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Results: 1-10 of 1,203

Court rejects pseudo-expert reports and refuses to certify off-the-clock case

  • Baker & Hostetler LLP
  • -
  • USA
  • -
  • August 15 2014

Off-the-clock cases involving call centers have been in vogue for a number of years despite lingering issues regarding whether they can truly be

Foreign Corrupt Practices Act 2014 mid-year update

  • Baker & Hostetler LLP
  • -
  • USA
  • -
  • August 15 2014

The most significant FCPA development thus far in 2014 has been the 11th Circuit’s attempt to define “instrumentality” in U.S. v. Esquenazi. Under

Sixth Circuit refuses to uphold collective action waiver absent arbitration

  • Baker & Hostetler LLP
  • -
  • USA
  • -
  • August 11 2014

My working title for this blog was "collective action grab bag," concerning the recent Sixth Circuit case in Killion v. KeHE Distributors, LLC, Case

10th Circuit limits ESA consultation obligations to boundaries of the agency action

  • Baker & Hostetler LLP
  • -
  • USA
  • -
  • August 5 2014

This past week, the 10th Circuit held that the Environmental Protection Agency (EPA) had no obligation to engage in consultation pursuant to Section

Third Circuit: availability of classwide arbitration is an issue for the courts not arbitrators unless the parties agreed otherwise

  • Baker & Hostetler LLP
  • -
  • USA
  • -
  • August 1 2014

Wednesday, the Third Circuit held that the determination of whether an agreement allows classwide arbitration is a question of arbitrability for the

NLRB to McDonald’s: not lovin’ it

  • Baker & Hostetler LLP
  • -
  • USA
  • -
  • July 31 2014

In a breathtaking announcement issued on July 29, 2014, the Office of the General Counsel of the National Labor Relations Board has authorized the

Second Circuit finds auditors exempt and endorses limits on class discovery

  • Baker & Hostetler LLP
  • -
  • USA
  • -
  • July 28 2014

While the number of class or collective action lawsuits has exploded, decisions from Circuit Courts of Appeal, particularly on procedural issues, are

Joint employment finding leads to unexpected $3 million liability in hospital malpractice case

  • Baker & Hostetler LLP
  • -
  • USA
  • -
  • July 25 2014

When Washington Hospital obtained an insurance policy in 2003 to cover medical claims arising from acts by its employees, its insurer probably did

Clash of the circuits: federal exchange subsidies at risk?

  • Baker & Hostetler LLP
  • -
  • USA
  • -
  • July 24 2014

These four words "established by the state," at first blush do not appear obtuse or particularly vague. But these four words form the basis for the

The orphan drug wars: HHS interpretive rule clarifies orphan drug exclusion

  • Baker & Hostetler LLP
  • -
  • USA
  • -
  • July 22 2014

On July 21, 2014, the U.S. Department of Health and Human Services (HHS) released an "Interpretive Rule" in response to a recent U.S. District Court