News & Analysis as of

Preliminary Injunctions Injunctive Relief Corporate Counsel

Fisher Phillips

SCOTUS Will Soon Decide If Federal Judges Can Issue Nationwide Injunctions: What's at Stake for Employers?

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The US Supreme Court is poised to decide a landmark case that could significantly limit the ability of federal judges to issue nationwide injunctions – a move that could have a profound impact on the workplace. Injunctions...more

Fisher Phillips

SCOTUS Delivers Starbucks a Win in Labor Dispute: Here’s How the Ruling Impacts Employers

Fisher Phillips on

The Supreme Court just sided with Starbucks in a case where the Labor Board tried to force the company to temporarily reinstate workers who were fired for hosting media interviews afterhours in a closed store. Starbucks said...more

Seyfarth Shaw LLP

Federal Court Finds That It Lacks Jurisdiction To Enjoin Employer From Retaliating Against Putative Class Members

Seyfarth Shaw LLP on

Seyfarth Synopsis – Following a familiar fact pattern, after a named Plaintiff filed a putative class action in Bird, et al. v. Barr, No. 19-CV-1581 (D.D.C. July 23, 2020), she complained that the defendant employer...more

Proskauer - Minding Your Business

Ninth Circuit “Scraps” Old Construction of CFAA in Closely Watched LinkedIn Data Scraping Case

This past month, professional networking site LinkedIn Corp., was given more time to file a petition for certiorari challenging a Ninth Circuit finding that hiQ Labs Inc. (“hiQ”), a workforce data analytics startup, did not...more

Proskauer - New Media & Technology

hiQ v. LinkedIn Redux? Ninth Circuit Decision Tested in New Case

The ink is barely dry on the landmark Ninth Circuit hiQ Labs decision. Yet, a new dispute has already cropped up testing the bounds of the CFAA and the ability of a platform to enforce terms restricting unauthorized scraping...more

McDermott Will & Emery

That’s All He Wrote: Copyright Owners No Longer Enjoy Presumption of Irreparable Harm

McDermott Will & Emery on

Addressing for the first time the issue of whether a presumption of irreparable harm should apply in copyright infringement cases, the US Court of Appeals for the Third Circuit held that it did not, aligning the rule for...more

Farella Braun + Martel LLP

Branding Concerns Rise Amid Cryptocurrency Proliferation

New cryptocurrencies and tokens have been popping up all over the place, leading the SEC to set up an initial coin offering (ICO) section on its website and to promote recent enforcement actions in the digital currency space....more

Littler

Tenth Circuit Significantly Narrows Scope of Injunction Cases Where Irreparable Harm is Presumed

Littler on

On October 30, 2017, the U.S. Court of Appeals for the Tenth Circuit held that a moving party is not excused from showing irreparable harm prior to the issuance of a preliminary injunction in a trade secret misappropriation...more

Fisher Phillips

Governor Brown Signs Bill to Significantly Alter California Retaliation Law to Benefit Employees

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Senate Bill 306, among other things, allows an employee or the Labor Commissioner to obtain a preliminary injunction (ordering the employee to be reinstated pending their retaliation claim) upon a mere showing of “reasonable...more

Seyfarth Shaw LLP

Despite Evidence That Ex-Employee Violated Customer Non-Solicitation Covenant, Injunction Denied Because No “Irreparable” Harm

Seyfarth Shaw LLP on

Touzot was an employee of ROM, a seller of products used in making balsa wood model planes and boats. His employment agreement included a post-termination customer non-solicitation covenant. After he left ROM, he became a...more

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