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1
California Employment Law Notes - September 2019 Edition
In the most recent chapter of the ongoing saga regarding the enforceability of arbitration agreements in California, the California Supreme Court ...
United States
20 Sep 2019
2
Three Point Shot - September 2019 Edition
Welcome to Three Point Shot, a newsletter brought to you by the Sports Law Group at Proskauer. Three Point Shot brings you the latest in sports law-related news ...
United States
20 Sep 2019
3
In Blockbuster Ruling, Ninth Circuit Affirms hiQ Injunction — CFAA Claim Likely Not Available For Scraping Publicly Available Website Data
In a ruling that is being hailed as a victory for web scrapers and the open nature of publicly available website data, the Ninth Circuit today issued its long-awaited opinion
United States
11 Sep 2019
4
NLRB Greenlights Aggressive Response To Class Action Filings
On August 14, 2019, the National Labor Relations Board (the "Board") held that employers may require employees to waive their right to join class and collective actions
United States
10 Sep 2019
5
[Podcast]: New York State Expanded Protections Against Workplace Harassment
In this episode of The Proskauer Brief, partner Evandro Gigante and associate Arielle Kobetz discuss the recent developments out of New York State,
United States
3 Sep 2019
6
Ninth Circuit Overturns Precedent And Sends ERISA Claims To Individual Arbitration
In a case of first impression, the Ninth Circuit overturned 35 years of precedent and ruled that ERISA class action claims brought on behalf of an ERISA plan are subject to individual arbitration.
United States
2 Sep 2019
7
Plaintiff Fails To Butter Up Court With Mashed Potato Suit
We have previously written about decisions addressing food product labels, and the messages that these labels convey about the products' ingredients
United States
30 Aug 2019
8
Substantial Changes Ahead For Illinois Employers In 2020 Relating To Sexual Harassment Training, Mandatory Arbitration Agreements, And More
On August 9, 2019, Governor Pritzker signed into law Public Act 101-0221 (the "Act"), which enhances protections against workplace sexual harassment and discrimination.
United States
26 Aug 2019
9
Third Circuit Discusses Important Differences Between Board Observers And Directors
The Third Circuit recently issued an important decision for private fund advisors who serve on corporate boards.
United States
23 Aug 2019
11
Recent Rulings Highlight Limits Of CDA Immunity In Products Liability Cases Against E-Commerce Platforms
In early July, an appeals court ruled that Amazon should be considered a "seller" of goods under Pennsylvania products liability law and subject to strict liability
United States
19 Aug 2019
12
District Court Denies Motion To Dismiss Mental Health Parity Act Putative Class Action
In the latest volley between participants and group health plans over mental health services coverage, a federal district court in California denied United Healthcare's motion to dismiss a putative class action ...
United States
15 Aug 2019
13
Finding Article III Standing, Ninth Circuit Declines To Do An About-Face In Illinois Biometric Privacy Class Action Against Facebook
In an important opinion, the Ninth Circuit affirmed a lower court's ruling that plaintiffs in the ongoing Facebook biometric privacy class action have alleged a concrete injury-in-fact to confer Article III standing and that the class was properly certified.
United States
13 Aug 2019
14
Federal Court Dismisses Arizona School District's Appeal To End Desegregation Order
Last week, the Court of Appeals for the Ninth Circuit granted a request by Proskauer and our co-counsel, the Mexican American Legal Defense and Educational Fund (MALDEF) to block efforts
United States
12 Aug 2019
15
Tenth Circuit Upholds Denial Of Residential Mental Health Treatment
The Tenth Circuit upheld a claims administrator's decision denying a claim for residential mental health treatment as not medically necessary.
United States
8 Aug 2019
16
Court Lets Trader Joe's Out Of Sticky Situation Over Honey Advertising
A magistrate judge in the Northern District of California recently dismissed a putative class action alleging that Trader Joe's misled its consumers about the purity of its manuka honey.
United States
2 Aug 2019
17
New Jersey Expands Medical Marijuana Protections
CUMMA, which was signed into law on January 18th, 2010, legalized the use of medical marijuana for New Jersey residents suffering from a debilitating medical condition.
United States
1 Aug 2019
18
Whistleblower Challenges Delayed Bounty Award
In a petition for a writ of mandamus filed on April 29, 2019 with the U.S. Court of Appeals for the D.C. Circuit, an unidentified whistleblower who claims to have tipped the SEC to alleged violations
United States
31 Jul 2019
19
Ticketmaster Reaches Settlement With Ticket Broker Over Unauthorized Use Of Automated Bots
In early July, Ticketmaster reached a favorable settlement in its action against a ticket broker that was alleged to have used automated bots to purchase tickets in bulk,
United States
30 Jul 2019
20
New York Court Finds Warhol Series To Be Fair Use Of Prince Photograph
Earlier this month, in The Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith, No. 17-cv-2532 (S.D.N.Y. July 1, 2019),
United States
30 Jul 2019
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