Newsletters

03.09.18

Consent Revocation a Factual Inquiry Precluding Summary Judgment

A federal judge in the Middle District of Florida denied cross motions for summary judgment in Patterson v. Ally Financial, Inc., holding that whether the plaintiff effectively revoked consent to receive calls “is a fact-sensitive inquiry” precluding summary judgment in favor of either ...


03.09.18

Eleventh Circuit’s Decision on Partial Revocation Stands

The Eleventh Circuit declined to reconsider its decision in Schweitzer v. Comenity Bank, denying the defendant’s motion to rehear the case.


02.22.18

In Massachusetts, ‘Wages’ Don’t Include Sick Time

Accrued, unused sick time does not count as “wages” under state law, Massachusetts’ highest court has determined in a matter of first impression.


02.21.18

Applying Escobar’s Heightened Materiality Standard: Limiting FCA Liability

In United States ex rel. Petratos v. Genentech, Inc., 855 F.3d 481 (3d Cir. 2017), the Third Circuit affirmed the district court’s order dismissing an FCA complaint on the grounds that the relator could not establish materiality based on the guidance set forth in Escobar.


02.21.18

Physician No-Poach Agreements in the Antitrust Spotlight

“No-poach” or “no-hire” agreements involve employers agreeing not to steal each other’s employees, and have long been a feature of industries in which skilled talent is in short supply.


02.08.18

Supreme Court Hits Pause on State Statutes of Limitation

Weighing in on the definition of “tolled,” the Supreme Court declared the time limit on state claims stops while federal claims are pending.


01.25.18

Potential Impacts on Telehealth From Net Neutrality Repeal

On December 14, 2017, the Federal Communications Commission (FCC) passed the Restoring Internet Freedom Order (RIFO), repealing the FCC’s 2015 “net neutrality” rules and shifting the responsibility for regulating the conduct of Internet service providers (ISPs) to the Federal ...


01.25.18

DOL Reissues Opinion Letters, Adopts ‘Primary Beneficiary’ FLSA Test

Reinforcing a shift in policy, the Department of Labor (DOL) reissued 17 opinion letters on a variety of topics under the Fair Labor Standards Act (FLSA) that had been withdrawn under the Obama administration.


01.25.18

DOJ Releases Guidance for Evaluating Dismissal of Qui Tams

A recent memo issued by the U.S. Department of Justice (DOJ) sets forth the issues it considers in deciding whether to seek the dismissal of qui tam cases filed by relators, and, although written for internal government use, provides guidance to defendants in arguing for such dismissal motions to ...


01.24.18

2017 in Review: Significant TCPA Litigation and Regulatory Developments

Undeniably, 2017 was a big year for the Telephone Consumer Protection Act (TCPA), from the transition of power at the Federal Communications Commission (FCC) to a slew of cases directly impacting TCPA compliance and litigation.