It is not often that a United States Court of Appeals issues a decision on trade secrets, much less one involving the review of a bench trial that drew legal conclusions on the scope of trade secret law and the propriety of compensatory and punitive damages. On April 30, 2020, in Advanced Fluid Sys., Inc.
The EEO-1 Saga Continues — An Appeal, Additional Requirements, and More…
Employers would be forgiven for feeling figurative whiplash from all of the developments surrounding the EEO-1 in recent weeks. After understanding they would not have to submit pay data with their EEO-1 submissions (referred to as “Component 2 data”), in a series of rulings. Judge Tanya Chutkan reinstated the obligation. Since then, employers have been
United States Supreme Court Says that Equitable Tolling Cannot Extend Deadline to Appeal Class Certification Decisions Under Rule 23(f)
In a unanimous decision authored by Justice Sotomayor on February 26, 2019, the Supreme Court held that the 14-day deadline to seek permission to appeal a decision granting or denying class certification under Federal Rule of Civil Procedure 23(f) cannot be extended through the doctrine of equitable tolling. Nutraceutical Corp. v. Lambert, No. 17-1094,
Trump DOL Presses Pause Button on Appeal of Overtime Rule Injunction
Remember the new federal overtime rule that was going to double the minimum salary for the “white collar” exemptions? In November, a Texas district court issued a nationwide injunction preventing the rule from taking effect. The DOL successfully petitioned the Fifth Circuit for an expedited appeal of the injunction in December, and briefing was to
Proskauer Duo Publish Article “Class Certification Orders Under Rule 23(f)” with NYLJ
Proskauer partner Mark Harris, along with associate John Roberts, recently published an article “Appealing Class Certification Orders Under Rule 23(f)” which appeared in the New York Law Journal. To read the article, click here.
Second Circuit: FAA Mandates Stay of Claims Pending Arbitration
The Second Circuit recently held in Katz v. Cellco P’Ship d/b/a/ Verizon Wireless, Nos. 14-138, 14-291, 2015 WL 4528658 (2d Cir. July 28, 2015) that, under the Federal Arbitration Act (“FAA”), district courts must stay all proceedings upon a finding that the claims before the court are subject to arbitration if a stay is