On July 13, 2026, in an opinion by Senior Judge Guido Calebresi, the Second Circuit delivered its opinion. Given Judge Calebresi’s confusion at oral argument, between causation and association, and his conflation of precautionary action with causal assessment, informed readers
Current Employees Who Sue Their Employers
This article is for educational purposes only and does not create an attorney-client relationship.Class Actions, PAGA Claims, Individual Litigation, and the Tension Around Continued Employment and No Rehire Clauses in CaliforniaLitigation brought by current employees presents one of the most
The Class Action Weekly Wire – Episode 164: Washington Appellate Court Affirms Rejection Of Motion To Compel Arbitration In Wage & Hour Class Action
Duane Morris Takeaway: This week’s episode features Duane Morris partner Jennifer Riley and senior Associate Kat Alphonso with their analysis of a ruling from the Washington Court of Appeals affirming a trial court’s denial of a motion to compel arbitration
Court Grants Conditional Certification Of Mortgage Underwriter’s Collective Action
By Gerald L. Maatman, Jr., Gregory Tsonis and Christian J. Palacios Duane Morris Takeaways: In Brown v. Equity Prime Mortgage, LLC, Case No. 1:25-CV-1832, ECF No. 38 (N.D. Ga. Aug. 27, 2026), U.S. District Judge Michael L. Brown of the
Twenty-Five Years After September 11, Napoli Shkolnik Continues to Advocate for the 9/11 Community
Twenty-five years after the September 11 attacks, the nation pauses to remember the nearly 3,000 lives lost and to honor the first responders, survivors, and families who continue to carry the physical, emotional, and financial toll of that day. For
Pregnant Workers Fairness Act: Compliance is Key
A multinational technology and consumer-services company that is one of the largest employers in the world is facing a class action lawsuit in the Southern District of New York for alleged failure to comply with the Pregnant Workers Fairness Act
Ninth Circuit Hatches New Opinion Confirming False Advertising Plaintiffs Must Offer Common Proof of Deception
The Ninth Circuit recently confirmed that when a putative class alleges that a marketing representation is deceptive because it is inconsistent with industry standards, plaintiffs must offer common, class-wide proof of deception. See Rusoff v. The Happy Group, Inc., No.
18,607 Privacy Requests, 13 Injuries, and No FCRA Class
On August 26, 2026, LexisNexis won an important, but limited, victory in a proposed class action: a federal court refused to certify a class of people seeking damages for the company’s response to privacy requests which violated the Fair Credit
California SB 690 Could Narrow CIPA Website-Tracking Lawsuits
California Senate Bill 690 is finally moving forward. The original bill would have broadly exempted disclosures made for a “commercial business purpose,” as defined under the California Consumer Privacy Act (CCPA), potentially eliminating many California Invasion of Privacy Act (CIPA)
NLRB Upholds Confidentiality Provision in Arbitration Agreement in Part
Quick Hits
- The NLRB upheld an arbitration confidentiality provision to the extent it protected the confidentiality of the proceedings and the outcome, while found that the provision’s blanket prohibition on disclosing the existence of arbitration was unlawful.
- The NLRB also