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Northern District of California revives dismissed autodialer class action
  • Nixon Peabody LLP
  • USA
  • April 27 2017

On April 14, the plaintiffs in Brinker v. Normandin’s, a California class action, got a second chance to pursue their TCPA claims against a car

Another Way To Challenge Standing In Data Breach Cases
  • Ropes & Gray LLP
  • USA
  • April 24 2017

A common tactic in defending federal consumer data breach litigation is challenging the plaintiff’s standing on a motion to dismiss. Specifically

What Am I Doing Wrong?? Common FMLA Mistakes - Forgetting to consider whether an employee is entitled to FMLA leave based on an in loco parentis relationship.
  • Jackson Lewis PC
  • USA
  • April 11 2017

“What did I do wrong?” and “Am I doing this correctly?” are frequent questions from clients regarding FMLA administration. This is the seventh in a

Procurement Pulse - April 2017
  • DLA Piper LLP
  • United Kingdom
  • April 6 2017

Breach of the procurement rules raises the difficult dilemma of providing sufficient information to disaffected bidders to ensure that the playing

District Court Calls Into Question Scope of CMS Overpayment Rules
  • Sidley Austin LLP
  • USA
  • April 6 2017

The question of when an overpayment becomes "identified" for purposes of False Claims Act liability has generated significant uncertainty, and one

Two Recent Appellate Decisions Illustrate Divergent Approaches To Spokeo
  • Mayer Brown LLP
  • USA
  • March 27 2017

Hundreds of lower courts have interpreted and applied the Supreme Court’s decision in Spokeo, Inc. v. Robins over the past ten months. We will provide

Spokeo and the TCPA: Mere Receipt of Fax with Non-Compliant Opt-Out Notice is Not “Concrete Injury”
  • Kilpatrick Townsend & Stockton LLP
  • USA
  • March 17 2017

In ARcare v. Qiagen N. Am. Holdings, Inc., No. CV 16-7638 PA (ASX), 2017 WL 449173, at 1 (C.D. Cal. Jan. 19, 2017), the district court granted the

March Inevitableness? Considering the Legal Consequences of Pay to Student-Athletes
  • Mintz Levin Cohn Ferris Glovsky and Popeo PC
  • USA
  • March 16 2017

As of this writing, it has been over 850 days since the UConn women’s basketball team has lost a game. When the Huskies last tasted defeat (in an

Fourth Circuit To Plaintiffs: “Could” Isn’t Enough For Standing
  • Cozen O'Connor
  • USA
  • March 16 2017

A split continued to develop in the federal courts last month as the Fourth Circuit denied Article III standing to the plaintiffs in a data breach

California's Automatic Renewal Law: three recent decisions, and what they mean for businesses
  • DLA Piper LLP
  • USA
  • March 16 2017

Yet another trial court has decided the question of whether California's Automatic Renewal Law (ARL) provides a private right of action. The answer is a resounding no. So where does this leave the state of lawsuits for automatically renewing plans for goods and services in California?