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Results:1-10 of 48

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)


Fifth Circuit Instructs that, When Raised, Arbitrability is a Gateway Issue that Must Be Considered Prior to Conditional Certification in FLSA Collective Actions
  • Proskauer Rose LLP
  • USA
  • October 10 2016

On October 4, 2016, the Fifth Circuit in Reyna v. International Bank of Commerce instructed district courts that when the issue of arbitrability is


Proskauer is perspective
  • Proskauer Rose LLP
  • USA
  • January 13 2011

Our look back at the past year, and forward into the coming year, confirms the enduring nature of ERISA litigation practice.


Employer granted leave to appeal remand of wage-and-hour case
  • Proskauer Rose LLP
  • USA
  • January 11 2011

Bradford Coleman sued his employer, Estes Express Lines and its regional division Estes West, in state court for alleged violations of California wage and hour statutes.


Superiority beats enormity: 9th Circuit rejects denial of FACTA class certification based on disproportionality of damages
  • Proskauer Rose LLP
  • USA
  • October 12 2010

In a decision filed September 27, 2010, the U.S. Court of Appeals for the Ninth Circuit reversed a California district court’s refusal to certify a class action alleging violations of the Fair and Accurate Credit Transactions Act (“FACTA”) because, among other things, the defendant’s potential liability for statutory damages was out of proportion to any harm suffered by the plaintiff.


U.S. Supreme Court to consider “prevailing party” status as a requirement to entitlement to attorney’s fee award under ERISA
  • Proskauer Rose LLP
  • USA
  • February 3 2010

On January 15, 2010, the U.S. Supreme Court granted certiorari in Hardt v. Reliance Standard Life Ins. Co., No. 09-448, and agreed to consider the question of whether a party in an ERISA action must be a “prevailing party” to be entitled to an award of attorney’s fees and costs under Section 502(g)(1), 29 U.S.C. 1132(g)(1).


Russell L. Hirschhorn
  • Proskauer Rose LLP

Daniel Werb
  • Proskauer Rose LLP

Andrew M Katzenstein
  • Proskauer Rose LLP

Amy Covert
  • Proskauer Rose LLP