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Raymond N. Barto

Government Sues over “Alliance” Between American Airlines and JetBlue Airways

Posted by Raymond N. Barto on 09/30/2021

The Department of Justice and the attorneys general of six states have, together, filed an action challenging American Airlines's "Northeast Alliance Agreement" with its purported rival, JetBlue Airways. American is the largest of four airlines that collectively control over 80 percent of domestic air travel. JetBlue, on the other hand, is ...

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Ben Heikali

Class Actions Against Alcohol Giants Continue to Gain Traction

Posted by Ben Heikali on 09/29/2021

A consumer in Illinois is challenging Anheuser-Busch's advertising of its new Cacti Agave Spiked Seltzer product, alleging that the product is mislabeled because it does not contain any agave spirits, such as tequila and mezcal. According to the lawsuit, the product, which was the result of a recent collaboration between rapper Travis Scott ...

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Kristyn Fields

HHS Releases Report to Address High Drug Prices

Posted by Kristyn Fields on 09/28/2021

In an effort to lower drug prices, the Department of Health and Human Services (HHS) released a report earlier this month entitled "Comprehensive Plan for Addressing High Drug Prices." The report outlines both legislative and administrative actions to lower drug pricing. Proposals that would require legislative action include: • Medicare ...

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Camilo Burr

NYC Council Passes Six Bills To Protect Food Delivery Workers

Posted by Camilo Burr on 09/27/2021

On September 23, 2021, the New York City Council approved a package of legislation to improve the working conditions for approximately 65,000 to 80,000 food delivery workers employed by food delivery service apps such as Uber Eats, DoorDash, and Grubhub. The six bills will set a minimum wage for the delivery workers; prevent the apps from ...

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Thomas T. Papain

SEC Orders KMS Financial Services to Pay $200,000 Penalty Over Failure to Adopt Written Policies and Procedures to Safeguard Customer Information and Records Against Cyberattacks

Posted by Thomas T. Papain on 09/20/2021

On August 30, 2021, the SEC ordered KMS Financial Services, Inc. ("KMS"), a dually registered broker-dealer and investment advisory firm with the SEC, to pay a penalty of $200,000 because KMS did not have written policies and procedures in place to safeguard customer information and records against cyberattacks and over a period spanning approximately ...

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Adam Steinfeld

(Cleaned Up): A Proposal to Streamline Legal Citation Gains Acceptance

Posted by Adam Steinfeld on 09/17/2021

Legal language changes slowly. Even ignoring lawyers' penchant for Latin, plaintiffs still "come now" before the court to "witnesseth" their testimony. Pushes to conduct law in "plain English" started in the sixteenth century. A mere five hundred years later, there are signs of progress in one of the most hidebound of legal conventions: citation. ...

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Robert W. Killorin

Third Circuit Decision Hands Plaintiffs a Victory Regarding the Relation-back Doctrine

Posted by Robert W. Killorin on 09/15/2021

In Southeastern Pennsylvania Transportation Authority v. Orrstown Financial Services, Inc., 2021 WL 3923389 (3d Cir. 2021), the Third Circuit Court of Appeals held that the relation-back doctrine outlined in Federal Rule of Civil Procedure 15(c) applies to statutes of repose, in addition to statutes of limitations. The case began in 2012 when ...

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Nina Varindani

SEC Commissioner Raises Concerns Over “Information Bundling”

Posted by Nina Varindani on 09/13/2021

In a public statement issued on September 3, 2021, SEC Commissioner Caroline Crenshaw raised concerns about the SEC's longstanding practice of considering corporate benefits when assessing penalties against corporate wrongdoers. Crenshaw's statement, published on the heels of the SEC's announcement of an enforcement action against Kraft Heinz ...

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Taylor Crabill

An Employee May Maintain a Retaliation Claim Even if There Was No Underlying Discrimination

Posted by Taylor Crabill on 09/09/2021

Elements of a Retaliation Claim An employee who feels that he or she has been subjected to discrimination (including being subjected to a hostile work environment related to sexual harassment) may be hesitant to complain to a supervisor or Human Resources out of fear of retaliation. However, the employment laws provide protections to employees ...

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Alex Hartzband

California Superior Court Finds Proposition 22 Unconstitutional

Posted by Alex Hartzband on 09/03/2021

As previously outlined here, on November 3, 2020, Californians passed a ballot initiative known as Proposition 22, or "the App-Based Drivers as Contractors and Labor Policies Initiative" ("Prop 22"), which asked voters to define app-based rideshare and delivery drivers as independent contractors, as opposed to employees. Prop 22 was a direct ...

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