A Breakthrough Ruling on Employment Arbitration

June 01, 2016

The Seventh Circuit’s recent opinion in Lewis v. Epic Systems Corp.[1] is one of the most important recent decisions regarding class action waivers and employment arbitration. But the story may still be unfolding. The Lewis case arose when a company (Epic)

Read more

What is an Employee Nowadays?

September 02, 2015

The economy is changing dramatically in front of our eyes, but I’m not talking about the devaluation of the Yuan. I’m talking about the “on-demand economy.” This new economy is reshaping the consumer world and how goods and services are

Read more

The Fallout from Hobby Lobby

July 18, 2014

On June 30, 2014, the United States Supreme Court handed down a landmark ruling in Burwell et al. v. Hobby Lobby Stores, Inc., et al. that has triggered a tidal wave of responses and opinions.  Under the Affordable Care Act (ACA),

Read more

Hall of Shame: Experian

June 20, 2014

As someone who has experienced a (relatively minor) case of identity theft, I can personally attest to how frustrating and time consuming it can be to correct blatant misinformation with the various consumer credit reporting companies.  Proving that I was

Read more

GSK Pays for its Past, But What About its Future

July 03, 2012

Federal prosecutors announced Monday a record-breaking $3 Billion settlement with the pharmaceutical giant GlaxoSmithKline (“GSK”). The company, which agreed to plead guilty to criminal charges, is accused of illegally promoting its popular antidepressants Paxil and Wellbutrin as well as failing

Read more

Second Circuit Reaffirms Refusal to Enforce Class Action Waiver

February 13, 2012

Earlier this month, the Second Circuit Court of Appeals reaffirmed its prior holding that a class action waiver was unenforceable where it effectively precluded plaintiffs from vindicating their federal statutory rights.  In re Am. Express Merchants’ Litig., No. 06-1871, 2012

Read more

Bifurcated Discovery in Class Actions: Two Reasons Why it Doesn’t Work

October 19, 2011

A common weapon in class action defendants’ arsenals is the motion to “bifurcate” discovery, splitting the process into two phases: first, discovery as it relates to the elements of Federal Rule of Civil Procedure 23 and whether a class may

Read more

What’s Wrong With THIS Picture? Emasculating the SEC is NOT Good for the Country

June 23, 2011

I picked up the Financial Times this morning. Like the Wall Street Journal, it has a series of short paragraphs (blurbs) in a column on the left-hand side of the first page. The top one was headlined: “Tennessee Bank Agrees

Read more

Strict Construction My Eye: Supreme Court Blows by Seventh Amendment

June 22, 2011

On June 20, 2011, the United States Supreme Court took another sledgehammer to the right to a jury trial guaranteed by the 7th Amendment to the United States Constitution.  Maybe sledgehammer is too strong of an image, because in reality,

Read more

Ever Heard of Swipe Fees? It’s Time to Start Paying Attention

June 16, 2011

For the past several weeks, our nation has been fixated on the actions of Congressman Anthony Weiner (D-N.Y.) and his lurid Twitter postings to six young women.  To be sure, these are the ingredients of tabloid hysteria and fodder for

Read more