Blogs & Social Media Sites
Court Certifies Class Action of ATM Users After Sixth Circuit Faults Use Of Business Records Hearsay Exception For Summary Judgment
The consolidated lawsuit In re Wal-Mart ATM Fee Notice Litigation, No. 2:11-md-02234 (W.D. Tenn.), was filed in 2011 based upon allegations that certain Wal-Mart stores failed to post adequate external fee notices on ATMs located on those store premises. Plaintiffs filed a motion for class certification in February 2013, and the Court granted summary judgment against the six named Plaintiffs on their individual claims in April 2014. On appeal, the Sixth Circuit reversed and remanded because the defendants had failed to authenticate the business records that they relied upon to support summary judgment. Read More ›
There is an old maxim in appellate law that higher courts typically look for ways to decide cases on the narrowest of grounds rather than go out of their way to make sweeping changes in the law. That rule certainly seemed in place at the Supreme Court on Tuesday. In the oral argument in the much anticipated Tyson Foods v. Bouaphakeo case, the Court focused not on the broad class action issues that many had hoped, but upon the more narrow issue of representative proof in wage and hour cases. Such proof was validated by the Court some 69 years ago in Anderson v. Mount Clements Pottery Co. 328 U.S. 680 (1946). Read More ›
The Supreme Court yesterday heard arguments in Robins v. Spokeo Inc., a key case dealing with standing based solely on statutory violations as opposed to direct harm. Based on the questioning and comments of the justices in this and in another case under a similar statutory scheme, the Court may very well be on the cusp of finding that statutory violations without more no longer supply standing. Read More ›
The Financial Services Blog offers the latest information on banking development and litigation trends. Topics range from commercial and consumer lending through bankruptcy, lender liability defense, and the Dodd-Frank Act through Regulations JJ.
Telemarketers are now prohibited from accepting four methods of payment that the Federal Trade Commission (“FTC”) believes allow fraudulent telemarketers to avoid detection and prevent chargebacks.
“Con artists like payments that are tough to trace and hard for people to reverse,” said Jessica Rich, Director of the FTC’s Bureau of Consumer Protection. “The FTC’s new telemarketing rules ban payment methods that scammers like, but honest telemarketers don’t use.”1 Read More ›
A House Divided: U.S. District Court Splits on Whether Class Has a Private Right of Action Against “Money Transmitters”
Two class action lawsuits, Hucke v. Kubra Data Transfer LTD., Corp., No. 2-15-cv-14232-RLR, and Pincus v. Speedpay, Inc. Case No. 9:15-cv-80164-KAM,  in the U.S. District Court for the Southern District of Florida, seek the determination of whether two credit card processors violated the following Florida statues: Read More ›
In a short but very sweet ruling for the financial institutions suing Target to recover costs associated with mitigating the gigantic data breach suffered by Target in late 2013, Judge Magnuson certified the financial institutions class on Tuesday September 15.
The litigation of which we have previously written on a couple of occasions (see At Risk: Community Banks and the Recovery of Losses Due to Merchant Data Breach and Opening the Rule 23 Floodgates: Did Plaintiffs just hit the Data Breach Bulls-Eye?) stems from a data breach that impacted more than 100 million customers and cost the financial institutions over 30 million in losses primarily due to the reissuance of some 25,000 debit and credit cards. Read More ›
The International Services Group Blog is a resource for business leaders within the international commerce industry. Frost Brown Todd's international lawyers discuss the latest challenges for international trade and regulation, as well as solutions for those challenges.
The Trans-Pacific Partnership: An Overview for Japanese and U.S. Companies involved in Cross-Border Trade
Since the spring of 2013, representatives of the Japanese government have been negotiating with the United States and nine other governments for passage of a trade agreement between pacific nations, named the Trans-Pacific Partnership (TPP). TPP is a large scale, multilateral trade agreement that, if passed, would govern a staggering 40 percent of the global economy, totaling $28 trillion in U.S. dollars, and would regulate roughly one third of all world trade. Indeed, if the TPP is passed, it will cover trade between 700 million people and be the biggest trade agreement since NAFTA. Current negotiations involve the governments of Japan, the United States, Australia, Brunei, Darussalam, Canada, Chile, Malaysia, Mexico, New Zealand, Peru, Singapore, and Vietnam. While all countries listed are participating in TPP talks, the clear motivator behind passage of the TPP is establishing a trade agreement between Japan and the United States; these two countries represent 80 percent of the GDP in the TPP region combined. Read More ›
Under H-1B regulations, an employer has to notify the United States Citizenship and Immigration Services (USCIS) of "material changes,” through the filing of an amended or new H-1B petition. However, the regulations do not explicitly explain what constitutes a material change. Employers have generally relied on prior guidance from USCIS, which indicated that moving an H-1B employee to a new worksite did not constitute a material change if a new Labor Condition Application (LCA) was in place for the new worksite before the move. In April 2015, the Administrative Appeals Office (AAO) issued a precedent decision, Matter of Simeio Solutions, LLC (Simeio),on this issue. Now, as a result of this decision, USCIS has reversed itself and has issued a new policy memorandum on the actions needed before an employee is relocated. Read More ›
An administrative judge recently handed down a stunning $605,250 fine against an employer for improperly completing its I-9s. The decision, U.S. v. Hartmann Studios, Inc. (OCAHO Case No. 14A00008, July 15, 2015), serves as a reminder that employers need to be taking I-9 compliance as seriously as the government, and that preventative measures such as extensive training and self-audits can help companies avoid the government’s crosshairs. Read More ›
Social Media Sites