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Ninth Circuit Finds that ADA Applies to Websites and Apps While Fourth Circuit Rejects ADA Website Plaintiff’s Standing
  • Steptoe & Johnson LLP
  • USA
  • January 16 2019

In the past week, two US Court of Appeals issued notable opinions on standing as part of the ever-evolving landscape of ADA website accessibility

US Supreme Court Grants Certiorari to Resolve Circuit Split on Scienter Requirement for 14(e) Claims Regarding Tender Offers
  • O'Melveny & Myers LLP
  • USA
  • January 16 2019

On April 20, 2018, the Ninth Circuit in Varjabedian v. Emulex, 888 F.3d 399 (2018), held that plaintiffs seeking to recover under 14(e) of the

Granting certiorari in Varjabedian, Supreme Court will address circuit split over disclosure claims in tender offers
  • DLA Piper
  • USA
  • January 7 2019

Last Friday, the US Supreme Court granted certiorari in Emulex Corp. v. Varjabedian, No. 18-459, to answer a potentially far-reaching question under

No Breach, No Standing
  • Robinson & Cole LLP
  • USA
  • December 20 2018

A federal judge recently held that mere allegations that a healthcare provider’s patient information portal failed to utilize sufficient security

Supreme Court Hears Argument on Case with Potentially Significant Implications for the Scope of Section 10(b) Liability
  • Ropes & Gray LLP
  • USA
  • December 6 2018

On December 3, 2018, the U.S. Supreme Court heard oral argument in Lorenzo v. SEC, which involves an attempt by the SEC to use a "scheme liability"

Securities Litigation Update - Fall 2018
  • Fried Frank Harris Shriver & Jacobson LLP
  • USA
  • December 3 2018

On June 18, 2018, the Supreme Court granted certiorari in Lorenzo v. Securities and Exchange Commission (Docket No. 17-1077), a case that considers

Inconsistent Case Law on 28 U.S.C. 1782 Continues to Confuse Litigants and District Courts
  • Hausfeld LLP
  • USA
  • November 28 2018

Two recent federal circuit court decisions highlight a growing divergence among the Supreme Court, circuit courts, and district courts' applications

Cert Petitions May Mean Supreme Court Will Clarify Clean Water Act Jurisdiction
  • Sidley Austin LLP
  • USA
  • November 21 2018

The definition of waters of the United States is central to the CWA. At its core, the Act bans

Supreme Court Agrees to Resolve Circuit Split on FCA Statute of Limitations in Non-Intervened Cases
  • Sidley Austin LLP
  • USA
  • November 20 2018

On November 16, the Supreme Court agreed to resolve a percolating circuit split on an issue of critical importance under the FCA: are relators in

Split Ninth Circuit Cements Circuit Split on Admissibility of Class Certification Evidence
  • Kilpatrick Townsend & Stockton LLP
  • USA
  • November 14 2018

Takeaway: A fractured Ninth Circuit has rejected the opportunity to re-visit a panel decision allowing inadmissible evidence to be considered in