Author Info for Robinson Bradshaw

Aryana Ainolhayat

How the DOL’s Independent Contractor Rule Tug-of-War Could Affect Your Company

Independent contractors are not entitled to minimum-wage and overtime-pay protections that the Fair Labor Standards Act (FLSA) affords to employees. Therefore, classifying workers as employees or independent contractors can have… more

Department of Labor (DOL), Economic Realities Test, Employer Liability Issues, Fair Labor Standards Act (FLSA), Independent Contractors

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Elisabeth Baldwin

Lower Pleading Standard for 401(k) Plan Prohibited Transaction Suits

In its April 17 decision in Cunningham v. Cornell University, the U.S. Supreme Court established a plaintiff-friendly standard for ERISA prohibited transaction claims, resolving a circuit court split. As a result, plan sponsors… more

401k, Employee Retirement Income Security Act (ERISA), Fiduciary Duty, Investment Adviser, Litigation Strategies

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Fitz Barringer

How the DOL’s Independent Contractor Rule Tug-of-War Could Affect Your Company

Independent contractors are not entitled to minimum-wage and overtime-pay protections that the Fair Labor Standards Act (FLSA) affords to employees. Therefore, classifying workers as employees or independent contractors can have… more

Department of Labor (DOL), Economic Realities Test, Employer Liability Issues, Fair Labor Standards Act (FLSA), Independent Contractors

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Bret Buckler

Cancel Culture, FTC Style: What Subscription-Based Businesses Need to Know about the FTC’s New “Click-to-Cancel” Rule

Last fall, the FTC published the Rule Concerning Recurring Subscriptions and Other Negative Option Programs, or the “Click-to-Cancel Rule.” The Rule targets practices where cancellation is intentionally more difficult than… more

Consumer Protection Laws, Disclosure Requirements, Final Rules, FTC Act, Negative Option Rule

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Emily Burwell

Federal Decision Throws a Wrench in EPA’s Use of Fraudulent Transfer Claims to Recover Environmental Cleanup Costs

On April 4, federal Judge Louise W. Flanagan granted a motion filed by Robinson Bradshaw to dismiss our clients from a high-profile environmental case. The decision marks a rare check on the Environmental Protection Agency’s… more

CERCLA, Clean-Up Costs, Contamination, Environmental Protection Agency (EPA), Fraudulent Transfers

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Megan Clemency Haynes

FTC and DOJ Issue Final Rule Amending Hart-Scott-Rodino Act Premerger Notification Requirements

On Oct. 10, the Federal Trade Commission, with the concurrence of the Antitrust Division of the Department of Justice, issued a final rule amending the rules that implement the Hart-Scott-Rodino Antitrust Improvements Act and… more

Department of Justice (DOJ), Federal Trade Commission (FTC), Final Rules, Hart-Scott-Rodino Act, Mergers

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Scott Cogar

Takeaways from ILPA’s NAV Loan Guidance

The differing waiver rules governing the fragile attorney-client privilege and the robust work product doctrine protection predictably create stark differences when family members communicate with each other. This type of… more

Institutional Limited Partners Association (ILPA), Investment, Investors, NAV, New Guidance

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John Conley

EU Finally Approves EU-U.S. Data Privacy Framework

On July 10, the European Union Commission gave its final approval — an “adequacy decision” — to the long-pending EU-U.S. Data Privacy Framework governing data transfers from EU countries (plus Iceland, Liechtenstein and Norway)… more

Cybersecurity, Data Privacy, Data Protection, Data Security, International Data Transfers

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Kevin Crandall

New HSR Rule: Practical Guidance for Corporate Counsel

The FTC’s new Hart-Scott-Rodino rule, which we described in a previous publication, took effect earlier this month. Below are five key takeaways for corporate counsel… more

Acquisitions, Antitrust Division, Competition, Federal Trade Commission (FTC), Hart-Scott-Rodino Act

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R. Steven DeGeorge

Federal Decision Throws a Wrench in EPA’s Use of Fraudulent Transfer Claims to Recover Environmental Cleanup Costs

On April 4, federal Judge Louise W. Flanagan granted a motion filed by Robinson Bradshaw to dismiss our clients from a high-profile environmental case. The decision marks a rare check on the Environmental Protection Agency’s… more

CERCLA, Clean-Up Costs, Contamination, Environmental Protection Agency (EPA), Fraudulent Transfers

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Jordan DeJaco

Kelly v. RealPage Inc.: The Third Circuit Lowers the “Heightened Standard” for Ascertainability

