A federal judge has dismissed a class action lawsuit that challenged the Washington Long-Term Cares Act (“Cares Act”), ruling that because the Cares Act is not established or maintained by an employer and/or employee organization, it is not an employee benefit plan and therefore not governed or preempted by ERISA. The Court also held that
Illinois Supreme Court Holds Workers’ Compensation Act Does Not Bar BIPA Claims
Seyfarth Synopsis: The Illinois Supreme Court issued its long-awaited decision in McDonald v. Symphony Bronzeville Park, LLC, et al., 2022 IL 126511 (Feb. 3, 2022), holding that claims for statutory damages against an employer under the Illinois Biometric Information Privacy Act (“BIPA”) are not preempted by the exclusivity provisions of the Illinois Workers’ Compensation
Oklahoma Supreme Court Concludes Opioid Manufacturer J&J Cannot be Held Liable Under State’s Public Nuisance Law
On November 9, 2021, the Oklahoma Supreme Court in State ex rel. Hunter v. Johnson & Johnson, No. 118474, 2021 WL 5191372 (Okla., Nov. 9, 2021), overturned a $465 million verdict against opioid manufacturer, Johnson & Johnson (“J&J”). In the 5-1 decision, the court held that the district court erred in holding J&J liable
Access to Corporate Books and Records Under Delaware Law: Can Shareholders Obtain Privileged Documents Too?
Requests for the inspection of books and records pursuant to Section 220 of the Delaware General
Corporation Law is an important part of corporate litigation in Delaware. One important issue for these types of proceedings is the scope of documents that these types of requests can reach, particularly when it comes to privileged documents and
First Lawsuit Under the Newly Minted COVID-19 Consumer Protection Act
On Thursday April 15th, the U.S. Department of Justice, on behalf of the Federal Trade Commission (“FTC”) filed a lawsuit in the U.S. District Court for the Eastern District of Missouri against chiropractor Eric A. Nepute and his company Quickwork LLC (the “Defendants”) for violating the new COVID-19 Consumer Protection Act. In the complaint, the
California Supreme Courts Holds That Recording Cell Phone Calls Without Consent Is Unlawful and Subjects Recorders to Class Action Exposure
Introduction
The Supreme Court of California, interpreting California Penal Code section 632.7, recently held in Smith v. LoanMe, Inc. that cellular or cordless phone conversations cannot be recorded by nonparties or the parties to the call without consent of the parties. This decision overturned the Court of Appeal’s previous ruling that consent is only required
Upcoming Client Webinar: What the CFPB’s New Debt Collection Rule Means for You
Monday, May 10, 2021
12:00 p.m. to 1:00 p.m. Eastern
11:00 a.m. to 12:00 p.m. Central
10:00 a.m. to 11:00 a.m. Mountain
9:00 a.m. to 10:00 a.m. Pacific
About the Program
On October 30, 2020, the CFPB released its long-awaited final collections rule, which restated and clarified certain prohibitions on harassment and abuse, false or
Jordan Vick and Kristine Argentine to Moderate Commercial Class Actions: Hot Topics and Trends
Jordan Vick and Kristine Argentine have organized and will be moderating a CLE program for the Federal Bar Association titled Commercial Class Actions: Hot Topics and Trends.
In this program, Seventh Circuit Judge David F. Hamilton and District Court Judge Robert M. Dow, Jr. will offer their
perspectives on significant recent developments at the
Consumer Financial Protection Board Taskforce issues 900-page Report with Broad Recommendations in Waning Days of Trump Administration
Just two weeks before the inauguration of President-elect Biden, and the launch of a new executive
administration, the Consumer Financial Protection Bureau (CFPB or Bureau) Taskforce on Federal Consumer Financial Law (Taskforce) issued a nearly 900-page report making extensive recommendations for legislative and regulatory reform, enactment, and adoption of new initiatives. The Taskforce comprised five
Consumer Lending and CFPB Regulation in The Biden-Harris Era
With the Democrats in control of the House, the Senate, and the White House, combined with the ongoing effect of COVID-19’s effect of consumer lending, we anticipate a heightened focus on consumer protection issues and financial services enforcement at every level in 2021.
President Biden recently appointed FTC Commissioner Rohit Chopra to head the Consumer