Diana Li Kim

Morrison & Foerster LLP

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This Week At The Ninth: Common Issues and ERISA Assignment

This week, the Ninth Circuit considers when common issues predominate in wage-and-hour litigation and analyzes the assignment of the right to sue for nonpayment of benefits under ERISA. MILES v. KIRKLAND'S STORES, INC....more

1/17/2024 / Class Action , Employee Benefits , Employee Retirement Income Security Act (ERISA) , Employer Group Health Plans , Fiduciary , Putative Class Actions , Wage and Hour

This Week At The Ninth: Housing Discrimination and Group Boycotts

This week, the Court addresses the constitutionality of a law protecting housing access for people with criminal histories, and the elements of a per se unlawful group boycott under the Sherman Antitrust Act....more

3/27/2023 / Antitrust Violations , Competition , Department of Justice (DOJ) , Free Speech , Horizontal Agreements , Hub-and-Spoke Conspiracy , Sherman Act , Substantive Due Process , Tortious Interference

This Week At The Ninth: Expressive Association and the Defense Contractor Whistleblower Protection Act

This week, the Court addresses the scope of the expressive association right and the definition of a protected disclosure under the Defense Contractor Whistleblower Protection Act....more

2/27/2023 / Anti-Retaliation Provisions , Department of Defense (DOD) , First Amendment , Public Records Act , Whistleblower Protection Policies , Whistleblowers

This Week At The Ninth: Securities Fraud

This week, the Court addresses the pleading standard for a claim of false or misleading statements in connection with a tender offer under Section 14(e) of the Securities Exchange Act of 1934. The Court holds that...more

1/30/2023 / Dismissals , Failure To State A Claim , Federal Rules of Civil Procedure , FRCP 9(b) , Pleading Standards , PSLRA , Securities Exchange Act , Securities Fraud

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