November 12, 2018

November 12, 2018

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FEATURED ARTICLES

DACA Litigation in California
A three-judge panel for the Ninth Circuit Court of Appeals has upheld a nationwide preliminary injunction issued by a California district court... Read More >
On November 8, 2018, the Department of Labor (DOL) issued 4 new opinion letters providing both employers and employees further insight into the... Read More >
Marijuana legislation updates in MI, MO, and UT
Three states approved new marijuana laws on Election Day 2018. Voters approved medical marijuana laws in Missouri and Utah, while Michigan voters... Read More >
Supreme Court Updates
Greetings, Court Fans! While the political branches seized center stage this election week, there has been plenty going on over at The Least... Read More >
First Circuit on Right to Carry Arms
With yet another mass shooting this week, it’s timely to discuss a recent (Nov. 2) decision from the First Circuit, Gould v. Morgan. This... Read More >
health symbol, cms, drug pricing, elections
The 2018 midterm elections changed the balance of power in Washington, DC, with important implications for health policy.  In the House of... Read More >
Visa immigration changes from USCIS
Since President Trump issued his “Buy American and Hire American” Executive Order in April 2017, USCIS has been issuing Requests for... Read More >
Employers hopeful new governor-elect will implement employer-friendly legislation
After Jerry Brown’s second set of 8 years in office (1975-83 and 2011-19), employers now look to Governor-Elect Gavin Newsom for what’s... Read More >
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ip scales, scotus, ptab
On October 26, 2018, the Supreme Court granted certiorari to review the Federal Circuit’s decision... Read More >
usa health care, midterm elections
Tuesday’s midterm elections showed that healthcare is now a top issue among voters, according to... Read More >
retirement jar, tax, employee benefits
Last Friday, the IRS issued eagerly-awaited proposed regulations regarding hardship distributions... Read More >

Federal Court News

Narrow view of relationship with client and attorney taken in recent court decision

On October 27, the US District Court for the District of Minnesota issued an opinion in United States v. Adams, No. 0:17-cr-00064-DWF-KMM (D. Minn. Oct. 27, 2018), addressing attorney-client privilege issues relevant...

money squeeze debt collection fdcpa

The U.S. Court of Appeals for the Seventh Circuit recently ruled that an auto repossession company's alleged demand that a debtor pay an administrative property retrieval fee to retrieve personal property left in her...

phonebank, TCPA, ATDS

A magistrate judge in the Southern District of Florida has recommended that the Defendant’s motion for summary judgment based upon ATDS use be denied.  Fortunately, this isn’t a Marks effect case. In fact, the legal...

Patent interference in prior art reference case

On November 17, 2018, the Fed. Cir. issued a summary affirmance of the PTAB’s interference decision of September 6, 2016, in Kumar v. Sung (...

cell, phone records, tcpa

I hate to break it to you, but I have a rather ugly decision to report to you out of the Middle District of Florida involving class discovery.

It’s one of those class discovery rulings that just sends shivers up your...

gavel , fcra , preemption

In many recent cases—including several chronicled here at FCRAland—courts have dismissed state-law claims when those claims were preempted by FCRA. Yesterday, a court bucked the trend and held that a state-law breach of...

State Court News

In Trascent Management Consulting, LLC v. George Bouri, C.A. No. 10915-VCMR (Del. Ch. Sept. 10, 2018), the Court of Chancery declared a limited liability company agreement unenforceable and rescinded a related...

man with paycheck, new york

Effective December 31, 2018, New York State’s salary basis threshold for exempt executive and administrative employees[1] will increase again, as a part of amendments to the minimum wage orders put in place in 2016....

INTERNATIONAL LAW NEWS

data protection, cnil, canada

Pursuant to Article 35.4 of the RGPD (GDPR), the CNIL has published a list of 14 categories of processing activities for...

Gift Card Act of Australia

Every year, Australian consumers suffer an estimated loss of $70 million through gift cards expiring before use. On 18 October 2018, the Treasury Laws Amendment (Gift Cards) Act 2018 (Gift Card Act)...