Newsletters

01.02.24

FTC Regulation Tracker—December 2023

The Federal Trade Commission (FTC or the Commission) had a busy December.


12.22.23

NLRB Delays New Joint Employer Rule

Facing legal challenges, the National Labor Relations Board (NLRB) has pushed out the effective date of its new joint employer rule.


12.22.23

First, Sixth Circuits Affirm Dismissal of ADA Claims

Considering the termination of a high school teacher who underwent hip surgery and the refusal of a hospital to allow a nursing student’s service dog, the U.S. Court of Appeals, First and Sixth Circuits, both affirmed dismissal of the Americans with Disabilities Act (ADA) cases.


12.22.23

Ninth Circuit to Hear AB 5 Challenge En Banc

In the latest chapter of the saga of California’s Assembly Bill 5, the Ninth U.S. Circuit Court of Appeals vacated a panel decision finding that the law violated the Equal Protection Clause and granted rehearing en banc.


12.22.23

New NY Laws for the New Year

New York employers are facing several major changes in employment law, including a ban on nondisclosure clauses in settlement agreements of discrimination, retaliation or harassment claims, the addition of new categories of protected classes, and an extended statute of limitations for ...


12.22.23

California Appeals Court Tosses Pro Se PAGA Suit

A pro se Private Attorneys General Act (PAGA) plaintiff was engaged in the unauthorized practice of law, a California appellate court held in an unpublished decision, affirming dismissal of the action.


12.21.23

Post-Facebook v. Duguid Litigation Roundup

A summary of some recent noteworthy district-level decisions applying and interpreting Facebook follows.


12.21.23

Treble Damages Require Willful, Knowing Conduct, Ninth Circuit Says

The Ninth U.S. Circuit Court of Appeals recently weighed in on treble damages in a Telephone Consumer Protection Act (TCPA) dispute involving junk faxes.


12.21.23

Allegations of Contract and Control Keep TCPA Suit Alive in Pennsylvania Federal Court

The purported existence of a telemarketing contract and facts suggesting control over the calling party was enough to avoid dismissal of a Telephone Consumer Protection Act (TCPA) claim for vicarious liability in Pennsylvania federal court.


12.21.23

MMS Text Message Didn’t Violate TCPA’s ‘Voice’ Provisions, Says Arizona Federal Court

In the first decision on the issue, an Arizona federal court held that a Multimedia Messaging Service (MMS) text didn’t run afoul of the Telephone Consumer Protection Act (TCPA).