Supreme Court Orders Standing Analysis in Google Settlement
On March 20, 2019, the Supreme Court refused to address the adequacy of a $8.5 million Google privacy class action settlement and instead remanded to a lower court to determine whether the class action plaintiffs had standing to assert a claim under the Stored Communications Act (“SCA”). The Court’s holding serves as a reminder that despite the recent trend in finding standing for privacy violations,
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Civil Litigation
Proposed EDNY Consent Decree Mandates Upgrades to Hillview Reservoir in Yonkers Over the Next Thirty Years
The Eastern District of New York filed a Safe Drinking Water Act complaint this week against the City of New York and the NYC Department of Environmental Protection, seeking to
Continue ReadingNew Law Bans Non-Disclosure of Discrimination, Harassment, and Retaliation Settlements
Confidential settlement agreements reached between employers and employees resolving claims of discrimination, retaliation, and harassment may not be so secret anymore.
On March 18, 2019, New Jersey Governor Phil Murphy
Continue ReadingNegligent Infliction of Emotional Distress Claim Allowed to Proceed in Medical Malpractice Claim
MORTGAGE FORECLOSURE – PROVING RPAPL 1304 COMPLIANCE
Citimortgage, Inc. v Succes, 2019 NY Slip Op 02058, Decided on March 20, 2019, Appellate Division, Second Department:
“RPAPL 1304(1) provides that “at least ninety days before a lender, an
Continue ReadingAlleged Low-Ball UIM Offer Not Per Se Bad Faith
Court Holds That A “Gun Trust” Can Hold Other Assets
In Estate of Keener, two heirs of a trust settlor filed an application to declare heirship. No. 13-18-00007-CV, 2019 Tex. App. LEXIS 1222 (Tex. App.—Corpus Christi February 21, 2019,
Continue ReadingCorporate & Commercial
Delaware Supreme Court to Address Efficient Markets in Aruba
Law360 [$$] ran this piece today, Are Delaware Courts Last To Believe In Efficient Markets?, discussing Delaware Chancery’s Aruba decision, its treatment of the efficient market hypothesis, and the Supreme
Continue ReadingSEC Settles Charges with 79 Self-Reporting Advisers in Share Class Selection Disclosure Initiative
On March 11, 2019, the SEC announced that it settled charges against 79 investment advisers who self-reported violations in connection with the SEC’s Share Class Selection Disclosure Initiative (the “Initiative”).
Continue ReadingOne Size Does Not Fit All: The Need for a Tailored Code of Conduct
Codes of Conduct are designed to set forth an organization’s values and principles, while detailing expectations for employees. In many ways, it is one of the most important documents an
Continue ReadingBest Practices for Boards and Individual Directors
In today’s climate, boards are under increased scrutiny and governance continues to be a key compliance function. As a result, sound governance practices are an important focus for organizations.
Boards
Continue ReadingFINRA Issues Guidance on FOCUS Reporting for Operating Leases
On March 19, the Financial Industry Regulatory Authority, Inc. (FINRA) released Regulatory Notice 19-08 to provide guidance to members for reporting lease assets and liabilities on their FOCUS reports. FINRA’s
Continue ReadingEmployment & Labor
When an FLSA Blended Rate Improperly Acts as a Regular Rate: A Case in Point
The Fair Labor Standards Act (FLSA) generally requires employers to pay non-exempt employees overtime pay at one and one-half times their “regular rate” of pay for all hours worked over
Continue ReadingNLRB’s Division of Advice Gives “Advice” As to the Application of Boeing — When a Work Rule/Employment Agreement is Facially Valid Under the NLRA in Union and Union Free Workplaces
In The Boeing Company, 365 NLRB No. 154 (2017), the National Labor Relations Board (NLRB) reassessed the standard it would apply when determining the facial validity of otherwise neutral
Continue ReadingDiscounted meal policy requiring employees to stay on company premises upheld
In Rodriguez v. Taco Bell Corp., 896 F.3d 952 (9th Cir. 2018), an employee brought a putative class action alleging that Taco Bell’s discounted meal policy effectively denied employees
Continue ReadingDiscussions with EI Officers: Employers Should Tread Carefully
Employers commonly receive calls from Employment Insurance (EI) Officers seeking clarification of the information provided by the employer in a Record of Employment (ROE). The clarification or confirmation typically relates
Continue ReadingNew Jersey Law Prohibits Prospective Waivers and Secret Discrimination, Retaliation, or Harassment Settlements
On March 18, 2019, New Jersey Governor Phil Murphy signed a bill amending the New Jersey Law Against Discrimination (LAD) to prohibit contractual provisions that result in the wavier of
Continue ReadingDon’t Throw Out Your Old Construction MSA Just Yet – LA Middle District Holds That the Date of the MSA Controls (Not the Date of the Work Order) For Purposes of Applying the Louisiana Construction Anti-Indemnity Act
The Louisiana Construction Anti-Indemnity Act (La. R.S. 9:2780.1) generally renders null, void and unenforceable any provision in a construction contract (defined broadly to include design, construction, alteration,
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Food, Drug & Agriculture
Health Care
Insurance
- Can An Insurer Waive Its Right to Appraisal?
- Don’t Throw Out Your Old Construction MSA Just Yet – LA Middle District Holds That the Date of the MSA Controls (Not the Date of the Work Order) For Purposes of Applying the Louisiana Construction Anti-Indemnity Act
- Surplus Lines Carriers Select Arbitration and Choice of Law in New York to Pay Less Coverage and Less on Claims