Peloton Spinning Its Wheel in CIPAWorld?
Peloton was once the darling of Wall Street. Really made an uphill climb during COVID. But, it has since fallen on harder times. Mainly because people can ride bikes outside and walk outside now.And...
View ArticleLitigating Trade Secrets in Biotech, Life Sciences, and AI: The High-Stakes...
In the rapidly evolving biotech and life sciences sectors, the importance of trade secrets has grown significantly. Companies are investing heavily in research and development to create cutting-edge...
View ArticleFTC Issues Ban on Offering Anonymous Messaging App to Children Under Age 18
On July 9, 2024, the Federal Trade Commission issued a proposed order that would ban NGL Labs, LLC, and two of its co-founders from offering an anonymous messaging app called “NGL: ask me anything”...
View ArticleDistrict Court Holds Unenforceable Trust Provision Requiring Attorneys’ Fees...
Employers may be bound by multiemployer pension plans’ trust agreements and collections policies, but the force of these governing documents may have its limits. In Nevada Resorts Ass’n–Int’l All. of...
View ArticleCalifornia District Court Rules That Software Vendor Is Subject to Title VII,...
On July 12, 2024, in a keenly awaited decision, the U.S. District Court for the Northern District of California determined that Workday, Inc. (“Workday”), a provider of AI-infused human resources (HR)...
View ArticleTexas Pharmaceutical Marketer Sentenced for $59 Million Medications Fraud...
On July 12, Quintan Cockerell, a Texas pharmaceutical marketer, was sentenced to over two years in prison and ordered to pay more than $59 million for receiving illegal kickbacks in exchange for...
View ArticleSCOTUS Punts on EMTALA Preemption Question
On June 27, 2024, the U.S. Supreme Court dismissedIdaho v. United States on procedural grounds and sent the case back to the Ninth Circuit. By doing so, the Supreme Court reinstated the preliminary...
View ArticleWhat Goes Around Comes Around: The Resurgence of Data Breach Class Actions
Data breach class actions are again on the rise, with a recent report by Lex Machina confirming what many cybersecurity practitioners have seen first-hand over the last two years. The findings also...
View ArticleSCOTUS Set to Weigh in on the PSLRA’s Heightened Pleading Standards
The Supreme Court will review the Ninth Circuit’s decision in Ohman v. Nvidia Corp., which affirmed in part and reversed in part the district court’s dismissal of claims brought against Nvidia and...
View ArticleHow to Prevent a Lawsuit Over Retirement Plan Forfeitures
There has been a rash of lawsuits recently challenging how forfeitures are used in retirement plans. (Forfeitures are the amounts remaining when the unvested portion of a participant’s account is...
View Article9th Circuit Holds that State Law Claims Identical to Federal Claims are Not...
Last month the U.S. Circuit Court of Appeals for the 9th Circuit reversed a lower court decision and held that claims based on the California Sherman Law, the CA equivalent of the federal Food, Drug,...
View ArticleNinth Circuit Continues to Expand Transportation Worker Exemption Under...
Courts are finding more workers who do not physically transport goods or people across state lines to be transportation workers exempt from arbitrating their claims under the Federal Arbitration Act...
View ArticleJob Applicant’s Algorithmic Bias Discrimination Lawsuit Survives Motion to...
In a recent development in Mobley vs. Workday, Inc., the United States District Court for the Northern District of California denied in part Workday, Inc.’s (“Workday”) Motion to Dismiss, allowing the...
View ArticleCourt Holds Internal Affairs Doctrine Typically Covers Breach Of Fiduciary...
California's Revised Uniform Limited Liability Company Act provides "The law of the state . . . under which a foreign limited liability company is formed governs all of the following: The organization...
View ArticleNO AVAILMENT: Money Map Press Defeats TCPA Suit On Jurisdictional Grounds
Quick one for you–but potentially important.Folks sometimes forget about personal jurisdiction. A defendant cannot be sued everywhere in the nation–only where he/she/it resides or where he/she/it has...
View ArticleMYR 2024: Trends + Developments in the Arbitration Space [Podcast]
By almost any measure, 2024 is a memorable year for employment and labor law — and it’s only halfway done. Our timely report, Mid-Year 2024: Now + Next, takes a closer look at the recent rules,...
View ArticleCourt Chucks Out CIPA Claims Against Converse
We don’t always talk about bad news on CIPAWorld. Sometimes, there is good news in a CIPA case. Today is one of those days.Converse has a chatbot on their website. The data from the chats are stored on...
View ArticleCan You Prevent AI From Scraping Your Website Data? District Court Says...
As the prevalence of artificial intelligence (AI) continues to rise, complex questions regarding the regulation of AI data scraping remain relevant to both website owners and web data collection...
View ArticleHUGE SUMMER WIN!: Massive New Certification Denial May Be the Beginning of...
Following the Supreme Court’s Facebook ruling the Plaintiff’s bar has shifted away from ATDS cases and toward TCPA cases arising from prerecorded calls or marketing calls to numbers on the DNC...
View ArticleSocial Media Creating a Hostile Work Environment: What to Know Following...
It is not news that employees “hang out” and socialize “outside of work” through social media platforms. While these platforms provide outlets for employees to express themselves, bond, chat, joke, and...
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