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Lewis v. Epic Systems Opinion - Seventh Circuit Swimming Against the Tide on Mandatory Individual Arbitration
  • Baker & Hostetler LLP
  • USA
  • May 31 2016

In a sweeping May 26 opinion, the U.S. Court of Appeals for the Seventh Circuit shook up the arbitral landscape and created a remarkable circuit


No sale -- sales commissions violate anti-kickback statute; prevent enforcement of nonsolicitation
  • Baker & Hostetler LLP
  • USA
  • March 7 2013

A durable medical equipment (DME) distributor, Joint Technology, Inc., entered into an agreement to pay a salesman commissions ranging from 18 to 22


Are charge nurses supervisors? Sixth Circuit decision is cautionary tale for employers
  • Baker & Hostetler LLP
  • USA
  • August 16 2012

Over the past decade, the status of the charge nurse has been the subject of a great deal of uncertainty under the National Labor Relations Act (the Act


Concrete and Particularized Part III: Initial Circuit Court Reactions to Spokeo
  • Baker & Hostetler LLP
  • USA
  • July 19 2016

In the two months since the U.S. Supreme Court issued its much-awaited decision in Robins v. Spokeo, 136 S. Ct. 1540 (2016), a handful of federal


Following Precedent: Second Circuit Reaffirms Position Upholding Arbitration Agreements With Class Action Waivers
  • Baker & Hostetler LLP
  • USA
  • September 6 2016

Amid contrary decisions by the Seventh and Ninth Circuits, the Second Circuit followed its earlier precedent in Patterson v. Raymours Furniture Co


Reining In Individual Arbitration - Ninth Circuit Rules Class Waivers Unenforceable
  • Baker & Hostetler LLP
  • USA
  • August 24 2016

In a 2-1 ruling, the Ninth Circuit became the second federal court of appeals to agree with the National Labor Relations Board’s (NLRB) position that


Health Law Update - August 25, 2016
  • Baker & Hostetler LLP
  • USA
  • August 25 2016

Welcome to this week's edition of the Health Law Update. In This Issue: A Tale of Two Escobars: Federal Courts Begin Grappling with Opposing Views of


Defend Trade Secrets Act - A Budding Avenue for Trade Secret Enforcement
  • Baker & Hostetler LLP
  • USA
  • August 15 2016

In June, agriculture giant Monsanto was the first to use the Defend Trade Secrets Act (DTSA) by filing a federal suit in the Eastern District of


Sixth Circuit Decision Clarifies Timing of Removal Under the Class Action Fairness Act
  • Baker & Hostetler LLP
  • USA
  • April 8 2016

Congress enacted the Class Action Fairness Act, better known as "CAFA," to address some of the well-documented abuses of class action litigation


Employer's unilateral right to modify employee handbook invalidates employee dispute arbitration agreement
  • Baker & Hostetler LLP
  • USA
  • February 19 2009

A Texas Court of Appeals recently held that an employer's arbitration policy was unenforceable because the policy was conditioned upon an illusory promise