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|California Supreme Court Decision Barring Waiver of Representative Claims is Left Intact by U.S. Supreme Court|
Mitchell F. Boomer; Jackson Lewis P.C.;
March 27, 2015, previously published on January 22, 2015The U.S. Supreme Court has declined to review the California Supreme Court’s decision that representative claims under the California Labor Code Private Attorneys General Act (“PAGA”) cannot be waived in employment arbitration agreements. Iskanian v. CLS Transp. Los Angeles, LLC,...
|Class Actions in Australia - 2014 in Review|
John Emmerig, Michael Legg; Jones Day;
March 27, 2015, previously published on January 2015During 2014, Australian class action suits in numerous areas—including shareholder matters, financial products and advice, cartel, product liability, and environment and government—were initiated, pursued and sometimes settled.
|Disney Faces Class Action Due to Employee Background Checks|
Diane Vaksdal Smith; Burg Simpson Eldredge Hersh & Jardine, P.C.;
March 27, 2015, previously published on March 18, 2015While the Walt Disney Company enjoyed decades of success as the paragon of wholesome American entertainment, its reputation has been tarnished as of late due to a spate of legal woes. From sexual harassment law suits to allegations of racial discrimination by former employees, the entertainment...
|Class Action Lawsuits Proliferate After Hollywood Hacking Debacle|
Burg Simpson Eldredge Hersh Jardine P.C.;
March 27, 2015, previously published on February 11, 2015One of the top news stories this past holiday season involved a major cyber-attack on one of the nation’s top movie studios, Sony Pictures. The incident centered on an unreleased film called “The Interview” in which characters played by Seth Rogan and James Franco are embroiled in...
|LinkedIn Plagued by Chain of Class Action Lawsuits|
Burg Simpson Eldredge Hersh Jardine P.C.;
March 27, 2015, previously published on March 2, 2015For over a decade, LinkedIn has been helping applicants and employers find each other. Essentially a social networking platform focused on the job market, LinkedIn lets individuals post their resumes and CVs online for all to view, in addition to helping people network in the virtual world. While...
|Healthcare Home Monitoring Company Avoids FCRA Liability Over Stolen Laptop|
Michael J. Zbiegien; Taft Stettinius & Hollister LLP;
March 25, 2015, previously published on December 1, 2014Theft or accidental loss of a laptop, thumb drive or other device is “[t]he single most common way that protected health information is compromised.” And while violating the Health Insurance Portability and Accountability Act’s Privacy and Security Rules can result in...
|Uber and Lyft Face Class Action Suit in Memphis|
Michael C. McLaren; Butler Snow LLP;
March 24, 2015, previously published on March 9, 2015The City of Memphis is the site of the latest legal challenge to the peer-to-peer ride sharing services offered by Uber and Lyft. On March 4th, a federal class action lawsuit was filed against Uber and Lyft on behalf of all individuals and businesses engaged in “for hire” transportation...
|Xarelto Class-Action Lawsuit Filed in Canada|
Waters Kraus LLP;
March 23, 2015, previously published on March 4, 2015A Canadian woman who nearly suffered a heart attack in 2012 as a result of internal bleeding that she developed while taking Xarelto has filed a class-action lawsuit in Calgary against Bayer Inc. A similar class-action will reportedly soon be filed in Ontario.
|Now You See It, Now You Don't: NLRB Holds Mandatory Class-Action Waivers in Employment Arbitration Agreements Violate the NLRA|
Christina C. Tillman; McCormick, Barstow, Sheppard, Wayte & Carruth LLP;
March 23, 2015If it is done correctly, an employer can require an employee to agree to waive his/her right to a jury trial and submit all employment-related disputes to binding arbitration as a condition of employment. But can an arbitration clause also waive the employees’ right to bring or participate in...
|Court of Chancery Addresses Application of Fee-Shifting Bylaw|
Peter B. Ladig; Morris James LLP;
March 23, 2015, previously published on March 17, 2015The Rites of Spring are upon us: budding flowers, warmer temperatures, and a Delaware court issuing an important decision just before the annual Tulane Corporate Law Institute begins. This year the honor of issuing that decision fell to Chancellor Bouchard who issued his opinion in Strougo v....