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HTML“Unionism” as a protected class?
Jonathan T. Hyman; Kohrman Jackson & Krantz PLL;
Legal Alert/Article
July 29, 2014, previously published on July 28, 2014
Way back in 2012, the New York Times published an op-ed titled, A Civil Right to Unionize, which argued that Title VII needs to be amended to include “the right to unionize” as a protected civil right. At the time, I argued that including “unionism” as a protected class was...

 

HTMLUpdate on Google Unauthorized Children’s In-App Purchase Class Action: THE SHOW MUST GO ON!
Julia M. Siripurapu; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
July 26, 2014, previously published on July 23, 2014
U.S. District Court Judge Ronald M. Whyte has issued an order granting in part and denying in part Google’s Motion to Dismiss the class action filed against the Company on ­March 7 in the U.S. District Court for the Northern District of California as a result of unauthorized children’s...

 

HTMLDeemed Reliance in the U.S. Supreme Court
Eric S. Block, Andrew Matheson, Dana M. Peebles, Stephanie Sugar; McCarthy Tétrault LLP;
Legal Alert/Article
July 25, 2014, previously published on July 14, 2014
On June 23, 2014, the United States Supreme Court issued its much-anticipated decision in Halliburton Co. v. Erica P. John Fund (“Halliburton”), as issuers and investors in the U.S. (and Canada) wanted to see if the landscape for securities class actions in both countries would be...

 

HTMLNinth Circuit Thinks Inside the Bun, Applies Traditional Agency Principles To Dismiss Putative TCPA Class Action Claims Against Taco Bell Corp.
J. Aaron George, Paul A. Werner; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
July 24, 2014, previously published on July 17, 2014
In Thomas v. Taco Bell Corp., No. 12-56458 (9th Cir. July 2, 2014) the Ninth Circuit Court of Appeals recently held that Taco Bell, one defendant in a putative class action lawsuit alleging violations of the Telephone Consumer Protection Act (“TCPA”), 47 U.S.C. § 227, could not be...

 

HTMLA Higher Price Tag on Privacy? An Ontario Court Certifies a Class Action for Breach of Privacy
Christopher McClelland; Blaney McMurtry LLP;
Legal Alert/Article
July 23, 2014, previously published on July 17, 2014
Organizations that collect or handle personal information are generally aware that they have an obligation to protect that information from loss or misuse. However, recent developments in the area of privacy law have highlighted the significant financial liabilities such organizations may face if...

 

HTMLConsistency among Circuits for Securities Class Certification after the U.S. Supreme Court Halliburton Decision
John A. Menicucci; Husch Blackwell LLP;
Legal Alert/Article
July 22, 2014, previously published on July 17, 2014
On June 23, 2014, the United States Supreme Court issued its decision in Halliburton Co., et al. v. Erica P. John Fund, Inc., No. 13-317 (2014). The Supreme Court vacated and remanded the decision of the 5th Circuit U.S. Court of Appeals and did not part from its 1988 decision in Basic Inc. v....

 

HTMLWyndham Seeks Immediate Appeal Over FTC Authority To Regulate Data Security While District Court Allows Case To Proceed On Common-Enterprise Theory
Stephen Lilley, Archis A. Parasharami; Mayer Brown LLP;
Legal Alert/Article
July 22, 2014, previously published on July 21, 2014
For the past two years, a federal court in New Jersey has considered important data security issues in the FTC v. Wyndham Worldwide Corp. litigation. Two recent opinions issued by the court now have brought that case back into the news—and made clear that the stakes are as high as ever.

 

HTMLEven in Privacy Cases, Risk of Injury Does not Always Equal Injury
Kevin M. McGinty; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
July 18, 2014, previously published on July 16, 2014
It’s an ancient conundrum; if a tree falls in the forest, and no one is there to hear it, does it make a sound? Privacy litigation may well offer the closest jurisprudential equivalent; if data is stolen, but no one does anything with it, has there been an injury? A recent Illinois state...

 

HTMLFrance Provides for Consumer Class Actions
Preet K. Bell, Michael A. Eizenga; Bennett Jones LLP;
Legal Alert/Article
July 17, 2014, previously published on June 26, 2014
France, following the lead of many other European Union members, has enacted legislation providing for class actions in the consumer law field. The new law, known as the "Hamon Law", was passed in February but is still coming into effect through various decrees, which also provide further...

 

HTMLCalifornia Supreme Court Nixes Certification Denial Ruling Against Newspaper Carriers Classified as Independent Contractors
George Patterson; Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
July 17, 2014, previously published on July 16, 2014
The California Supreme Court recently held that a trial court needed to revisit its class certification decision regarding newspaper carriers who alleged that they should have been classified as employees rather than independent contractors. The trial court erred, the Court said, by focusing not on...

 


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