- Posts by Joseph M. Callow, Jr.Partner
Joe Callow helps clients manage and reduce litigation risk and litigation costs. When litigation arises, he handles and coordinates cases on a national, regional, and local basis.
Joe primarily works on class action and complex ...
The Supreme Court’s recent opinion in TransUnion LLC v. Ramirez will have a significant impact in alphabet and data breach litigation specifically and class action litigation generally. We talk about the TransUnion opinion in more detail in the attached Legal Alert. Anyone who is involved in class action litigation should become familiar with the case as the latest Supreme Court opinion to impact the class action litigation landscape.
This past month, the Supreme Court avoided providing guidance on “cy pres” class-action settlements—instead, it reaffirmed the importance of its Spokeo decision (Spokeo, Inc. v. Robins, 136 S. Ct. 1540 (2016)) in class action jurisprudence and deferred the complicated cy pres issues for another day. See Frank v. Gaos, 139 S. Ct. 1041 (2019).[1]
The Court had granted review in Frank to review whether so-called “cy pres” class-action settlements—settlements that distribute monetary relief to public interest organizations instead of the plaintiffs—are proper ...
I generally end our long-running KMK Legal Update presentation, 10 Cases Every In House Counsel Should Know, with a case about sports. This year, I’m concluding with a blog about the case of Phee v. Gordon & Niddry Golf Club from across the pond in Scotland. Golfing accidents unfortunately produce a lot of litigation in the United States and abroad, but for lawyers, they also provide a good summary of negligence law and tort concepts which are helpful to review.
G-Day is May 25, 2018, the day when the European Union’s General Data Protection Regulation (“GDPR) is set to go into effect. Even though the Regulation has been approved and available for review for more than a year, most companies are still working to determine whether GDPR applies and, if so, how to become GDPR compliant. The litigators from KMK’s Cybersecurity and Privacy Team have prepared a Legal Alert which helps companies answer both questions.
Last week, the D.C. Circuit joined an increasing number of federal courts applying a broad interpretation of the degree of harm required to satisfy Article III standing and expanding the holding of last summer’s Spokeo, Inc. v. Robbins, 136 S. Ct. 1540 (2016).
Last week, the Eighth Circuit Court of Appeals rejected the district court’s approval of the class action settlement in the Target data breach litigation. See In re Target Corp. Customer Data Sec. Breach Litig., 2017 U.S. App. Lexis 1767 (8th Cir. Feb. 1 2017).
Last week, the Ninth Circuit deepened the divide among the Circuits regarding ascertainability in class certification. In Briseno v. ConAgra Foods, Inc., 2017 U.S. App. Lexis 20 (9th Cir. Jan. 3, 2017), the Ninth Circuit rejected the Third Circuit’s line of authority (see Carrera v. Bayer Corp., 727 F.3d 300 (3d Cir. 2013) and Byrd v. Aaron’s Inc., 784 F.3d 154 (3d Cir. 2015)) which requires plaintiffs’ counsel to show ascertainability by demonstrating an administratively feasible and reliable method to determine class membership at the class certification stage.
Two Courts of Appeals have issued decisions during the past week related to cybersecurity and data retention which anyone who maintains electronic data and personal information should read.
In a reversal of precedent, a divided National Labor Relations Board (“NLRB”) held yesterday that employees have a right to use their employers’ email systems for non-business purposes, including statutorily protected communications regarding the terms and conditions of their employment and regarding union organizing efforts. See Purple Communications, Inc., 361 NLRB No. 126 (December 11, 2014). The NLRB’s ruling stemmed from a case brought by the Communications Workers of America union after it unsuccessfully attempted to organize employees of Purple Communications, Inc., a company that provides interpreting services for the deaf and hearing-impaired. The union argued that prohibiting the company’s workers from using the company’s email system for non-business purposes and on behalf of organizations not associated with the company interfered with the CWA’s organizing efforts.
While most ERISA litigators are anxiously awaiting the Supreme Court’s decision in Fifth Third Bancorp v. Dudenhoeffer, (Sup. Ct. Dkt. 12-741), they should also be paying close attention to the Supreme Court’s upcoming decision in Halliburton v. Erica P. John Fund, Inc. (Sup. Dkt. 13-317).
Topics/Tags
Select- Litigation
- Appellate Law
- Class Action Litigation
- Cybersecurity and Privacy Law
- Data Breach
- Coronavirus
- Securities Law
- E-Discovery
- Sixth Circuit
- Supreme Court
- Intellectual Property
- Social Media
- Trademark
- Trademark Litigation
- Initial Coin Offering
- Bet-the-Company Litigation
- E-Discovery Case Law
- Electronic Data Discovery
- Antitrust
- Federal Rules of Civil Procedure
- Employment Law
- Workplace Accommodations
- ESI
- Employer Policies
- Labor & Employment Law
- Labor Law
- Technology
- ERISA
- Stock Drop
- GDPR
- General Data Protection Regulation
- Cryptocurrency
- SEC
- Securities Litigation
- Ascertainability
- Craft Brewing
- Cybersecurity Regulation
- Drug Enforcement Agency
- Medical Marijuana
- Ohio Foreclosure Reform
- Copyright Law
- Environmental Law
- Fair Housing Act
- Health Care Act
- Healthcare Reform
- Pregnancy Discrimination
- Religion Discrimination
- Seventh Circuit
- Electronically Stored Information
- FLSA
- Proportionality
- Accommodation
- Americans with Disabilities Act
- Business Process Improvement
- Cyber Insurance
- EEOC
- Employment Litigation
- Lenders
- Receivership Statute
- Telecommuting
- Employer Handbook
- Employer Rules
- National Labor Relations Act
- National Labor Relations Board
- NLRB
- Unions
- E-Discovery Project Plan
- Predictive Coding
- TAR ( Technology Assisted Review)
- Evidence
- Quality Representation
- Subpoena
- Arbitration
- CAFA
- Land Use & Zoning
- Privacy
- Statute of Limitations
- Construction Litigation
- Federal Rule
- Taxation
Recent Posts
- Agency Deference Loses its Luster Under Ohio Law—Is Interpretation of Administrative Statutes Ohio's Next Legal Hot Topic?
- United States Supreme Court Clarifies Boundaries of Federal Civil Rule 60(b)
- Motion for Reconsideration in an Appeal: Sometimes the Court will Reconsider if you Argue its Initial Decision was Just Wrong
- TransUnion LLC v. Ramirez and the Impact on Class Action Litigation
- Questioning the Questionnaires: New PPP-Related Litigation Raises Issues for Borrowers
- "You Don't Have to Go Home But You Can't Stay Here": Updates to Ohio and Kentucky’s COVID-19 Orders Impacting Bars & Restaurants
- Kentucky Restaurants Begin Opening with Limited Capacity Amid COVID-19 Epidemic
- Ohio Restaurants and Bars Begin Soft Openings for Diners Amid COVID-19 Epidemic
- Supreme Court Sidesteps “Cy Pres” Challenge
- Golfers, New and Old - Be Careful!