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NLRB to healthcare employers facing a strike: you can ask, but employees don't have to tell
  • Proskauer Rose LLP
  • USA
  • July 6 2011

In a 2-1 decision issued on June 30, 2011, the NLRB clarified the interplay of the statutory notice requirements of NLRA Section 8(g) with a health care employer’s right to poll individual employees’ intention to report to work during a strike and the employer's right to enforce neutral work rules requiring patient care employees to provide advance notice of absence. In Special Touch Home Care Services, Inc, 357 NLRB No 2 (2011).pdf, the Board.


Near $2 million copyright damages verdict against non-commercial file-sharing defendant remitted as “gross injustice”
  • Proskauer Rose LLP
  • USA
  • April 14 2010

A $1,920,000 jury award of copyright damages against a "non-commercial individual" for distributing 24 copyrighted songs on a file-sharing network is a "gross injustice" that warrants remitting the verdict to three times the minimum statutory damages of $750 per song, or $2,250 per song ($54,000), a district court ruled.


NLRB permits contractor employee handbilling inside Las Vegas casino
  • Proskauer Rose LLP
  • USA
  • March 28 2011

In a 3-1 decision, the National Labor Relations Board found that a Las Vegas casino violated Section 8(a)(1) of the National Labor Relations Act by prohibiting off-duty employees of a lessee restaurant from distributing handbills to restaurant patrons on the lessor casino's premises.


Supreme Court clarifies the standard governing removal of class action cases to federal court
  • Proskauer Rose LLP
  • USA
  • December 18 2014

The US Supreme Court ruled on Monday that class action defendants need not provide evidentiary submissions in support of their attempts to remove a


Federal Circuit Turns up the Heat on PTAB on Motions to Amend
  • Proskauer Rose LLP
  • USA
  • November 11 2016

The U.S. Court of Appeals for the Federal Circuit is increasingly scrutinizing the handling of Motions to Amend in Inter Partes Review (IPR)


Forum selection clause specifying state court venue operated as waiver of federal forum for claims under ECPA
  • Proskauer Rose LLP
  • USA
  • April 14 2010

A forum selection clause in an agreement for online services that required claims to be brought in the "courts of Virginia" operated as a waiver of a user's right to litigate claims under the Electronic Communications Privacy Act in a federal forum, a district court ruled.


Russell L. Hirschhorn
  • Proskauer Rose LLP

Daniel Werb
  • Proskauer Rose LLP

Rulings, filings and settlements of interest
  • Proskauer Rose LLP
  • USA
  • February 3 2010

In Pollitt v. Health Care Serv. Corp., 558 F.3d 615 (7th Cir. Mar. 10, 2009), cert. granted (Oct. 13, 2009), the Seventh Circuit vacated and remanded the district court’s finding that the Federal Employees Health Benefits Act (“FEHBA”) preempted a participant’s claim that Health Cares Services Corporation (“HCSC”) acted in bad faith by terminating her son’s coverage and seeking reimbursement of benefits previously provided.


U.S. Supreme Court narrows scope of "honest services" prosecution
  • Proskauer Rose LLP
  • USA
  • June 28 2010

The United States Supreme Court recently handed down Skilling v. United States, a significant decision narrowing the “honest services” portion of the federal fraud statutes, 18 U.S.C. 1346.