Rule 23 does not explicitly require that a court be able to determine who the members are before certifying a class. But judges have found implicit in the Rule a requirement that membership in a defined class be “ascertainable”… more

Administrative Feasibility, Ascertainable Class, Class Action, Class Certification, Fair Credit Reporting Act (FCRA)

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Adam Doerr

Collegiate Sports Team Websites Are New Target in Privacy Class-Action Litigation

Since March of this year, at least four purported class action lawsuits have been filed against universities, their affiliated athletic organizations, and the alleged operators of their athletic team websites, Sidearm Sports LLC… more

Class Action, Data Privacy, Video Privacy Protection Act, Web Tracking, Websites

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Amanda Fannin Rautalahti

New SEC Rules Regarding Preferential Treatment for Investors in Private Funds

On August 23, the United States Securities and Exchange Commission (the “SEC,” or the “Commission”) adopted rules and rule amendments (the “PFA Rules”) under the Investment Advisers Act of 1940 (the “Advisers Act”) that impose… more

Disclosure Requirements, Investment Adviser, Investment Advisers Act of 1940, Investors, New Rules

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Stephen Feldman

On Class-Action Remedies, Begin with the End in Mind

Think about the last class-action notice that you received. You might have thought, “This is sweet. I didn’t know anything was wrong with my dog food, but I can get $50 if I just fill out this form.”… more

Appeals, Class Action, Jurisdiction

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Robert Fuller

Fourth Circuit Grapples with Effect of “Class-Action Waiver”

On Aug. 18, the United States Court of Appeals for the Fourth Circuit issued an opinion in the long-running Marriott Data Breach MDL Litigation. The Fourth Circuit reversed a district court’s class certification decision,… more

Class Action, Class Action Arbitration Waivers, Class Certification, Corporate Counsel

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Andrew Hamill

Form D: A Primer

Under Section 5 of the Securities Act of 1933, all offers and sales of securities, including offers or sales of limited partnership interests or membership interests in a private fund, must be registered with the Securities and… more

Disclosure Requirements, Exemptions, Filing Requirements, Investment Funds, Penalties

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Jeffrey Hart

SEC Guidance Increases Opportunity for 506(c) Offerings by Fund Sponsors

On March 12, 2025, the Securities and Exchange Commission (SEC) issued a No-Action Letter (NAL) that clarified and expanded the definition of “reasonable steps” an issuer must take when making an offering under Rule 506(c). The… more

Accredited Investors, Capital Markets, Capital Raising, Investment Funds, No-Action Letters

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Katrina Hauprich

SCOTUS Rejects Heightened Evidentiary Standard for FLSA Exemption Claims in Fourth Circuit

On Jan. 15, the U.S. Supreme Court issued a unanimous decision in E.M.D. Sales, Inc. v. Carrera, firmly indicating that employers must establish by a “preponderance of the evidence” that an employee is exempt from the Fair Labor… more

Burden of Proof, Class Action, Department of Labor (DOL), Employment Litigation, Evidentiary Standards

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Gregg Hill

SCOTUS Rejects Heightened Evidentiary Standard for FLSA Exemption Claims in Fourth Circuit

On Jan. 15, the U.S. Supreme Court issued a unanimous decision in E.M.D. Sales, Inc. v. Carrera, firmly indicating that employers must establish by a “preponderance of the evidence” that an employee is exempt from the Fair Labor… more

Burden of Proof, Class Action, Department of Labor (DOL), Employment Litigation, Evidentiary Standards

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Patrick Hill

When Does American Pipe Tolling End?

Under the American Pipe doctrine, the commencement of a class action tolls the statute of limitations for absent class members. American Pipe & Construction Co. v. Utah, 414 U.S. 538, 554 (1974). The intent of this rule is to… more

Class Action, Class Certification, Class Members, Equitable Tolling, Statute of Limitations

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Travis Hinman

Will the Supreme Court Weigh In on Ascertainability?

We’ve written previously about courts’ differing approaches to ascertainability — an implicit requirement under Rule 23 that class members must be identifiable. A pending petition for certiorari in Career Counseling, Inc. v… more

Appeals, Ascertainable Class, Certiorari, Class Action, Class Certification

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Caleb Holloway

EEOC Guidance Partially Vacated: What’s an Employer to Do?

