After a long road that included questions over the scope of FTC and FCC jurisdiction, AT&T finally settled one of two cases challenging the unlimited data plans it offered to consumers. On Tuesday, November 5, 2019 the Federal Trade Commission (“FTC”) moved to settle its October 28, 2014 complaint against AT&T Mobility, LLC (“AT&T” or “Company”) in which the FTC asserted that the Company was reducing the data speeds of customers grandfathered into unlimited plans after they had used a certain amount of data. The stipulated order, approved 4-0 by…
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Civil Litigation
Grauer v. Clare Oaks, et al, 2019 IL App (1st) 180835, is noteworthy to all counsel who regularly encounter fee-shifting statutes in their practice. Grauer was borne out of a…
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An example of where a court feels that documents speak louder than words.
JPMorgan Chase Bank, N.A. v Skluth, 2019 NY Slip Op 07886, Decided on November 6, 2019, Appellate…
Continue ReadingHe’s back! After a three year hiatus, Andrew Willis has returned to our firm in a new way.
Andrew’s connection to Mauck & Baker began when he was hired as…
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In the case of McKenzie v. Wal-Mart, No. 1540-CV-2018 (C.P. Monroe Co. Oct. 18, 2019 Williamson, J.), Judge David J. Williamson of the Monroe County Court of Common Pleas…
Continue ReadingThe Third Circuit Court of Appeals Hit Penneast Pipeline Company with Another Setback
The Third Circuit Court of Appeals hit PennEast Pipeline Company with another setback on November 5, 2019. The Court of Appeals denied the company’s request for a rehearing of the…
Continue ReadingCorporate & Commercial
This week, I was at the Gaylord National Harbor outside Washington D.C. to attend the annual PLUS Conference event, with more than a thousand industry colleagues and friends. As always…
Continue ReadingGerman Ministry of Economics and Energy publishes the draft Act on Digitalisation of German Competition Law
On 7 October 2019, the German Ministry of Economics and Energy published the draft Act on Digitalisation of German Competition Law (the “Draft Act”). The Draft Act proposes several key…
Continue ReadingISS Releases Final Changes to Its Voting Policies for 2020 Proxy Season – Newly Public Companies, Independent Chair and Share Buyback Proposals, Board Gender Diversity, EVA and More
Today, Institutional Shareholder Services Inc. (ISS) released its 2020 global proxy voting policy updates, which will generally be applicable for shareholder meetings on or after February 1, 2020.
Continue ReadingOn October 17, 2018, the cultivation, sale, distribution and consumption of certain classes of marijuana for recreational (i.e. non-medical) purposes was legalized across Canada, including fresh and dried flowers, seeds…
Continue ReadingToo often, internal investigators mistakenly conclude that their reports are for the exclusive review of decision-makers. Sometimes, this may be true. However, more often than not, there are two audiences…
Continue ReadingProf. Hamermesh recaps 40-plus years of Delaware corporate law trends at 35th Annual F.G. Pileggi Distinguished Lecture
This post was prepared by Frank Reynolds, who has been following Delaware corporate law, and writing about it for various legal publications, for over 30 years.
The law school…
Continue ReadingEmployment & Labor
California Court Rules That Mandatory Service Charges May Be Gratuities
Upsetting what many considered settled precedent, a California Court of Appeal has held that a mandatory service charge may qualify as a “gratuity” under California Labor Code Section 351 that…
Continue ReadingBy Ashley K. Laken and Kyllan B. Kershaw
Seyfarth Synopsis: As the future of work continues to take shape, labor unions are taking notice and adjusting their strategies and their…
Continue ReadingA recent decision from a federal court in New York highlights the limits social media users enjoy under Section 230 of the Communications Decency Act (CDA). The case involves Joy…
Continue ReadingPreserving Your Franchise System in the Face of California’s AB5 — Webinar November 20, 2019
How will AB-5 impact franchise relationships in California? What steps can franchisors take to best protect their interests in California in a post-Dynamex, post AB-5 landscape? These are some of…
Continue ReadingThe attorneys of Russell, Krafft & Gruber, LLP are pleased to welcome D. Scott Eaby to their expanding legal practice. He will serve new and existing clients from the firm’s…
Continue ReadingCongress is Considering a Bill Which Would Significantly Alter the Labor Law Landscape
Whether a business’s employees are represented by a union or not, all employers should be concerned about the pending Protecting the Right to Organize Act (“PRO Act”) being considered by…
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