Jessica Karmasek News
Trade associations sue U.S. Department of Labor in hopes of overturning fiduciary rule
The DOL released its final rule in April. The rule, sometimes referred to as the conflicts of interest rule, mandates financial professionals who service individual retirement accounts, including IRAs and 401(k) plans, to serve the “best interest” of the savers and disclose conflicts of interest.
U.S. SC: PTO’s process of regulating patent challenges ‘reasonable’
The nation’s highest court, in an 8-0 ruling this week, upheld a federal appeals court ruling. The high court, in its decision, agreed with the U.S. Patent and Trademark Office’s invalidation of New Jersey-based Cuozzo Speed Technologies LLC’s speedometer patent.
Seventh Circuit rules against health-care software company in case over arbitration agreement
Epic Systems required certain groups of employees to agree to bring any wage-and-hour claims against the Wisconsin-based company only through individual arbitration. The agreement did not permit collective arbitration or collective action in any other forum.
Calif. federal judge denies proposed settlement in class action over jeans labels, says gift cards amount to coupons
Judge Gonzalo P. Curiel denied a motion for preliminary approval of class settlement in a class action brought on behalf of all purchasers of Current/Elliot brand jeans manufactured, distributed, marketed and/or sold by Dutch LLC that were labeled as “Made in the USA.” The plaintiff alleged that the jeans contained foreign-made components, including buttons, rivets, zipper assembly, thread and/or fabric.
Boston plaintiffs attorney targets startup companies in class actions
Shannon Liss-Riordan of Lichten & Liss-Riordan PC has filed at least five class action lawsuits against various start-ups, including Lyft and Grubhub, since January 2015.
Federal judge dismisses class action filed against Target over background check disclosure
Under the Fair Credit Reporting Act, or FCRA, if an employer intends to obtain a report about a job applicant, the employer must notify the applicant. Such notification must be in a separate document without any unrelated information. The named plaintiff in the action alleged Target included extraneous terms and conditions in its Consent & Disclosure document and in so doing, willfully violated the FCRA.
U.S. Senate passes resolution to block DOL’s fiduciary rule
The rule, sometimes referred to as the conflicts of interest rule, mandates financial professionals who service individual retirement accounts, including IRAs and 401(k) plans, to serve the “best interest” of the savers and disclose conflicts of interest.
Attorney: CFPB study shows arbitration more often benefits consumers
Defense attorney Matt Stromquist joins academics, industry and federal lawmakers in criticizing the Consumer Financial Protection Bureau’s set of proposed rules prohibiting mandatory arbitration clauses that prevent class action lawsuits and the study upon which they’re based. Stromquist also takes issue with how arbitration has been depicted in recent months.
Public interest firm takes fight over class action settlement to U.S. SC
The Competitive Enterprise Institute’s Center for Class Action Fairness filed a petition with the nation’s highest court last week, asking for review of a settlement that awarded $5 million in fees to class counsel. CCAF argues the deal -- one of two reached over the sale of personal data reports to debt collectors -- is unfair to the class.
Software service provider claims law firm left it high and dry amid costly patent litigation
Nashville-based Edgenet contends attorneys with international law firm Foley & Lardner LLP failed to disclose an ethical conflict early on in litigation filed against the company in a Wisconsin federal court last year.
Federal judge approves Blue Buffalo’s $32 million settlement of false advertising class actions
According to reports, more than 100,000 customers filed claims before an April deadline. They argued in their lawsuits that the company’s pet food products were not consistent with its “True Blue Promise.”
U.S. SC: Privacy class action filed against Spokeo can continue
On Monday, the nation’s highest court ruled 6-2 that the U.S. Court of Appeals for the Ninth Circuit failed to consider both aspects of the injury-in-fact requirement, making its standing analysis “incomplete.”
U.S. PTO issues next round of examination guidance on subject matter eligibility
The Patent and Trademark Office has published guidance for patent examiners four times now since the U.S. Supreme Court’s decision in Alice Corp. v. CLS Bank International in 2014. The decision provided very little to no legal guidance to lower courts on how to decide if a computer-generated technology, in particular, is patentable.
U.S. House committee to hold hearing on CFPB’s proposed arbitration rules ‘soon’
The House Financial Services Committee has launched an investigation into the Consumer Financial Protection Bureau’s proposed regulation of pre-dispute arbitration agreements, requesting various information from the bureau.
Proposed federal legislation aims at cracking down on forum shopping of patent cases
The U.S. Court of Appeals for the Federal Circuit, in a recent decision, stood by its precedents. Since 1990, the appeals court has generally held that patent infringement litigation can be filed anywhere the defendant makes any sales. That means most big businesses, which tend to conduct business in a majority of states, can be sued for patent infringement just about anywhere. The VENUE Act, introduced in the U.S. Senate in March, looks to change that.
Investors file second class action against law firm for alleged role in Stanford Ponzi scheme
The named plaintiffs in the instant lawsuit, filed in a Texas federal court last week, contend the law firm and a former partner helped Robert Allen Stanford conceal the scheme from government regulators. A similar lawsuit was dismissed by the U.S. Court of Appeals for the Fifth Circuit in March.
CFPB proposes prohibiting mandatory arbitration clauses
The Consumer Financial Protection Bureau’s release of its set of proposed rules coincided with a field hearing held in New Mexico Thursday. Under the bureau’s proposal, companies would still be able to include arbitration clauses in their contracts. However, for contracts subject to the proposal, the clauses would have to say explicitly that they cannot be used to stop consumers from being part of a class action in court.
N.J. legislation could alter class action litigation in the state
The legislation would allow a person involved in a class action lawsuit to immediately appeal to the Appellate Division of the Superior Court as to the certification or decertification of the class. Sponsors of bill argue the measure will save class action litigants both time and money.
U.S. House passes resolution to block DOL’s fiduciary rule
The rule, sometimes referred to as the conflicts of interest rule, mandates financial professionals who service individual retirement accounts, including IRAs and 401(k) plans, to serve the “best interest” of the savers and disclose conflicts of interest.
Class actions will test DOL's new fiduciary rule, attorney says
Last month, the U.S. Department of Labor announced its final fiduciary rule, sometimes referred to as the conflicts of interest rule. The rule mandates financial professionals who service individual retirement accounts, including IRAs and 401(k) plans, to serve the “best interest” of the savers and disclose conflicts of interest.