Class Action & Mass Torts

January 22, 2021

The laws governing wages and hours of work affect nearly everyone—and have a significant affect on class and collective actions. How employees are paid, whether as hourly non-exempt, salaried-exempt, tipped, or commissioned sales workers, and how much they are paid, are questions of deep interest to employees and employers alike. And because the laws regulating wages generally apply only to employees, as opposed to independent contractors, who is an employee is also a significant issue…

Law Questions Answered

Streamlined Small Business Bankruptcies?

By Michael R King

January 21, 2021

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QUESTION: WILL THE DEADLINES SET BY THE SMALL BUSINESS REORGANIZATION ACT OF 2019 ACTUALLY SPEED UP SMALL BUSINESS BANKRUPTCIES? ANSWER: SMALL BUSINESS REORGANIZATIONS WILL ONLY BE FASTER IF THE DEADLINES ARE ENFORCED. Other than sunrise and sunset, few deadlines are self-enforcing!The mandatory expedited deadlines in the Small Business Reorganization Act won’t speed up cases unless judges enforce them. If the Standing Trustees and the creditors actively urge courts to enforce the rules, there is a…

Consumer Class Defense Counsel

BIPA in Review: Recapping the Seventh Circuit’s Article III Standing Decisions

By Christopher G. Ward & Aaron R. Wegrzyn

January 21, 2021

Last Thursday, the Seventh Circuit issued its fourth opinion in two years addressing Article III standing in the context of Illinois’s Biometric Information Privacy Act (BIPA). The court handed the plaintiff in Thornley v. Clearview AI, Inc. a “win,” concluding she lacked Article III standing to pursue her BIPA claims in federal court and, therefore, affirming the district court’s decision to grant her motion to remand the case back to state court. Given the recurring…

Workplace Class Action Blog

Accolades For Seyfarth’s 2021 Annual Workplace Class Action Litigation Report

By Seyfarth Shaw LLP

January 21, 2021

By Gerald L. Maatman, Jr. Seyfarth Synopsis: In its recent review of Seyfarth’s 2021 Annual Workplace Class Action Litigation Report, EPLiC Magazine called the Report a “must-have resource,” the “only publication of its kind,” and that no corporate counsel “should be without it.” We are humbled and honored by the recent review of our 2021 Annual Workplace Class Action Litigation Report by Employment Practices Liability Consultant Magazine (“EPLiC”) – the review is here. EPLiC…

Workplace Class Action Blog

EEOC Update: The Commission Releases Its FY 2020 Litigation Performance Report Card

By Seyfarth Shaw LLP

January 20, 2021

By: Gerald L. Maatman, Jr., Christopher DeGroff, Matthew J. Gagnon, and Alex S. Oxyer Seyfarth Synopsis: On January 19, 2020, the EEOC released its second-ever Annual Performance Report (“APR”) for Fiscal Year 2020 (see here). In essence, it is a report card on the Commission’s activities, including its record relative to enforcement litigation. That said, the APR is an analysis of the EEOC’s litigation goals and performance results, and contains important data…

Drug Injury Watch

Gilenya Liver Injury Risk Warnings Are Increased, Again, This Time in Canada

By Tom Lamb

January 19, 2021

Similar Gilenya Drug Label Changes Were Made in Europe and UK During Past Few Months (Posted by Tom Lamb at Drug Injury Watch) On January 18, 2021 Health Canada posted a Gilenya drug safety alert about patients developing Gilenya-associated liver injury, including acute liver failure requiring liver transplant. In the final two months of 2020 we saw similar Gilenya liver risk warnings announced by drug regulators in Europe and the United Kingdom…

Product Liability & Mass Torts Blog

Vehicle Manufacturers Face Cybersecurity Challenges

By Mariam Chamilova & Jill Berry

January 19, 2021

Over the last several decades, there have been significant advancements in automotive technology. Today’s vehicles are equipped with more and more sophisticated computer systems than ever before. But as our reliance on technology continues to grow, so does the potential for cybersecurity attacks and resulting litigation. That’s why it’s becoming increasingly important for car manufacturers to pay close attention to the legal landscape.…

Employment Class Action Blog

The Fifth Circuit Rejects Two-Stage Conditional Certification Procedure for FLSA Collective Actions

By Greg Mersol

January 15, 2021

Court directs application of a more rigorous and more sensible standard. Much of the current tsunami of wage and hour litigation across the country has been fueled by the use of a two-step procedure in Fair Labor Standards Act (“FLSA”) collective actions that simultaneously facilitates the bringing of such claims and puts unreasonable pressure on defendants to settle them. We’ve commented on this procedure and its effects on several occasions. (Read our August 21, 2019…

Class Action Countermeasures

Sixth Circuit Widens Circuit Split On Class Action Incentive Payments

By Diane Flannery, Bethany Gayle Lukitsch, Trent Taylor & Drew Gann

January 15, 2021

On September 18, 2020, we wrote an article discussing how the United States Court of Appeals for the Eleventh Circuit in Johnson v. NPAS Solutions, LLC, No. 18-12344 (11th Cir. 2020) held that class action incentive payments were improper because “incentive award[s] constitute[] a salary, a bounty, or both[.]” While the Eleventh Circuit mulls on whether to review this issue en banc, on January 14, 2020, the United States Court of Appeals for the Sixth…

Consumer products law blog

California flammability standard for upholstered furniture goes national

By Will Troutman (US) & Eva Yang (US)

January 15, 2021

On December 21, 2020, Congress passed The Safer Occupancy Furniture Flammability Act (SOFFA), which was presented alongside other legislation in a $1.4 trillion COVID relief omnibus bill. SOFFA requires the adoption of California’s TB 117-2013 as a federal flammability standard for residential upholstered furniture. TB 117-2013 outlines performance standards and methods for testing the smolder resistance of cover fabrics along with the barrier, filling, and decking materials used in upholstered residential furniture. Background Historically, there…

Class Action & Mass Torts

2020 Wage & Hour Developments: A Year in Review

Streamlined Small Business Bankruptcies?

BIPA in Review: Recapping the Seventh Circuit’s Article III Standing Decisions

Accolades For Seyfarth’s 2021 Annual Workplace Class Action Litigation Report

EEOC Update: The Commission Releases Its FY 2020 Litigation Performance Report Card

Gilenya Liver Injury Risk Warnings Are Increased, Again, This Time in Canada

Vehicle Manufacturers Face Cybersecurity Challenges

The Fifth Circuit Rejects Two-Stage Conditional Certification Procedure for FLSA Collective Actions

Sixth Circuit Widens Circuit Split On Class Action Incentive Payments

California flammability standard for upholstered furniture goes national

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