Summary On July 22, 2019, in 20/20 Communications, Inc. v. Crawford, 2019 WL 3281412 (5th Cir. July 22, 2019), the Fifth Circuit held that class arbitration is a gateway […]
Ninth Circuit Finds Employers Cannot Use an Employee’s Prior Pay to Defend Against Equal Pay Act Claims
Overview Employers cannot justify disparity in pay for employees of the opposite sex based on past earnings, an en banc panel of the Ninth Circuit ruled in Rizo v. […]
Federal Circuit applies unforgiving standard for accrual of statute of limitations on DTSA claims | White & Case LLP
On May 28, 2026, the US Court of Appeals for the Federal Circuit overturned a $59 million damages award for trade secret misappropriation under the Defend Trade Secrets […]
NLRB Asks Sixth Circuit to Revisit its Rejection of Cemex | Dinsmore & Shohl LLP
Key Takeaways: In 2023, the NLRB implemented the Cemex framework, which allowed the NLRB to impose remedial bargaining orders even where a fair rerun election might be possible. […]
OSHA COVID-19 ETS – Sixth Circuit December 3, 2021 Order Confirming Briefing Schedule and Resolving Procedural Motions
On November 4, 2021, the Occupational Safety and Health Administration (“OSHA”) released an Emergency Temporary Standard (“ETS”) requiring employers with 100 or more employees to implement mandatory COVID-19 […]
Fifth Circuit Rules That COVID-19 Does Not Satisfy the “Natural Disaster” Exception to the Warn Act’s Notice Requirement
On June 15, 2022, in Easom v. US Well Services, Inc., the Court of Appeals for the Fifth Circuit reversed a decision by the District Court for the […]
D.C. Circuit Again Sets Aside the NLRB’s Browning-Ferris Decision
On July 29, 2022 the D.C. Circuit issued the latest opinion in the long-running legal battle over the NLRB’s joint-employer standard. The court concluded that it would not […]
Second Circuit Affirms Dismissal of Securities Claims Arising from Reverse Split of Exchange-Traded Notes | Cadwalader, Wickersham & Taft LLP
The United States Court of Appeals for the Second Circuit recently issued a per curiam opinion in Knapp v. Barclays PLC,1 affirming the dismissal of a putative securities […]
AB 51 Update: Ninth Circuit Issues Final Decision Striking Down California Ban on Mandatory Arbitration Agreements
The Ninth Circuit upheld the District Court’s injunction against enforcement of California Assembly Bill 51 (“AB 51”), a law that prohibited employers from requiring mandatory arbitration agreements as […]
Divide Emerges Between Circuit Courts of Appeal Regarding the Standard for Issuing Notice to “Potential Plaintiffs” in FLSA Collective Actions
Summary The Fair Labor Standards Act of 1938 (“FLSA”) includes a collective-action mechanism that allows courts to direct that notice be sent to individuals who are “similarly situated” […]