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Total Articles: 10

The Ninth Circuit Holds Plaintiff Lacked Standing for an Alleged Violation of the FCRA's "Pre-Adverse Action" Notice Provision

Nationwide class action claims against employers under the federal Fair Credit Reporting Act (FCRA) are more common now than ever before. On July 13, 2018, the U.S. Court of Appeals for the Ninth Circuit issued an opinion, Dutta v. State Farm, addressing an important procedural issue in FCRA cases: constitutional standing. Standing is a legal rule that addresses whether a person has been adversely affected by some action resulting in a right to assert the claim at issue, and a person without standing cannot continue a lawsuit in federal court. The standing issue is being litigated in courts across the country based on the U.S. Supreme Court’s ruling in another FCRA case, Robins v. Spokeo, Inc. In Dutta, the Ninth Circuit ruled for the employer, State Farm, and affirmed summary judgment on the ground that the plaintiff lacked standing to assert his claim for violation of the “pre-adverse action” notice provision in the FCRA.

Technological Advancements Complicate Confidentiality

The increase in connectivity has greatly improved an attorney’s ability to represent her clients. From searching a party on social media, to quickly parsing through online materials, saves hours and hours of time. Furthermore, attorneys can leverage professional organization memberships to seek input from thousands of other practitioners on legal questions or strategic decisions. Thus, an attorney can investigate deeper than ever before and easily liaise with other practitioners. But, this cuts both ways. Attorneys must be aware that technological advances also mean that her own clients and experts are vulnerable, and they must take steps to protect confidential information as necessary.

Attorneys Can’t Bury the Smoking Gun

The smoking gun. That key piece of evidence that will conclusively prove your client’s case and guarantee victory may be out there.

Is Your Forum Selection Clause Mandatory or Permissive: How to know the difference and why you should.

Drafting an agreement that includes a forum selection clause? Preparing to litigate an agreement that includes a forum selection clause and wondering how to argue?

Lawyers Must Admit Mistakes

No one is perfect. In the adversarial arena of litigation, attorneys are rarely willing to admit even having a weak legal argument, let alone an actual error. However, the American Bar Association recently issued an opinion which makes it an ethical duty for attorneys to disclose any material errors in representation to their clients.

A-C Privilege Not Extended to Third Parties

It’s generally known that communications between attorney and client are privileged absent waiver.

Amount in Controversy for Diversity Jurisdiction:

Diversity jurisdiction exists when there is complete diversity of citizenship between the parties and the amount in controversy exceeds $75,000. Generally, the amount in controversy articulated in Plaintiff’s complaint is controlling. However, it is not always that easy. What happens when specific damages are not alleged? How are damages assessed when the relief sought is a declaratory judgment? The court recently examined both scenarios.

ABA Gets Lawyers Heightened Protections for Device Searches at International Borders

U.S. Customs searches have become increasingly invasive over the years. Pursuant to Department of Homeland Security (DHS) policy, U.S. Customs and Border Protection (CBP) operates under the “broad search exception”, which allows searches and seizures at international borders or an equivalent (e.g. international airports) without probable cause or a warrant. CBP’s searches are deemed “reasonable” per se, and thus not a Fourth Amendment violation, which protects against “unreasonable searches and seizures”. The broad power of the CBP, of course, stems from concern for national security.

SCOTUS Ruling Helps Plaintiffs Get Second Bite At The Apple Through Supplemental State Claims

In a 5 to 4 decision, the U.S. Supreme Court ruled today that any statute of limitations applicable to an employee’s state law claims are suspended during the pendency of a federal lawsuit in which the state law claims are included. This decision gives employees additional time to refile claims in state court once a federal court declines to decide them.

The Eastern District of Wisconsin Limits Corporate Defendant’s Efforts To Redact Large Portions Of Business Information In Discovery

In IDC Financial Publishing Inc. v. BondDesk Group LLC, et al., Case No. 15-cv-1085 (PP), 2017 U.S. Dist. LEXIS 177626 (Oct. 26, 2017), a case involving allegations of copyright infringement, the District Court for the Eastern District of Wisconsin granted the Plaintiff’s motion to compel the production of over 600 documents previously produced by Defendant TradeWeb Markets LLC d/b/a TradeWeb Direct (“TradeWeb”) with extensive redactions.