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Shearman & Sterling LLP | USA | 1 Jun 2023
The United States Supreme Court Unanimously Holds That Litigants Can Appeal A “Purely Legal” Issue Resolved At Summary Judgment Without Making A Post-Trial Motion
On May 25, 2023, the United States Supreme Court unanimously held that a post-trial motion under Federal Rule of Civil Procedure (“FRCP”) 50(b) is…
Riess LeMieux | USA | 17 May 2023
Legal update: Riess Lemieux recently prevails on supervisory writ application to the Louisiana Fourth Circuit court of appeal, overturning a trial court’s denial of the firm client’s demand for defense and indemnity as an additional insured under a subcontractor’s auto policy.
On April 10, 2023, the Louisiana Fourth Circuit Court of Appeal reversed the trial court’s denial of Riess LeMieux’s Client’s Motion for Summary…
Shawe Rosenthal LLP | USA | 28 Apr 2023
Don’t Forget to Provide Another WARN Notice If the Employees’ Separation Date is Delayed
The federal Worker Adjustment and Retraining Notification Act requires certain employers to give 60 days' written notice of mass layoffs and plant…
Shawe Rosenthal LLP | USA | 28 Apr 2023
“Not a Good Fit” Might Be Grounds for Termination - But You Must Be Able to Back It Up
Employers sometimes assert that an employee is "not a good fit" for the company. Such vague terminology may be problematic when the employee claims…
Venable LLP | USA | 26 Apr 2023
Fourth Circuit Holds That Government Contractors Can Rely on Fiduciary Duty of Loyalty to Prevent Employees from Direct Competition Even Without a Non-compete
The U.S. Court of Appeals for the Fourth Circuit has found that employees can breach their duty of loyalty to their employers and tortiously…
Hunton Andrews Kurth LLP | USA | 20 Apr 2023
Fourth Circuit Outlines Pitfalls in Using Severance Plans for Layoffs
The Fourth Circuit issued an opinion in Messer et al. V. Bristol Compressors International, LLC et. Al. That should serve as a cautionary tale to…
Duane Morris LLP | USA | 19 Apr 2023
Federal District Court in Virginia Rejects Two-Step “Conditional Certification” FLSA Process
On April 14, 2023, U.S. District Court Judge T. S. Ellis, III joined in the fray over whether the long-used two-step process for issuing notice of a…
Orrick, Herrington & Sutcliffe LLP | USA | 14 Apr 2023
Divided 4th Circuit: Including GAP coverage does not eliminate auto loan exemption from MLA
On April 12, a split U.S. Court of Appeals for the Fourth Circuit held that loans borrowed in part to finance the purchase of a car are not governed…
Sidley Austin LLP | USA | 30 Mar 2023
FERC v. Powhatan Energy Fund, LLC Saga Ends With Default Judgment Against Powhatan Energy Fund
On March 22, 2023, the U.S. District Court for the Eastern District of Virginia (Court) granted the Federal Energy Regulatory Commission’s (FERC)…
Shearman & Sterling LLP | USA | 24 Mar 2023
Fourth Circuit Affirms Dismissal Of Securities Fraud Class Action Against Cancer Drug Manufacturer For Failure To Allege False Or Misleading Statements
On March 2, 2023, the United States Court of Appeals for the Fourth Circuit affirmed the dismissal of a putative securities class action against a…
