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

The California Supreme Court has adopted a new three-part test to determine whether a worker is an independent contractor or an employee under California’s wage orders. The highly anticipated ruling could have wide ranging effects for businesses operating in California and beyond as companies try to navigate the new gig economy.
Continue Reading California Supreme Court Adopts New Independent Contractor Test

As a result of several recent United States Supreme Court decisions, courts across the country have applied a more exacting standard for assessing whether defendants can be subject to general personal jurisdiction in a particular forum.
Continue Reading Challenging the Consent-Based Theory of General Personal Jurisdiction in Pennsylvania

On April 10, 2018, SAP announced an updated pricing model to address indirect/digital access to its digital core products—SAP ERP, SAP S/4HANA and SAP S/4HANA Cloud. In addition, SAP announced that it will separate its license sales department and auditing departments.
Continue Reading SAP Announces New Licensing Model to Address “Indirect Access”

The tidal wave of New Jersey Truth-in-Consumer Contract, Notice and Warranty Act cases may finally slow to a trickle: a long-awaited decision from the New Jersey Supreme Court came down Monday, April 16, 2018, that will likely have broad repercussions on who has standing to sue under the statute.
Continue Reading New Jersey Supreme Court Defines TCCWNA’s “Aggrieved Consumer” Requirement