Newsletters

03.06.19

Transfers of EU Personal Information Under a No-Deal Brexit Scenario

March 29, 2019, less than 30 days from now, is the date the United Kingdom is scheduled to leave the European Union.

02.27.19

Calling California Employers: On-Call Shifts May Trigger Reporting Time Pay

An employer’s on-call scheduling practice triggered the reporting time pay requirements of California’s Wage Order 7, an appellate court in the state recently held, reversing dismissal of the suit.

02.27.19

New ‘White Collar’ Salary Thresholds Expected Imminently

In 2016, the U.S. Department of Labor issued a “final rule,” which, among other changes, would have increased from $455 per week ($23,660 per year) to $913 per week ($47,476 per year) the minimum salary threshold required in order to consider whether an employee may be exempt under the ...

02.14.19

Gym Wins Dismissal After Court Finds Texts Informational

A gym muscled its way out of a Telephone Consumer Protection Act (TCPA) class action after a Louisiana federal court determined that the text messages it sent to a member were informational in nature and dismissed the suit.

02.14.19

Text Messages Part of Ongoing Business Transaction, California Court Rules

Text messages confirming a plaintiff’s hotel reservations—that also encouraged the recipient to download the defendant’s app—were not advertising or marketing under the Telephone Consumer Protection Act (TCPA), a California federal court has ruled.

02.14.19

Plaintiff’s Attempt at Tolling Doctrine Falls Short in Third Circuit

The U.S. Court of Appeals, Third Circuit recently refused to toll a plaintiff’s Telephone Consumer Protection Act (TCPA) claims based on allegedly illegal faxes that were sent in 2005.

02.14.19

Second Circuit Rejects Use of Rule 67 to Moot TCPA Claims

Following in the footsteps of the U.S. Court of Appeals, Seventh Circuit, the Second Circuit held that a deposit of the full amount of an individual Telephone Consumer Protection Act (TCPA) claim pursuant to Federal Rule of Civil Procedure 67 does not moot the action.

02.14.19

Manatt’s Continuing Coverage on Significant Post-ACA International Developments

Nearly a year after the D.C. Circuit’s ACA International decision changed the face of litigation in the Telephone Consumer Protection Act (TCPA) world by striking down the Federal Communication Commission’s (FCC) 2015 automatic telephone dialing system (ATDS) guidance, courts still ...

01.31.19

HHS Publishes Health Industry Cybersecurity Practices

In December 2018, the Department of Health and Human Services published “Health Industry Cybersecurity Practices: Managing Threats and Protecting Patients” (HICP).

01.29.19

Predictable Scheduling Regulations May Require Call-In Pay for Employees

Pursuant to anticipated new “predictable scheduling” regulations, New York employers may soon have to provide employees with “call-in pay” for certain unworked hours.