Newsletters

05.13.15

U.S. Supreme Court Permits Narrow Review of EEOC Conciliation Process

The U.S. Supreme Court handed a victory—albeit limited—to employers when it determined that courts may consider the sufficiency of the Equal Employment Opportunity Commission’s (EEOC) conciliation efforts prior to bringing suit against an employer pursuant to Title VII of the ...


04.29.15

LinkedIn Search Doesn’t Implicate FCRA, California Court Rules

Granting LinkedIn’s motion to dismiss, a federal court judge in California held that LinkedIn users could not sue the site for violations of the Fair Credit Reporting Act (FCRA).


04.27.15

New Developments in the St. Luke’s Case and New Controversy After the FTC/DOJ Workshop

The defendants in St. Luke’s have applied for an en banc rehearing (a hearing by the full bench of the court) of the 9th Circuit decision.


04.27.15

Phoebe Putney: A Collision of Federal Antitrust and State Certificate of Need Laws

On March 31, 2015, the Federal Trade Commission (FTC) announced that it had entered into a consent agreement with Phoebe Putney Health System, Inc., the Hospital Authority of Albany-Dougherty County and HCA, Inc.


04.21.15

It’s Stifling in Here!

On April 1, 2015, the SEC announced its first-ever enforcement action against a company for using restrictive language in confidentiality agreements with witnesses interviewed during internal investigations that has the potential to improperly stifle whistleblowers and impede the whistleblowing ...


04.20.15

To Accommodate or Not to Accommodate? U.S. Supreme Court Weighs in on Pregnant Employees

The U.S. Supreme Court decided the first of two major employment law cases this term when a 6-3 majority of the Court held that the McDonnell Douglas Corp. v. Green, 411 U.S. 792 (1973), burden-shifting framework applies to a pregnant employee seeking to demonstrate disparate treatment through ...


04.15.15

User Choice to Send Solicitations Refutes ATDS Allegations

Following a growing precedent in the California federal district courts, a judge recently concluded that a defendant in a Telephone Consumer Protection Act case did not impermissibly use an automated telephone dialing system (ATDS) because human intervention was involved.


03.23.15

Joint FTC and DOJ Workshop on Healthcare Competition Highlights the Importance of Antitrust

Editor’s Note: On February 24 and 25 in Washington, DC, the Federal Trade Commission (FTC) and the Department of Justice (DOJ) held a joint Antitrust Division Workshop, “Examining Healthcare Competition.” In the article below, Manatt Partner Lisl Dunlop, who participated in the ...


03.19.15

The SEC’s Settlement with Goodyear: A Cautionary Tale

In a settlement announced on February 24, 2015, the SEC found Goodyear to be in violation of the FCPA in connection with bribes paid by two foreign subsidiaries, one of which came into Goodyear’s ownership through acquisition.


03.19.15

California Legislation to Consider: Protections for Unpaid Interns and Volunteers

In this issue of the newsletter, the focus of our review of new California laws shifts from leaves of absence to protection for discrimination, harassment, and retaliation.