Mondaq USA: Litigation, Mediation & Arbitration
Seyfarth Shaw LLP
A recent decision out of the Northern District of California creates new hope for TCPA defendants. In Luna v. Shac, LLC, Case No. 5:14-cv-00607-HRL, 2015 WL 4941781 (N.D. Cal. Aug. 19, 2015), defendant Shac, LLC won summary judgment by arguing that the web-based application the company used to send promotional text messages could not operate without human intervention, a "defining characteristic" of an autodialer under the Telephone Consumer Protection Act ("TCPA"), 47 U.S.C. § 227(b)(1).
Seyfarth Shaw LLP
Southwest Airlines issued vouchers to its "Business Select" passengers that could be redeemed for one free in-flight alcoholic beverage.
Mayer Brown
A law firm has just been engaged to defend a large company in a California state court lawsuit involving contractual and unfair competition claims.
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
In Bais Yaakov, Plaintiff asserted claims for violation of the "junk fax" provision of the Telephone Consumer Protection Act ("TCPA"), 47 U.S.C. § 227(b)(1)(C), and for violation of New York General Business Law § 396-aa.
Dykema Gossett
The D.C. Circuit opinion restores certainty that attorneys may protect the confidentiality of communications made in the course of an internal investigation.
Fox Rothschild LLP
Now that I have your attention, there is a pretty tried and true method to avoiding customer complaints, especially in this volatile market.
Strasburger & Price, L.L.P.
Unrepresented litigants file 10% of civil cases in federal courts and an even higher percentage of civil cases in state courts.
Foley & Lardner
The Supreme Court explained in Celotex Corp. v. Catrett, 477 U.S. 317 (1986), that a party can obtain for summary judgment when its opponent has no evidence to support an element of the opponent's case.
Duane Morris LLP
In the past three weeks, Pittsburgh-based law firm, Carlson Lynch, which was responsible for filing hundreds of Americans with Disabilities Act (ADA) ATM class action lawsuits nationwide, has filed four ADA website lawsuits in federal district court in Pittsburgh.
WilmerHale
Gary Born, chair of the International Arbitration Practice at Wilmer Cutler Pickering Hale and Dorr, is chairing a newly formed Rules Revision Executive Committee at the Singapore International Arbitration Centre (SIAC) in his role as President of the SIAC Court of Arbitration.
BakerHostetler
In Chapman, the plaintiff filed suit in 2009 and sought to certify a class of persons who had received faxes from First Index, the defendant, despite not having given consent.
Reed Smith
In our modern economy, businesses regularly use all manner of third-party consultants for many different reasons, including cost, efficiency, and expertise.
Proskauer Rose LLP
The Second Circuit summarily affirmed the District Court's finding that the FAA was constitutional and that plaintiff's claims were subject to arbitration.
McGuireWoods LLP
A litigant can trigger an "at issue" waiver by affirmatively asserting some position that necessarily implicates privileged communications.
Foley & Lardner
The fat was really thrown into the fire in the Seventh Circuit yesterday on the long-mooted subject of the propriety of internet factual research by appellate courts.
Reed Smith
In our modern economy, businesses regularly use all manner of third-party consultants for many different reasons, including cost, efficiency, and expertise.
Mayer Brown
The California Supreme Court has a reputation for hostility to arbitration, especially in the consumers and employment context.
Thompson Coburn LLP
The question of whether a product manufacturer or employer in an asbestos lawsuit can introduce evidence of the plaintiff's exposures to asbestos from other sources has become a highly contested issue.
Andrews Kurth LLP
This is the second time that the D.C. Circuit has reversed the district court's orders compelling disclosure of internal investigation material in this same case, In re Kellogg Brown & Root, Inc., et al.
Barnes & Thornburg
On Aug. 12, 2015, less than a week after the Seventh Circuit's decision in Chapman v. First Index, Inc., the Fifth Circuit followed its previous rulings and agreed with decisions from the Third, Seventh, Ninth, Tenth and Eleventh Circuits.
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Fox Rothschild LLP
Since 2008 , DHS has permitted F-1 students whose study was in a STEM field and whose employer is an E-Verify participant to have an additional 17-month period of OPT (Optional Practical Training).
Seyfarth Shaw LLP
On Wednesday, August 12, 2015, U.S. District Court Judge Ellen Huvelle of the District of Columbia vacated the Department of Homeland Security's (DHS) 2008 rule allowing F-1 students in the U.S.
Troutman Sanders LLP
This settlement serves as another reminder of the risks that employers face in conducting background checks on prospective employees.
Dentons (US)
Companies are routinely served with subpoenas for litigation in which they are not parties. Responding to these subpoenas can involve significant expenditure of time and money.
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
On April 8, 2008, the Department of Homeland Security (DHS) published an Interim Final Rule (IFR) in the Federal Register...
McDermott Will & Emery
In 2010, Casa Duse asked director Alex Merkin to direct the short film Heads Up. Merkin agreed and the parties settled informally on a fee for Merkin's services.
Caplin & Drysdale
Beginning with the FBAR (FinCEN Report 114) for the 2016 year, the filing deadline for the FBAR will be April 15th with a six-month extension until October 15th available upon request.
Womble Carlyle
The Lilly Pulitzer design team creates original artwork, often printed on canvas, which are then registered with the United States Copyright Office.
Fisher & Phillips LLP
Staff members who fail to meet those standards are subject to discipline, up to and including termination, and may also be reported to the appropriate licensing board or agency.
Reinhart Boerner Van Deuren S.C.
Lenders entrust loan money to your company when your underwriter puts its financial strength behind you by agreeing to pay the lender if the money is stolen or you fail to follow the closing instructions.
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