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 […]
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” […]
NDAs May Provide Notice to Employees that Covered Information Is a Trade Secret
On June 18, 2025, the U.S. District Court for the District of Colorado wrote, in an opinion granting a motion for a preliminary injunction, that “[t]he existence of […]
7th Circuit Changes Standard for Notice of Proposed Collective Actions
On August 5, 2025, in Richards v. Eli Lilly & Co., No. 24-2574, 2025 WL 2218500 (7th Cir. Aug. 5, 2025), the United States Court of Appeals for […]
Seventh Circuit Rejects Lenient Two-Step ‘Lusardi’ Standard for FLSA/ADEA Collective Action Notice| Law.com
The Seventh Circuit Court of Appeals recently issued a significant ruling for employers facing Fair Labor Standards Act (FLSA) and Age Discrimination in Employment Act (ADEA) collective actions. […]
Non-Creditor Was Entitled to Actual Notice of A Chapter 11 Plan’s Injunction Barring Suits Against Insurance Carriers
A person who was not a creditor of a bankruptcy estate was entitled to actual notice of an injunction that would bar the non-creditor from suing the debtors’ […]
Federal Court Evaluates Constitutionality of School’s Transgender Policy Prohibiting Parental Notice
A Pennsylvania school district won partial dismissal of claims filed by a parent who alleged that a policy prohibiting parental notification when a student transitions to a different […]
SEC Escalates Fight With Robinhood, Sending Wells Notice Over Crypto Unit
Robinhood legal chief Dan Gallagher’s life just got harder. Over the weekend, the company disclosed in an 8-K that it received a “Wells Notice” from the U.S. Securities […]