Takeaway: Class action litigation tends to be complicated, especially for trial courts resolving motions for class certification. These motions usually require courts to pour through dense briefing and evidentiary submissions, including dueling expert witness reports. It has long been the case that a district court must conduct a “rigorous analysis” of the arguments and evidence
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Export Controls: ITAR and EAR Related Developments
Court Ordered Injunction Affecting January 2020 Revisions to USML Categories I, II, and III
On January 23, 2020, the Department of State published a final rule that amends the International Traffic in Arms Regulations (“ITAR”) to revise Categories I, II, and III of the U.S. Munitions List (“USML”) and removes items that no longer warrant…
U.S. Department of Defense Awards Contract to Secure Sensitive Data With Blockchain
On March 12, 2020, Indiana-based SIMBA Chain announced it received a contract from the U.S. Department of Defense (“DOD”) to architect a blockchain proof of concept for securing sensitive research and development (“R&D”) data. The DOD has historically received the largest percentage (approximately 40%) of federal R&D funding among federal agencies, and has requested 44.3%…
Fifth Circuit: arbitrator’s decision to conduct class arbitration cannot be vacated
Takeaway: A lot of ink has been spilled on the issue of class arbitration, but this much is clear: If a federal court decides the class arbitration issue, then the proponent of class arbitration should lose, unless the arbitration agreement explicitly provides for class arbitration. But if the arbitration agreement commits that “gateway” issue to…
DOL Issues New COBRA Notices – Litigation Trend to Remain Unphased
The Department of Labor (“DOL”) posted new model notices on its website which employers may use to satisfy notice obligations under the Consolidated Omnibus Budget Reconciliation Act of 1985 (“COBRA”), along with a short series of FAQs regarding the model notices. The main changes to both the general and the election model notices clarify the…
IRS Releases FAQs Clarifying CARES Act Loan & Withdrawal Relief
The IRS has issued eagerly anticipated pre-guidance clarifying certain aspects of the CARES Act’s withdrawal and loan relief provision applicable to retirement plans (the “New FAQs”). This article expands on our prior summaryof the statutory provisions.
Additional Guidance Anticipated
The New FAQs indicate the IRS’ intention to release additional guidance in the near future.…
Agencies Provide COVID-19 Regulatory Relief for Employee Benefit Plans
The Department of Labor in connection with other agencies (the “Agencies”) have released guidance delaying and extending many common deadlines for employee benefit plans. In EBSA Disaster Relief Notice 2020-01, the DOL extended deadlines and provided other relief for employee benefits plans subject to Title I of ERISA. Further, the Department of Labor and…
Data breach class actions: Illinois federal court dismisses negligence claims for lack of common law duty and based on the economic loss doctrine (among other rulings)
Takeaway: In a data breach class action, the typical panoply of claims asserted include tort claims (such as negligence and negligence per se), contractual claims (such as claims for breach of express and implied contracts), unjust enrichment, and various statutory claims (such as claims under data breach notification statutes and deceptive trade practices acts). Two years…
COVID-19: Read This Before You Take the Temperatures of Your Customers, Visitors or Employees
Please note: The below information may require updating, including additional clarification, as the COVID-19 pandemic continues to develop. Please monitor our main COVID-19 Task Force page for updates.
You want to reopen your place of business, and certainly do not want to harm your customers or employees in doing so. Safety from COVID-19 in your establishment…
The Supreme Court Holds Time-Bar Decisions are Not Appealable
In a 7-2 decision by Justice Ginsburg, the Supreme Court held today that §314(d)’s bar on judicial review of the agency’s decision to institute inter partes review precluded appeal of the PTAB’s application of §315(b)’s time bar. Thryv Inc. v. Click-To-Call Technologies LP, case no. 18-916.1 The court held that application of the time bar…