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Newsletters / Alerts

All Newsletters / Alerts

What happens when you make an offer they can't refuse . . . and they refuse? The Supreme Court addressed this question in the context of complete relief offers to lead plaintiffs in Campbell-Ewald Co. v. Gomez, a Telephone Consumer Protection Act (TCPA) class action. Claims under the federal Telephone Consumer Protection Act (TCPA) have become a powerful tool for consumer rights lawyers seeking to limit “robocalls” made for marketing and collection purposes. When coupled with the Rule 23 class action procedure, the $500-$1,500 relief available per offending call or text message under the TCPA can reach astronomical levels.
1/22/2016
Concerns over state courts allowing class actions to proceed, the impact on the U.S. economy, and the undue pressure on companies to settle for significant sums spurred Congress to pass the Class Action Fairness Act of 2005. Members of the U.S. House of Representatives, expressing these same concerns over class actions in federal courts, have now drafted legislation to prohibit federal courts from certifying class actions when the class is composed of individuals who have de minimis or nonexistent damages or injuries.
1/7/2016
On September 15, 2015, we wrote an OSHA Bulletin that summarized a memorandum issued by Deputy Attorney General Yates. On December 17, 2015, Yates issued another memorandum that will impact all employers and that relates to “Prosecution of Worker Safety Violations.”
12/18/2015
This is a follow-up to our July 24, 2015 bulletin regarding OSHA’s new Confined Spaces in Construction Standard. OSHA has announced that it will, again, delay the enforcement of this new standard – which provides construction workers with protections similar to those found in the manufacturing and general industry – until January 8, 2016.
11/5/2015
OSHA critics often complain that the maximum allowed penalties have not changed since 1990 when the penalties were set at $7,000 (other than serious and serious) and $70,000 (repeat or willful). The “Bipartisan Budget Act of 2015” will both cause a dramatic increase in those amounts and will result in those amounts being indexed to the Consumer Price Index.
11/3/2015
Recently, the Tennessee Supreme Court entered its opinion in Rye v. Women’s Care Center of Memphis, MPLLC. In it, the Supreme Court held the analytical framework governing summary judgments in Tennessee state courts since 2008 is unworkable.
10/29/2015
Effective January 1, 2015, the rules related to the reporting of certain incidents to OSHA changed. The old rules required that employers report the hospitalization of three or more employees and the death of one or more employees. The new rules require employers to report deaths of one or more employees, amputations, eye losses, and the overnight hospitalization of one or more employees for more than observation.
10/26/2015
Banks are tasked by the Uniform Commercial Code (the UCC) with using “commercially reasonable” security procedures when processing funds transfers. This responsibility is constantly evolving as bank fraud becomes more sophisticated, and banks and courts respond to attacks.
10/26/2015
In a prior OSHA Bulletin, we wrote about the National Labor Relations Board’s decision in the case of Browning-Ferris Industries of California, Inc., d/b/a BFI Newby Island Recyclery, and FPR-II, LLC, d/b/a Leadpoint Business Services, and Sanitary Truck Drivers and Helpers Local 350, International Brotherhood of Teamsters, Petitioner, Case 32–RC–109684 (the “BFI Decision”).
9/28/2015
Although Congress has remained cautious of taking any action to ease the American-imposed embargo on the majority of business interactions with Cuba, President Obama’s administration continues to push forward with the implementation of additional revisions to ease sanctions and potentially secure economic opportunities for both countries.
9/28/2015