Savvy employers read and implemented the Equal Employment Opportunity Commission’s 2024 Enforcement Guidance on Harassment in the Workplace. Now, portions of that Guidance relating to LGBTQ+ employee rights are defunct… more

Employee Rights, Employer Responsibilities, Employment Discrimination, Equal Employment Opportunity Commission (EEOC), Gender Identity

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Harrison Hull

New Disclosure Requirements for Fund Sponsors Under the California Venture Capital Diversity Reporting Law

In June, California approved amendments to its October 2023 law, Fair Investment Practices by Venture Capital Companies (California VC Diversity Law). The California VC Diversity Law requires covered venture capital investment… more

Department of Financial Protection and Innovation (DFPI), Disclosure Requirements, Diversity, Fund Sponsors, Venture Capital

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Douglas Jarrell

Court Sets Aside FTC Final Rule on Non-Competes

On Aug. 20, a federal district court in Texas entered a final judgment setting aside the Federal Trade Commission’s Final Rule, which would have banned most existing and all new non-compete agreements for workers on Sept. 4. As… more

Employer Liability Issues, Employment Contract, Federal Trade Commission (FTC), FTC Act, Non-Compete Agreements

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Laura Johnson

The Supreme Court’s SFFA Decision: Impacts on Corporate DEI Initiatives

On June 29, the Supreme Court struck down Harvard and UNC’s race-conscious admissions programs with a precedential holding that effectively ends affirmative action in the education context. Though the Students for Fair… more

Affirmative Action, Civil Rights Act, Diversity, Diversity and Inclusion Standards (D&I), Equal Protection

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Matthew Kusel

New Federal Reporting Rules for Businesses and Other Legal Entities

As of Jan. 1, 2024, wide-reaching new regulations require many businesses and corporate entities created or registered to do business in the United States to report information regarding their owners, officers and other… more

Anti-Money Laundering, Beneficial Owner, Corporate Transparency Act, FinCEN, Legal Entities

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Emma Kutteh

A Class Action Sleeper Issue Might Be Waking Up

The Sixth Circuit appears poised to become the fourth federal court of appeals to reject the use of the “juridical link” doctrine as a means to establish Article III standing in a class action. The doctrine, a seldom-used class… more

Article III, Class Action, Class Members, FRCP 23(f), Standing

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Kate Gordon Maynard

NC Supreme Court Issues Notable Attorney-Client Privilege Opinion in the Corporate Context

The North Carolina Supreme Court’s recent opinion in Howard v. IOMAXIS, LLC, 2023 WL 4037483 (June 16, 2023), provides valuable guidance to in-house and outside counsel regarding the attorney-client privilege when communicating… more

Attorney-Client Privilege, Confidential Communications, NC Supreme Court, Privileged Communication

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Timothy Misner

A Pet Lovers’ Quarrel in the U.S. Supreme Court Could Determine Whether Class Actions Can Be Remanded to State Court

Two Missouri pets—and what’s in their prescription food—may ultimately determine where and how class actions are litigated. Earlier this month, the U.S. Supreme Court held oral argument in Royal Canin U.S.A., Inc. v… more

CAFA, Class Action, Corporate Counsel, Jurisdiction, Remand

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Lawrence Moore III

Old Dogs and New Tricks: Supreme Court Denies Certiorari in Ninth Circuit Case Allowing Reliance on Inadmissible Expert Work for Class Certification

Earlier this month, the Supreme Court declined to hear an appeal from the Ninth Circuit’s decision in Lytle v. Nutramax Laboratories, Inc. affirming the certification of a class of owners of elderly dogs, alleging that the… more

Appeals, Class Action, Class Certification, Daubert Standards, Expert Testimony

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Amanda Pickens Nitto

Removal Under Only CAFA Can Land You Back in State Court if the Class is Not Certified

When a class action is filed in state court, most defendants first evaluate whether the case can be removed to federal court. The Class Action Fairness Act (CAFA) offers a broader avenue to remove cases to federal court than… more

CAFA, Class Action, Jurisdiction, Remand

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Henry Riffe III

Application of New Anti-Money Laundering Regulations to Advisers to Private Funds

On Sept. 4, 2024, the U.S. Treasury Department’s Financial Crimes Enforcement Network (FinCEN) published a final rule imposing new anti-money laundering (AML) and countering the financing of terrorism (CFT) requirements on… more

AML/CFT, Anti-Money Laundering, Final Rules, FinCEN, New Regulations

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Heather Heath Ryan

Lower Pleading Standard for 401(k) Plan Prohibited Transaction Suits

In its April 17 decision in Cunningham v. Cornell University, the U.S. Supreme Court established a plaintiff-friendly standard for ERISA prohibited transaction claims, resolving a circuit court split. As a result, plan sponsors… more

401k, Employee Retirement Income Security Act (ERISA), Fiduciary Duty, Investment Adviser, Litigation Strategies

