AGG Talks: Background Screening - A Refresher on Responding to Consumer File Requests under Section 609 of the FCRA
#WorkforceWednesday: SCOTUS in Review, Biden Acts to Limit Non-Competes, NY HERO Act Model Safety Plans - Employment Law This Week®
Podcast: Texas v. United States of America
On June 26, 2025, Brownstein filed a Petition for a Writ of Certiorari to the United States Supreme Court, seeking review of a Ninth Circuit Court of Appeals decision regarding the Fair Debt Collection Practices Act (FDCPA)....more
A few months ago, we wrote about the U.S. Supreme Court’s decision to grant review in Labcorp v. Davis. As we noted at the time, Labcorp raises a long-debated question of class-action law: Can a federal court certify a...more
Bradley scored a significant victory in the Tennessee Supreme Court on November 14, 2024. In a long-awaited decision, the Tennessee Supreme Court clarified a long-standing inconsistency in Tennessee law with its opinion in...more
Every month, Erise’s patent attorneys review the latest inter partes review cases and news to bring you the stories that you should know about: PTAB Issues Fintiv Denial, Leaving Wireless Carrier Patent to E.D. Texas - ...more
The Federal Circuit dismissed Platinum Optics Technology Inc.’s (PTOT) appeal from an IPR decision, finding the challenged claims of Viavi’s U.S. Patent No. 9,354,369 not unpatentable, because PTOT failed to establish an...more
This BLOG has frequently addressed issues related to a party’s standing, in many different contexts, to commence litigation. In prior BLOG articles we have explained that in order to prosecute a lawsuit, the plaintiff must...more
The US Court of Appeals for the Federal Circuit dismissed a patent challenger’s appeal in an inter partes review (IPR) because the challenger could not meet the injury-in-fact requirement for Article III standing. Platinum...more
The U.S. Court of Appeals for the District of Columbia Circuit recently dismissed an appeal in the case of Lewis v. Becerra, Secretary of the United States Department of Health and Human Services (HHS). The appellants sought...more
The Federal Circuit dismissed an appeal from an unsuccessful challenger in an inter partes review (IPR) proceeding based on failure to satisfy the standing requirements for appeal in Allgenesis Biotherapeutics Inc. v....more
The US Court of Appeals for the Federal Circuit dismissed an appeal from a final written decision in an inter partes review (IPR) proceeding, finding that the petitioner lacked standing because it suffered no injury in fact....more
In the case of Drazen v. Pinto, the 11th Circuit Court of Appeals sitting en banc ruled unanimously that plaintiffs who received a single unwanted telemarketing text message suffered a concrete injury. In 2019, Susan...more
A significant decision from a California state appeals court has shifted the legal landscape for technical Fair Credit Reporting Act claims brought in California state court in favor of defendants. Originally published in...more
The Delaware Supreme Court heard arguments on June 14, 2023, on a question certified to it from the Third Circuit of the U.S. Court of Appeals, as to whether medical monitoring claims can be made in Delaware without proof of...more
Courts continue to grapple with issues surrounding Florida’s Telephone Solicitation Act, including what types of claims are sufficient to allege a concrete injury in fact to establish standing under Article III. In...more
The Third Circuit Court of Appeals has given new life to a putative class action suit led by a former employee of a company that suffered a ransomware attack, leading to her sensitive information being released onto the Dark...more
MODERNATX, INC. v. ARBUTUS BIOPHARMA CORPORATION - Before Lourie, O’Malley, and Stoll. Appeal from the Patent Trial and Appeal Board. Summary: Sublicensee’s theory of royalty-based injury was too speculative to...more
Activists have standing to challenge a state law that prohibits unauthorized access to businesses for the purpose of sending undercover informants to apply for jobs, the United States Court of Appeals for the Eighth Circuit...more
The United States Court of Appeals for the Eighth Circuit (“Eighth Circuit”) addressed in an August 9th Opinion an issue arising out of a judicial challenge to an Arkansas statute addressing the unauthorized access to...more
On May 26, 2021, the Fifth Circuit reversed a district court’s dismissal of a Telephone Consumer Protection Act (“TCPA”) putative class action arising from the transmission of a single text message to the plaintiff. The...more
On May 14, 2021, the Seventh Circuit United States Court of Appeals issued a decision reaffirming the rule from “a slew of cases” that, without injury, a Fair Debt Collection Practices Act (FDCPA) claim alleging a bare...more
A federal appeals court recently addressed whether employees had standing to bring a lawsuit when their personally identifiable information (PII) was inadvertently circulated to other employees at the company, with no...more
In order to bring an action in any United States tribunal, a party must have “standing.” “The doctrine [of standing] limits the category of litigants empowered to maintain a lawsuit in federal court to seek redress for a...more
On February 4, 2021, the Eleventh Circuit Court of Appeals issued a critical opinion addressing Article III standing in private data breach actions, which has been the subject of a closely watched circuit split. The case,...more
In Tsao v. Captiva MVP Rest. Partners, LLC, No. 18-14959, 2021 WL 381948 (11th Cir. Feb. 4, 2021), Tsao brought a putative class action against PDQ - a restaurant chain that he purportedly patronized - following a data...more
GENERAL ELECTRIC COMPANY v. RAYTHEON TECHNOLOGIES CORP. Before Lourie, Reyna, and Hughes. Appeal from the Patent Trial and Appeal Board. Summary: A party has standing to appeal an adverse IPR decision if it has concrete...more