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Squire Patton Boggs | USA | 10 Apr 2019
If at First You Don’t Succeed, Try Again: Court Grants Defendant’s Renewed Motion to Compel Arbitration After Finding Agency & Applicability of Terms to TCPA Claim
A motion to compel arbitration and stay proceedings is often a defendant's best weapon in TCPA litigation. But is this strategy viable when a…
Jackson Lewis PC | USA | 27 Feb 2019
Fifth Circuit Rules District Court Erred in Ordering Notice of Collective Action to Employees who Signed Arbitration Agreements
In a significant case of first impression, the U.S. Court of Appeals for the Fifth Circuit just held it to be in error for a district court to order…
Phillips Lytle LLP | USA | 27 Feb 2019
The Employer’s Duty to Preserve Employee Cellular Phone Data
With the proliferation and technological advances of cellular phones, the role of these devices in the workplace has evolved at a rapid pace. While…
Atkinson Andelson Loya Ruud & Romo | USA | 14 Feb 2019
Supreme Court Issues Twin Rulings on Arbitration Agreements
In December 2018, the United States Supreme Court issued two rulings affecting arbitration agreements entered into under the Federal Arbitration Act…
Proskauer Rose LLP | USA | 30 Jan 2019
Notice of Terms via Buried Link within a Post-Sale Email Unenforceable
In Starke v. SquareTrade, Inc., No. 17-2474, 2019 WL 149628 (2d Cir. Jan. 10, 2019), the Second Circuit affirmed a ruling that denied a web service’s…
Porter Wright Morris & Arthur LLP | USA | 23 Jan 2019
Court orders plaintiff in FMLA lawsuit to produce private social media content in discovery
In many employment cases, the parties engage in a battle over content in the Plaintiff’s private social media accounts. The recent decision from the…
Ropes & Gray LLP | USA | 21 Jan 2019
Judge Gilstrap Cautions on Tactics Directed Solely to PTAB Interests
Litigants beware; Judge Rodney Gilstrap (E.D. Texas) warned litigants considered to be using the district court proceedings to Posture positions in…
McGuireWoods LLP | USA | 18 Jan 2019
Arbitration Roundup: Three Recent Cases Consider the Interpretation and Enforceability of Arbitration Agreements
The Supreme Court and the Third Circuit decided three cases in the last week relating to the interpretation and enforceability of arbitration…
Shearman & Sterling LLP | USA | 15 Jan 2019
Supreme Court Rules That Agreements Delegating Arbitrability Determinations To Arbitrators Must Be Enforced As Written And Are Not Subject To A “Wholly Groundless” Exception
On January 8, 2019, in a unanimous opinion authored by Justice Kavanaugh, the United States Supreme Court held that courts must enforce as written…
Manatt Phelps & Phillips LLP | USA | 8 Jan 2019
Lyft Steers FCRA Suit Into Arbitration
The arbitration agreement found in the terms of service a user must agree to when downloading the Lyft app operated to foreclose a Fair Credit…
