The Bottom Line In a significant development for the Corporate Transparency Act (CTA), the U.S. Supreme Court has stayed one nationwide injunction, while a second nationwide injunction remains in effect, further complicating the legal landscape for businesses. Timeline: Prior CTA Continue Reading
Federal Court Strikes Down FTC Non-Compete Rule
The Bottom Line We have previously issued alerts concerning the Federal Trade Commission’s (FTC) rule banning most employee and independent contractor non-competes (the Rule) (May 6, 2024, January 26, 2023) and come to you now with a major update. On August 20, 2024, the federal court in Continue Reading
The Supreme Court Lowers the Bar Employees Must Meet to Establish “Harm” for Discrimination Claims Under Title VII
The Bottom Line The Supreme Court of the United States recently addressed the standard to be applied to claims of discriminatory job transfers under Title VII, holding that an employee challenging a job transfer under Title VII must show that the transfer brought about some harm with respect Continue Reading
Stay, Stay, Stay – The Supreme Court Rules Litigation is Automatically Stayed Pending an Appeal on Arbitrability
The Bottom Line The U.S. Supreme Court rules that lower court proceedings must be put on hold while an appeal is pending over whether the matter should be arbitrated.Businesses that regularly include arbitration clauses in agreements will no longer be forced to continue litigating cases while an Continue Reading
Strafford Publications, Inc. Webinar | 2022 ERISA Fiduciary Duty Litigation
Mark E. Bokert, Davis+Gilbert partner and Benefits + Compensation co-chair, will be on a panel during a Strafford Publications, Inc. interactive webinar entitled "2022 ERISA Fiduciary Duty Litigation: SCOTUS Ruling in Hughes v. Northwestern University, Strategies for Counsel" on April 13 at Continue Reading
Supreme Court Finds Google’s Copying of Oracle’s APIs a Fair Use
The Bottom Line A recent Supreme Court decision has finally put an end to the longstanding fight between Oracle and Google concerning Google’s use of Oracle’s copyrighted Java Application Programing Interfaces (APIs). The Supreme Court’s decision held that, contrary to the decision by the Continue Reading
FTC Can No Longer Seek Monetary Penalties for Violations of Unfair or Deceptive Practices
The Bottom Line The Supreme Court has found that the Federal Trade Commission (FTC) can no longer rely on Section 13(b) of the Federal Trade Commission Act (FTC Act) in order to seek monetary penalties for violations of Section 5 of the FTC Act for “unfair methods of competition” and “unfair or Continue Reading
Supreme Court Narrows Definition of Autodialer in Facebook Ruling
The Bottom Line The U.S. Supreme Court released its eagerly anticipated decision in Facebook Inc. v. Duguid yesterday, narrowly construing the definition of an automatic telephone dialing system, or autodialer, under the Telephone Consumer Protection Act (TCPA) and resolving the Continue Reading
After Electoral Dysfunction, What Subprime Auto Can Expect From a Biden Administration
Patent Troll Activity Likely to Continue to Rise
7th Edition: Trends in Marketing Communications Law For nearly half a decade, patent troll suits have been on the decline. Indeed, as we reported last year, the Supreme Court has gone out of its way to curb the worst patent troll abuses in order to protect innovators and call the viability of Continue Reading