Category Archives: Litigation

Litigation Class Action

For Whom the Class Tolls: “No Piggybacking Rule” Does In Would-Be Class in Ongoing Wal-Mart Saga

In 2011, the United States Supreme Court issued its landmark decision in Wal-Mart Stores, Inc., v. Betty Dukes, et al., decertifying a putative class of approximately 1.6 million current and former female Wal-Mart employees who claimed gender discrimination in wages and promotions in violation of Title VII. 564 U.S. 338 (2011).  The Court reversed the …

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Climate Change, Donald Trump Campaign finance election law

Trump Continues Focus on State Prosecutorial Experience in United States Attorney Nominations

On June 29, 2017, President Donald Trump made his second group of nominations of prospective United States Attorneys. With the eight lawyers he nominated earlier in June, this group brings the current number of Trump’s United States Attorney nominations to seventeen – around 20% of the total number of positions. The nine lawyers he nominated …

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Defendants’ Timing Defense to DTSA Claims Faces Mixed Results

trade secrets

With the law’s first anniversary in the rear view mirror, defendants have established a viable defense to claims arising under the Defend Trade Secrets Act (“DTSA”) – a plaintiff may be precluded from bringing a claim under DTSA if it only alleges facts that show acts of misappropriation occurring prior to May 11, 2016 (the …

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Employer No-Recording Policies May Violate NLRA Says the Second Circuit

On June 1, 2017, the U.S. Court of Appeals for the Second Circuit, which covers Connecticut, New York and Vermont, upheld a National Labor Relations Board (“NLRB”) finding that Whole Foods Market Group, Inc.’s no-recording policy was overbroad and violated the National Labor Relations Act (“NLRA”). In Whole Foods Market Group, Inc. v. NLRB, Whole Foods’ …

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Widespread Use of GOOGLE Trademark as a Verb Does Not Render the Mark Generic

Google patent infringement

On May 16, 2017, the United States Court of Appeals for the Ninth Circuit held that widespread use of the word “google” as a verb for “searching the internet” – as opposed to use as an adjective for a brand of internet search engine – was insufficient to establish that GOOGLE ceased to function as …

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border-wall DHS prototype

Fourth Circuit Ruling Continues Star-Crossed Fate of Trump Administration Travel Ban

On May 25, 2017 the U.S. Court of Appeals for the Fourth Circuit upheld a lower court’s nationwide injunction against the Trump administration’s executive order (EO) suspending entry into the United States of foreign nationals from six designated countries: Iran, Libya, Somalia, Sudan, Syria, and Yemen. This ruling maintains the current status quo under which …

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San Mateo Gardens Teaches College District a Lesson on Picking Thorny Subsequent Review Procedure

California

The California Supreme Court recently addressed an important California Environmental Quality Act (CEQA) issue: Who decides whether CEQA’s subsequent review provisions are applicable when there are changes to an adopted project? Subsequent review provisions include a subsequent Environmental Impact Report (EIR) or Negative Declaration (ND), a supplemental EIR, or an addendum to an EIR or …

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Discrimination

Fox News Lawsuits Highlight Importance of Workplace Culture

Employers should take note of the position Fox News is in due to the proliferation of recent lawsuits against the network by numerous current and former employees. To be clear and fair, the lawsuits only involve allegations at this time – nothing has been proven at trial, or otherwise.  Indeed, Fox News has denied the …

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Sanctions Imposed for Failure to Preserve Call Recordings

Sec. Alarm Fin. Enters., L.P. v. Alarm Protection Tech., LLC, No. 3:13-cv-00102-SLG, 2016 WL 7115911 (D. Alaska Dec. 6, 2016) In this case, Plaintiff was sanctioned pursuant to Rule 37(e), as amended on December 1, 2015, for its failure to preserve relevant customer call recordings. Plaintiff alleged that Defendant had “illegally ‘poached’” its customers and …

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Litigation for Non-Litigious Company [VIDEO]

Press Millen and Sonya Pfeiffer examine how in-house counsel, CEOs, and other executives can prepare for litigation and avoid litigation mistakes that may prove costly. The eight pitfalls of litigation that companies want to avoid are laid out in this episode. Press Millen is a veteran of complex commercial litigation, with particular experience in antitrust, unfair …

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