May 22, 2019

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May 20, 2019

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FEATURED ARTICLES

California Free Speech & Employment
With political campaigns well underway, the protection of “free speech” and concerns that regular political discourse could create ... Read More >
Trump Immigration Plan
On May 16, 2019, President Donald Trump outlined, in broad strokes, his new immigration plan. The proposal delineates two primary goals:... Read More >
Student Loan Servicers
In a letter sent to Senator Elizabeth Warren regarding the CFPB’s supervision of student loan servicers, CFPB Director Kathy... Read More >
Huawei and Affiliates Added to U.S. Department of Commerce Entity List
On May 21, 2019 the US Commerce Department, Bureau of Industry and Security (BIS) is expected to publish in the Federal Register a Final Rule... Read More >
California Consumer Privacy Act SB 561 amendment dead
Whether your favorite movie is The Wizard of Oz or The Princess Bride, we can all agree there is some good news about the California Consumer... Read More >
Antitrust suit v Apple May Proceed
In a 5-4 ruling issued on Monday, the U.S. Supreme Court in Apple Inc. v. Pepperdetermined that iPhone users may proceed with their claims... Read More >
FBI Alert, ransomware cyberattack
According to a recent FBI Flash, Ryuk ransomware has hit more than 100 U.S. companies since August 2018, with a “disproportionate impact on... Read More >
NLRB Uber & Gig Economy worker decision
In an Advice Memorandum dated April 16, 2019, but released on May 14, 2019, the NLRB’s General Counsel staked out a position in one... Read More >
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President Trump Ignoring Foreign Emoluments Clause
President Trump’s emoluments problem keeps popping up and smacking him in the face. This week he... Read More >
 SEC Process for a Whistleblower Award
Under the SEC Whistleblower Program, the SEC is required to pay awards to eligible whistleblowers... Read More >
Uber ride-share independent contractors
The Division of Advice of the National Labor Relations Board (“NLRB” or “Board”), in an Advice... Read More >
 Mission Product Holdings Inc. v. Tempnology: SCOTUS
The Supreme Court held yesterday that a debtor-licensor’s rejection of a trademark licensing... Read More >
As we anticipated in our recent alert on the second round of proposed Opportunity Zone (“OZ”)... Read More >

Federal Court News

Indian Nations Law Update - May 2019

Selected Court Decisions

In Gingras v. Think Finance, Inc., 2019 WL 1780951 (2d. Cir. 2019), Vermont residents brought a putative class action against individuals and companies involved in an online lending ...

Eleventh Circuit Removal Jurisdiction Included Within Federal Subject-Matter Jurisdiction

In 2001, Del Monte International GmbH and Inversiones y Procesadora Tropical INPROTSA, S.A. entered into an agreement for the production, packaging, and sale of MD-2 pineapples, a variety of pineapple that Del Monte had developed and which...

TCPA ATDS Definition

The Northern District of Illinois was one of the first courts after ACA International to hold that a telephonic system must have a random or sequential number generator to be an ATDS. The court recently doubled down on that position,...

NFL players class members and litigation funding companies

On April 26, 2019, the Third Circuit Court of Appeals reversed in part and affirmed in part a district court order purporting to void cash advance agreements entered into by and between class members and litigation funding companies in ...

Apple-Qualcomm Investigation Exclusion Orders

In her April 16, 2019 Public Interest Findings, Administrative Law Judge (“ALJ”) McNamara decisively stated that antitrust issues disguised as competitive conditions arguments are not a factor in the International Trade Commission (“ITC”)...

6th Circuit Recap: Railroal laws and Substantive unreasonableness

No arguments at the court last week, but we received 13 published opinions and 9 unpublished opinions. Plus, as we’ll discuss later this week, one white-hot denial from en banc review that produced four separate...

State Court News

California Insurance Consumer Privacy

Earlier this year, California legislators proposed A.B. 9811  (“the proposal”), which, among other things, would have exempted insurance institutions, agents and support organizations2  (“insurers”) from many provisions of...

Fabricant v. Paramount Payment - TCPA Texting Suit

TCPA defendants often face the peril of being dragged into court in faraway venues. This can make defending the case difficult, needlessly expensive and may subject to the Defendant to a hostile out-of-state fact finder.

Personal...

minneapolis paid sick leave

Minneapolis’ Sick and Safe Ordinance extends to any employee who performs at least 80 hours of work per benefit year in the City of Minneapolis, even if his or her employer is not located within the city’s limits, the Minnesota...

INTERNATIONAL LAW NEWS

Required Data Protection Impact Assessments GDPR

Much has happened since the European Union (EU) General Data Protection Regulation (GDPR) went into effect on May 25, 2018. Many EU countries have enacted national legislation to implement and expand the requirements of the GDPR, while other...