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Searching Content indexed under Trials & Appeals & Compensation by Seyfarth Shaw LLP ordered by Published Date Descending.
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1
The 2020 Annual Workplace Class Action Litigation Report Is Right Around The Corner!
Seyfarth Synopsis: Happy Holidays to our loyal readers of the Workplace Class Action Blog! Our elves are busy at work this holiday season in wrapping up our start-of-the-year kick-off publication...
United States
5 Dec 2019
2
A Little Knowledge Is a Dangerous Thing: Beware the Statute of Limitations in Trade Secrets Misappropriation Cases
Knowledge that a competitor or former employee is misappropriating trade secrets is difficult to come by.
United States
5 Dec 2019
3
Beware Of The "Overshare": Construe Requests For ERISA Plan Documents Narrowly!
Seyfarth Synopsis: Administrators of ERISA plans frequently receive requests from participants, beneficiaries, and their representatives for plan-related documents.
United States
5 Dec 2019
4
New Decision Regarding Discovery In Aid Of Foreign Litigation
In a much-anticipated opinion, Judge George B. Daniels of the United States District Court for the Southern District of New York recently affirmed the decision of a magistrate judge regarding the ...
United States
4 Dec 2019
5
Are You Stuck In Bankruptcy Court If Stay Relief Is Denied?
You've been slugging it out with your opponent in state court for years.
United States
27 Nov 2019
6
Fifth Circuit Provides New Grounds For Employers To Pursue Late Notices Of Contest To OSHA Citations
The United States Court of Appeals for the Fifth Circuit held that an untimely Notice of Contest to an OSHA citation was permissible due to "excusable neglect" by the employer, on account of a single unforeseen human error.
United States
27 Nov 2019
7
Who Has Authority? Risks In Signing Contracts With Foreign Sovereigns
Imagine your client, a real property owner, asks you to draft an enforceable agreement with the owner of the neighboring property. It seems relatively easy, right?
United States
27 Nov 2019
8
Ninth Circuit Rules That Users, Not Consumers, Must Prove An Authorized Purpose For Obtaining A Consumer Report
In June 2016, Plaintiff Freshta Nayab discovered that a banking institution had made several inquiries on her Experian credit report.
United States
26 Nov 2019
9
New Chair Of The EEOC Begins To Make Her Mark: A Look At The EEOC's Inaugural Agency Financial Report
On November 19, 2019, the EEOC released its inaugural "Agency Financial Report"for Fiscal Year 2019. Substantively, the AFR is a data compilation regarding the EEOC's financial health, initiatives, and guiding principles.
United States
26 Nov 2019
10
Klocke's Ongoing Viability: Whether The TCPA's Statutory Changes Have Resurrected Its Applicability In Federal Court
On August 23, 2019, the United States Court of Appeals, Fifth Circuit ruled that the Texas Citizen's Participation Act
United States
25 Nov 2019
11
Challenge To North Dakota Farm Equipment Dealer Statute May Give New Life To Contract Clause Arguments By Manufacturers
Article I, Section 10, Clause 1 of the United States Constitution provides that "[n]o state shall . . . pass any . . . Law Impairing the Obligation of Contracts . . . ."
United States
22 Nov 2019
12
Texas Courts Shield Employers From Respondeat Superior Claims.
As a consultant for Druid Drilling Solutions, Daniel Delos often travels hundreds of miles away from his home in Houston to operators' oil and gas well sites in West Texas.
United States
21 Nov 2019
13
Federal Website Access Lawsuit Numbers Increase 7 Percent in 2019, With Possible Bump from Supreme Court Denial of Cert in Domino's
Seyfarth Synopsis: Website accessibility lawsuit filings in federal court in 2019 are on track to exceed 2018.
United States
11 Nov 2019
14
Can A Party Recover Damages For The Anticipated Future Use Of Trade Secrets?
Courts have long lamented that "computing damages in a trade secret case is not cut and dry," Am. Sales Corp. v. Adventure Travel, Inc., 862 F. Supp. 1476, 1479 (E.D. Va. 1994), ...
United States
29 Oct 2019
15
Eleventh Circuit Dismisses TCPA Claim For Lack Of Standing Where Plaintiff Allegedly Received A Single Unsolicited Text Message
The chirp, buzz, or blink of a cell phone receiving a single text message is more akin to walking down a busy sidewalk and having a flyer briefly waved in one's face.
United States
25 Oct 2019
16
Another Caremark Duty-To-Monitor Suit Survives Motion To Dismiss In Delaware
Seyfarth Synopsis: The Delaware Chancery Court's October 1 In re Clovis decision1 marks the second time in 2019 that a Delaware court has permitted a Caremark duty-to-monitor derivative ...
United States
24 Oct 2019
17
Dealer Management System Providers Join The Fray In Dispute Over Proper Scope Of State Dealer Laws
The two leading Dealer Management System ("DMS") providers in the United States—CDK Global, LLC ("CDK") and The Reynolds & Reynolds Company ("Reynolds")—have filed suit in federal court in Arizona...
United States
22 Oct 2019
18
Supreme Court Hears Landmark Cases On Title VII Sexual Orientation And Gender Identity Discrimination
On October 8th, the Supreme Court heard oral argument in a trio of cases that may decide whether Title VII prohibits discrimination on the basis of sexual orientation and gender identity.
United States
16 Oct 2019
19
New Limitations On Confessions Of Judgment In New York
A procedural device known as a "confession of judgment" has long been an important tool in New York state. Section 3218 of New York's Civil Practice Law and Rules ...
United States
11 Oct 2019
20
New York Judge Criticizes Plaintiff's ADA Firm For Refusing To Discuss Early Settlement And Engaging In Fee-Churning Litigation Tactics
Seyfarth Synopsis: Businesses are defending record numbers of ADA Title III cases every year. A recent decision in New York underscores the challenges...
United States
10 Oct 2019
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