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Bradley Arant Boult Cummings LLP | USA | 14 Feb 2019

Fifth Circuit Rejects Title VII Transgender Protection, but Grants Summary Judgment on Other Grounds

In Wittmer v. Phillips 66, Judge James Ho of the Fifth Circuit wasted no time stating the Fifth Circuit’s position on whether sexual orientation or…

Constangy Brooks Smith & Prophete LLP | USA | 17 Jan 2019

SCOTUS arbitration decision: Everything old is new again

The Court has delivered employers their first loss in an arbitration case in decades. This week, the U.S. Supreme Court held 8-0 in New Prime, Inc. v…

Jones Day | USA | 5 Dec 2018

PTAB Denies “Same-Party” Joinder

In a recent “same-party” joinder opinion, the PTAB broke with previous decisions to hold that it did not have authority under 35 U.S.C. § 315(c) to…

Gordon Rees Scully Mansukhani | USA | 4 Dec 2018

New York’s Highest Court Puts the “Brakes” on Asbestos Causation Evidence

Earlier this week, New York’s highest court effectively endorsed the “Forsterite defense” for chrysotile in friction products. By a 4-1 decision, the…

Kilpatrick Townsend & Stockton LLP | USA | 26 Nov 2018

The Lamps Plus oral argument suggests the U.S. Supreme Court may address the threshold issue of an arbitrator’s power to adjudicate the claims of absent class members

As we explored in a prior post (“Class arbitration - can it even work?”), conducting a class arbitration like most class actions - that is, giving…

Bressler, Amery & Ross PC | USA | 7 Nov 2018

11th Circuit Denies Access to FINRA Arbitration where Dispute did not Arise out of the FINRA Member's Business Activities

The Eleventh Circuit's latest arbitration-related decision is a brush-back of the claimants securities bar's efforts to extend the breadth of who can…

Jones Day | USA | 10 Sep 2018

PTAB Denies Institution Of Follow-On Petition From Similarly Situated Defendant

In Shenzhen Silver Star Intelligent Tech. v. iRobot Corp., IPR2018-00761, Paper 15 (PTAB Sept. 5, 2018), the PTAB denied institution of Shenzhen…

Marshall Gerstein & Borun LLP | USA | 9 Aug 2018

Federal Circuit Affirms Tribal Sovereign Immunity Does Not Apply to IPR

The Federal Circuit recently affirmed the PTAB’s decision that tribal immunity cannot be asserted in an IPR (Saint Regis Mohawk Tribe v. Mylan Pharma…

Marshall Gerstein & Borun LLP | USA | 31 Jul 2018

Federal Circuit Admonishes PTAB for Taking Short-cuts

In Application in Internet Time v. RPX Corp., Nos. 2017-1698, -1699, -1701 (Fed. Cir. July 9, 2018), the Federal Circuit decided that the Patent Trial…

Morgan, Lewis & Bockius LLP | USA | 30 Jul 2018

California Supreme Court Holds That Employees Must Be Paid for Routinely Worked Minutes Off the Clock

In Troester v. Starbucks Corp., the California Supreme Court held that the Fair Labor Standards Act's de minimis doctrine does not apply to wage…
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