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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…
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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…
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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…
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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…
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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…
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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…
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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…
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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)…
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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…
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