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HTMLCourt Approves $7.25 Billion Settlement of Antitrust Class Action Relating to Visa and MasterCard Interchange Fees
James R. McGibbon, Robert J. Pile, Katherine M. Smallwood, Lewis S. Wiener; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
December 19, 2013, previously published on December 18, 2013
In the face of objections from some of the nation’s largest retailers, a New York federal judge has approved a massive settlement between a putative class of approximately 12 million merchants and Visa, MasterCard, and multiple banks over the issue of payment card interchange fees. In re...

 

HTMLCollection of Email Addresses in Credit Card Transactions May Be Prohibited by California Law
Cynthia J. Larose, Jake Romero; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
December 13, 2013, previously published on December 10, 2013
The U.S. District Court for the Eastern District of California has held that the prohibition against requesting or requiring personal identification information in connection with credit card transactions contained in California’s Song-Beverly Credit Card Act extends to consumer email...

 

HTMLThe Dark Cloud Over Nordstrom’s Black Friday: California Law May Prohibit Retailers from Collecting Email Addresses at Checkout
Jake Romero; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
December 12, 2013, previously published on December 3, 2013
This past weekend if you survived the towel aisle and other Black Friday dangers and made it to the register to purchase your items, it is possible you were asked to provide an email address so that your receipt could be emailed to you. This type of request is the focus of a class action lawsuit...

 

HTMLNew Year's Resolutions: Five Areas Of Focus For 2014
Edward F. Harold; Fisher & Phillips LLP;
Legal Alert/Article
December 9, 2013, previously published on December 3, 2013
The Affordable Care Act has dominated the headlines of employment newsletters (justifiably) for the last six months. It will continue to be an area of focus for all employers. But don’t lose sight of the fact that all the other employment laws remain on the books and continue to pose...

 

HTMLWhat Happens If We Abolish the IRS?
George W. Connelly; Chamberlain, Hrdlicka, White, Williams & Aughtry;
Legal Alert/Article
November 28, 2013, previously published on November 25, 2013
Hardly a day goes by when some politician or editorial person doesn’t suggest that we don’t need the IRS or should simply do away with it. Most of them come in connection with suggestions for changing the tax system to something like a national retail sales tax. What these people fail...

 

Adobe PDFGPT Class Action Settlement Raises Concerns about Legal and Funding Fees Charged in Australian Class Actions
John Emmerig, Michael Legg; Jones Day;
Legal Alert/Article
November 28, 2013, previously published on November 2013
The GPT class action was brought by shareholders alleging that GPT Management Holdings Limited and GPT RE Limited (collectively "GPT") had engaged in misleading conduct and breached its continuous disclosure obligations. The class action settled.

 

HTMLEmployer’s Arbitration Policy Unconscionable, Unenforceable under California Law, Ninth Circuit Rules
Jackson Lewis LLP;
Legal Alert/Article
November 18, 2013, previously published on November 14, 2013
A grocery store’s arbitration policy was so one-sided that it “shocked the conscience” under California law and was unenforceable, the U.S. Court of Appeals for the Ninth Circuit has ruled, citing in part a provision requiring employees to split the arbitrator’s fees down...

 

HTMLBig Brother Is Watching You (Shop for Pants): Mobile Analytics Firms Implement Code of Conduct for Tracking Customers While They Shop
Jake Romero; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
November 14, 2013, previously published on November 8, 2013
If you’ve ever dealt with that pushy salesperson at Bed, Bath & Beyond who won’t take your word for it that you’re just browsing and not ready to commit to a high-end home espresso machine, you know that being followed around at a retail store can be unsettling and intrusive....

 

HTMLCourt Holds Arbitration Agreement Requiring Employee to Pay Half of Arbitration Costs is Unconscionable
Jacklina A. Len, Laura Reathaford; Proskauer Rose LLP;
Legal Alert/Article
November 7, 2013, previously published on November 6, 2013
In Chavarria v. Ralphs Grocery Co., No. 11-56673, 2013 WL 5779332 (9th Cir. Oct. 28, 2013), the plaintiff, a former deli clerk, brought a class action against Ralphs for various alleged wage and hour violations of the California Labor Code. As a condition of employment, Chavarria signed an...

 

HTMLFourth Circuit Finds District Court Erroneously Applied Wal-Mart Stores, Inc. v. Dukes In Denying Leave to Amend Complaint in Pay Discrimination Suit
Laura M. Fant, Robert W. Rachal; Proskauer Rose LLP;
Legal Alert/Article
November 7, 2013, previously published on November 5, 2013
In its recent decision in Scott v. Family Dollar Stores, Inc., No. 12-1610 (4th Cir. Oct. 16, 2013), the Fourth Circuit ruled that the district court abused its discretion by refusing to allow plaintiffs asserting claims of gender-based pay discrimination leave to file an amended complaint based...

 


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