to the Winklevoss twins and Floyd “Money” Mayweather, the hype surrounding cryptocurrency—think bitcoin, ethereum and an ever-expanding list of niche altcoins—has gone mainstream.


09.27.17

A Winner for the Defense

Judge Padova in the Eastern District of Pennsylvania recently granted a motion by Kohl’s to dismiss a putative Telephone Consumer Protection Act class action for lack of standing in Winner v. Kohl’s, finding that texting a specific opt-in code after viewing a “call to ...


09.21.17

More Obama-Era Policies—Pay Data Collection, Overtime Rule—Fall

Continuing the rollback of Obama-era policies, the Equal Employment Opportunity Commission (EEOC) hit pause on the collection of Employer Information Report (EEO-1) pay data and the battle over the Department of Labor’s (DOL) white collar overtime exemption rule came to an end.


09.18.17

Boycott Claims Dismissed for Applying Per Se Standard

In 2012, MCEP, a 26-bed adult acute care hospital, sued Premier, a not-for-profit corporation formed by a Joint Operating Agreement among Atrium Health System, Catholic Health Initiatives, MedAmerica Health Systems Corporation, Samaritan Health Partners and UVMC. MCEP alleged that the defendants ...


08.31.17

Court Shoots Down Officers’ FLSA Claim for Off-Duty Work

Chicago police officers seeking compensation for work performed using their mobile devices while the officers were off duty could not recover when their employer did not know the overtime work was not being reported or paid, the U.S. Court of Appeals, Seventh Circuit has ruled.


08.24.17

Lacking List of Recipients, Sixth Circuit Denies Class Certification

Finding that the question of consent in a Telephone Consumer Protection Act (TCPA) class action requires an individualized inquiry and without a list of recipients the class cannot be ascertained, the U.S. Court of Appeals, Sixth Circuit declined to certify a class of tens of thousands of ...


08.23.17

Using Statistical Sampling in False Claims Act Cases

The False Claims Act (FCA) is silent about whether statistical sampling may be used to prove a violation of the Act and, since the case law is varied, there are no clear rules about when or how statistical sampling evidence may be introduced.


08.23.17

By Antitrust Standards, When Is a Firm Really Failing?

The “failing firm” defense as a justification for permitting a merger that may otherwise lessen competition gets considerable play in healthcare transactions.