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Unsettled Waters at the Accommodation of Last Resort
  • Jackson Lewis PC
  • USA
  • February 15 2019

In 2019, we are poised to learn where the Fourth Circuit stands on reassignment as an accommodationan issue that has split the Circuits

Seventh Circuit Limits ADEA Protections for Job Applicants
  • Proskauer Rose LLP
  • USA
  • January 29 2019

On January 23, 2019, the Seventh Circuit held that the ADEA’s prohibition of disparate impact discrimination do not extend to job applicants. Kleber

Two Recent Decisions Highlight Procedural Pitfalls in Employment Litigation (US)
  • Squire Patton Boggs
  • USA
  • January 23 2019

Would-be plaintiffs in two employment decisions - one from the Fifth Circuit, one from the Ninth Circuit - were recently reminded that, no matter how

An Update on False Claims Act Litigation: Circuit Splits and Other Developments in 2018
  • K&L Gates
  • USA
  • January 18 2019

Consistent with recent trends, 2018 saw significant activity in False Claims Act (“FCA”) litigation. While the government has made efforts to

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