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Luke Shapiro

Takeaways from ILPA’s NAV Loan Guidance

The differing waiver rules governing the fragile attorney-client privilege and the robust work product doctrine protection predictably create stark differences when family members communicate with each other. This type of… more

Institutional Limited Partners Association (ILPA), Investment, Investors, NAV, New Guidance

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Gregory Skidmore

New HSR Rule: Practical Guidance for Corporate Counsel

The FTC’s new Hart-Scott-Rodino rule, which we described in a previous publication, took effect earlier this month. Below are five key takeaways for corporate counsel… more

Acquisitions, Antitrust Division, Competition, Federal Trade Commission (FTC), Hart-Scott-Rodino Act

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Elizabeth Smith

Lower Pleading Standard for 401(k) Plan Prohibited Transaction Suits

In its April 17 decision in Cunningham v. Cornell University, the U.S. Supreme Court established a plaintiff-friendly standard for ERISA prohibited transaction claims, resolving a circuit court split. As a result, plan sponsors… more

401k, Employee Retirement Income Security Act (ERISA), Fiduciary Duty, Investment Adviser, Litigation Strategies

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Curtis Strubinger

Tax Court Takes Narrow View of Limited Partner Exclusion from SECA Tax

The Tax Court, in a victory for the IRS, recently issued an opinion holding the limited partner exception to the Self-Employed Contributions Act Tax must be construed narrowly. The court held a limited partner under state law is… more

Income Taxes, IRS, Self Employed, Self-Employment Tax, Tax Court

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Preetha Suresh Rini

More Money, More Problems: Courts Scrutinize High Attorneys’ Fees Awards in Class Action Settlements

When a class action lawsuit ends, class counsel typically seek a fee award. Under Rule 23(h), the district court must make findings of facts and conclusions of law to support an award of “reasonable attorney’s fees and… more

Attorney's Fees, Class Action, FRCP 23, Settlement

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John Wester

No Glue in the Classroom: A Commonality Conundrum

Glue is an object commonly found in schools, yet the “glue” that binds class action commonality appears to be a scarce commodity for students with disabilities and their parents. In September 2024, the Fourth Circuit decided… more

Disability, Educational Institutions, Free Appropriate Public Education (FAPE), IDEA, Students

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Leighton Whitehead

New EEOC Rule on Pregnant Workers Fairness Act

On April 15, the Equal Employment Opportunity Commission issued its final rule implementing the Pregnant Workers Fairness Act. The PWFA requires employers to provide pregnant workers or workers who have known limitations arising… more

Americans with Disabilities Act (ADA), Employee Rights, Employer Liability Issues, Equal Employment Opportunity Commission (EEOC), Pregnancy

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Sandra Wilburn

Form D: A Primer

Under Section 5 of the Securities Act of 1933, all offers and sales of securities, including offers or sales of limited partnership interests or membership interests in a private fund, must be registered with the Securities and… more

Disclosure Requirements, Exemptions, Filing Requirements, Investment Funds, Penalties

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Michael Wilson

Texas Court Enjoins FTC’s Non-Compete Ban for Plaintiffs But Punts on Nationwide Relief

On July 3, in Ryan, LLC v. Federal Trade Commission, a federal district court in Texas issued a preliminary injunction in a challenge to the Federal Trade Commission’s recent rule banning non-compete agreements. The injunction… more

Employer Liability Issues, Employment Contract, Federal Trade Commission (FTC), Non-Compete Agreements, Restrictive Covenants

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Richard Worf

Say the Magic Word: Fourth Circuit Imposes High Standard for Showing that Federal Statute Precludes Enforcement of Agreement to Arbitrate Class Claims

A recent Fourth Circuit decision extends the trend of cases refusing to use federal statutes to invalidate arbitration agreements waiving the right to bring class claims in federal court. The statute at issue in Espin v… more

Appeals, Appellate Courts, Arbitration, Class Action, Class Action Arbitration Waivers

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David Wright III

Supreme Court To Decide Whether a Class Can Contain Individuals Who Lack Any Article III Injury

On January 24, 2025, the United States Supreme Court agreed to answer a question that has divided the circuits: Can a federal court certify a class containing members who lack any Article III injury? In Davis v. Laboratory… more

Article III, California, Class Action, Class Certification, Damages

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Erik Zimmerman

Update: Supreme Court Dismisses Appeal on Whether a Class Can Contain Members Who Lack an Article III Injury

In Labcorp v. Davis, the U.S. Supreme Court was poised to decide if a federal court can certify a class that includes members who lack any Article III injury. But as we discussed last month, the oral argument suggested that a… more

Appellate Courts, Article III, Class Action, Class Certification, Damages

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Robinson Bradshaw

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