In Howard v. Navient Solutions, LLC, 2018 U.S. Dist. LEXIS 180022 (W.D. Wa., Oct. 18, 2018), the US District Court for the Western District of Washington recently held that arbitration provisions in promissory notes (“...

Financial organizations in Illinois are required to follow different apportionment rules than ...

Beginning January 7, 2019, Delaware law will require certain businesses doing business in the state to provide at least 60 days’ advance notice of mass layoffs, plant closings, or relocations.

As a...

As discussed in our May 2018 Alert, Governor Murphy signed New Jersey’s Sick Leave Law (“NJSLL”) on May 2, 2018,...

On Aug. 24, the Illinois Human Rights Act (IHRA) was amended to increase filing timeframes, allow for employee opt-out provisions, and modify the...

On November 6, 2018, when Massachusetts voters go to the polls to select a new Governor and other key elected officers, they will also consider ...

I recently covered liability under Sections 11 and 12 of the Securities Act of 1933 in the securities regulation course that I teaching at the University of California, Irvine School of Law.  Thus, I was interested to read a recent ruling by U.S...

Employers looking for greater transparency on prescription drug pricing and pharmacy benefit manager (PBM) services will soon have a powerful new tool from an unlikely source: California lawmakers.

...

Plaintiffs have attempted a number of creative avenues to avoid the procedural and substantive limitations set forth under the Louisiana Employment Discrimination Law (LEDL), which provides a statutory scheme to address...

The Fifth Circuit Court of Appeals recently held that a New Orleans charter school was not a “political subdivision” exempt from the National Labor Relations Act (NLRA). The NLRA does not apply to States and their political...

On Oct. 6, the U.S. Pastor Council and Hotze Health & Wellness Center filed a federal class action lawsuit against the Equal Employment Opportunity Commission (EEOC) and Attorney General Jeff Sessions in Texas. Plaintiffs...

Last month, New York’s intermediate appellate court reversed a grant of summary judgment in favor of plaintiff MBIA Ins. Corp.^[1] MBIA, an insurer of RMBS trusts and a common plaintiff in this type of litigation, had...

Earlier this year, a federal judge in Delaware dealt a blow to Federal Trade Commission jurisdiction when it partially dismissed a lawsuit it filed alleging violation of antitrust laws.  The dismissal drew attention, in large...

On October 1, 2018, New York State released final documents and resources in connection with its new sexual harassment prevention requirements. Along with the updated guidelines, the deadline to provide a first round of sexual...

The Ohio Supreme Court issued a decision on September 27, 2018 which clarifies the “voluntary abandonment” doctrine, and expands the circumstances under which a claimant’s own actions may preclude the payment of temporary total...

For reasons unknown, your employee has attacked a customer with a weapon, causing grievous bodily injury. Now, you as the employer have been sued in a personal injury lawsuit. The theory is that you negligently hired a...

Here are the most recent health care related regulatory developments as published in the New Jersey Register on October 1, 2018:

• On October 1, 2018, at 50 N.J.R. 2043(a), the State Board of...