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|GPT Class Action Settlement Raises Concerns about Legal and Funding Fees Charged in Australian Class Actions|
John Emmerig, Michael Legg; Jones Day;
November 28, 2013, previously published on November 2013The 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.
|What Happens If We Abolish the IRS?|
George W. Connelly; Chamberlain, Hrdlicka, White, Williams & Aughtry;
November 28, 2013, previously published on November 25, 2013Hardly 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...
|Employer’s Arbitration Policy Unconscionable, Unenforceable under California Law, Ninth Circuit Rules|
Jackson Lewis P.C.;
November 18, 2013, previously published on November 14, 2013A 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...
|Big 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.;
November 14, 2013, previously published on November 8, 2013If 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....
|Fourth 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;
November 7, 2013, previously published on November 5, 2013In 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...
|Court Holds Arbitration Agreement Requiring Employee to Pay Half of Arbitration Costs is Unconscionable|
Jacklina A. Len, Laura Reathaford; Proskauer Rose LLP;
November 7, 2013, previously published on November 6, 2013In 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...
|Tennessee: Revenue Letter Ruling Provides Guidance on Sales Taxes Applicable To Certain Cloud Computing Services|
McDonald Hopkins LLC;
November 6, 2013, previously published on October 31, 2013The Tennessee Department of Revenue (the Department) recently issued Revenue Letter Ruling #13-12 (the Ruling). In the Ruling, the Department addressed the application of the Tennessee Retailers’ Sales Tax Act (the Act) to various cloud computing services.
|Court Rejects Marijuana Retail Sale Defense|
Laura L. Crane, G. Ross Trindle; Best Best & Krieger LLP;
November 1, 2013, previously published on October 31, 2013A California appellate court recently held that neither the Compassionate Use Act (CUA) nor the Medical Marijuana Program Act (MMPA) allows the sale of marijuana for profit and provided clarification on how to determine whether a collective or cooperative is operating properly. The court ruling...
|COUNTING THE COST OF PAYROLL CARDS: Are They Worth It for Employers?|
Susan Bassford Wilson; Constangy, Brooks & Smith, LLP;
October 31, 2013, previously published on October 18, 2013Paying employees is a complicated business. For employers in retail and other industries where employees may not have bank accounts, payroll cards have emerged as a potential solution.
|Illinois: Supreme Court Strikes Down Controversial “Amazon Tax”|
McDonald Hopkins LLC;
October 28, 2013, previously published on October 24, 2013Last Friday, October 18, 2013, the Illinois Supreme Court issued a 6-1 opinion holding that the state’s “click-through” nexus law or “Amazon tax” is invalid. The underlying law was passed in 2011 when brick-and-mortar retailers in Illinois called on the state...