A recent Supreme Court ruling regarding sales taxes and new tariffs on Chinese imports instituted by the Trump administration will impact many retailers, which could in turn have an effect on M&A activity in the retail industry.
Continue Reading SCOTUS Tax Ruling and New Tariffs Could Affect Retail M&A Activity

The D.C. Circuit’s much-awaited decision in ACA International v. Federal Communications Commission earlier this year set aside much of the FCC’s prior interpretation of what qualifies as an “automatic telephone dialing system.” ACA International was widely seen as a win for businesses and advertisers, but the decision has done little thus far to stem the tide of TCPA lawsuits, especially as the scope of the decision continues to play out.
Continue Reading Businesses Yet to See Major Relief from TCPA Lawsuits Following ACA International Decision

Recently, the Eleventh Circuit held that a private settlement entered into by Hooters and a first-filed plaintiff did not moot a nearly identical, later-filed website accessibility lawsuit by a different plaintiff. This case underscores the importance of quickly remediating website accessibility issues, as well as taking care to draft settlement agreements to maximize arguments that future lawsuits are barred.
Continue Reading Website Accessibility Update: Eleventh Circuit Holds a Private Settlement with One Plaintiff Will Not Moot a Nearly Identical Lawsuit By Another

On June 25, 2018, the Supreme Court upheld a Second Circuit opinion that American Express did not violate antitrust law by prohibiting merchants from encouraging customers to use non-American Express credit cards.
Continue Reading Supreme Court Upholds AmEx Policy Prohibiting Merchants from Steering Customers to Use Other Cards

In the wake of all the controversy about the CFPB abusing its power or not yielding enough reform comes the latest development from the judicial branch regarding the structure of the CFPB, which again raises questions about the ability of the agency to bring new claims or perhaps even enforce past consent decrees.
Continue Reading SDNY Judge Holds CFPB’s Structure Is Unconstitutional and Dismisses Agency from Lawsuit

On June 11, 2018, the United States Supreme Court ruled that American Pipe tolling does not extend to follow-on class actions brought after the statute of limitations period has run. This decision resolves a split between circuit courts over the question of whether a putative class member can rely on American Pipe to toll applicable statute of limitations to file a new class action in lieu of promptly joining an existing suit or filing an individual action.
Continue Reading Supreme Court Limits American Pipe Tolling for Consecutive Class Actions

The U.S. Supreme Court has voted to hear an appeal of the Ninth Circuit’s decision in Varela v. Lamps Plus, Inc. The Supreme Court is expected to decide whether workers can pursue their claims through class-wide arbitration when the underlying arbitration agreement is silent on the issue.
Continue Reading SCOTUS to Review Right to Class Arbitration in Silent Agreements