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Jan 15, 2025 | 
openlegalblogarchive.org | Brendan Gooley
The Second Circuit Court of Appeals recently rejected an attempt to vacate an arbitration award related to a maritime contract. Spliethoff Transport B.V. initiated arbitration against Phyto-Charter Inc. related to an alleged breach of a maritime contract. Spliethoff prevailed and moved to confirm the arbitral award.
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Jan 15, 2025 | 
jdsupra.com | Brendan Gooley
The Second Circuit Court of Appeals recently rejected an attempt to vacate an arbitration award related to a maritime contract. Spliethoff Transport B.V. initiated arbitration against Phyto-Charter Inc. related to an alleged breach of a maritime contract. Spliethoff prevailed and moved to confirm the arbitral award.
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Nov 18, 2024 | 
jdsupra.com | Brendan Gooley
The Seventh Circuit Court of Appeals recently refused to invalidate an arbitration award in a breach of contract case involving patent royalties based on purported violations of public policy. Dr. John Insall patented various knee replacement devices and licensed them to medical device company Zimmer Biomet Holdings Inc. Zimmer paid Dr. Insall, and later his estate, royalties in return.
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Nov 12, 2024 | 
jdsupra.com | Amanda Brahm |Brendan Gooley |James Sconzo
Last week, the U.S. Court of Appeals for the Eleventh Circuit ruled that Title IX of the Education Amendments of 1972 does not provide an implied right of action for sex discrimination in employment. This decision deepens an existing split among circuit courts. This issue came before the Eleventh Circuit on a consolidated appeal of two claims. The first was a lawsuit brought by an art professor at Augusta University who was found responsible for sexual harassment under the school’s Title IX policy.
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Nov 5, 2024 | 
jdsupra.com | Michael Bailey |Brendan Gooley
Penn State recently agreed to pay $1.25 million to settle allegations of False Claims Act violations related to its cybersecurity controls after a whistleblower alleged that the university failed to adhere to cybersecurity requirements associated with a contract it had with the Department of Defense and lied to the government about its cybersecurity program.
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Oct 4, 2024 | 
jdsupra.com | Brendan Gooley |Jonathan Sterling
A federal judge in Texas has enjoined the Federal Trade Commission’s ban on noncompete agreements, leaving the FTC’s attempt to quash such agreements waiving in the breeze, at least for the time being. Earlier this spring, the FTC issued a broad rule banning almost all noncompetes in for-profit businesses, subject to limited exceptions, including an exception for senior executives (defined as workers earning more than $151,164 annually who are in policymaking roles).
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Oct 1, 2024 | 
hrdailyadvisor.blr.com | Brendan Gooley |Carlton Fields
Recently, Connecticut significantly expanded its paid sick leave law. Among other changes, the law will apply to more (and eventually all) Connecticut employers and will allow employees to use paid sick leave for illnesses suffered by a broader array of family members. Original Paid Sick Leave LawConnecticut originally passed a paid sick leave law in 2011.
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Jun 6, 2024 | 
jdsupra.com | Brendan Gooley
The Ninth Circuit Court of Appeals recently reversed the denial of a motion to compel arbitration after concluding, contrary to the district court’s decision, that a “sign-in wrap agreement” provided conspicuous notice of terms and that an arbitration clause in the terms was therefore enforceable. Warners Bros. Entertainment Inc. developed Game of Thrones: Conquest, a mobile game that users could download on their phones.
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Jun 5, 2024 | 
jdsupra.com | Brendan Gooley
The U.S. District Court for the Northern District of Illinois has rejected an argument that opting out of arbitration clauses precluded arbitration under prior arbitration agreements in a dispute between Uber drivers and Uber. A group of Illinois Uber drivers sued Uber under the Fair Labor Standards Act and Illinois law claiming that Uber misclassified them as independent contractors.
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May 23, 2024 | 
jdsupra.com | Brendan Gooley |Jonathan Sterling
The SEC has opened a new track in the whistleblower litigation derby. While SEC enforcement actions concerning whistleblower violations are nothing new, they typically involve claims that companies precluded employees from reporting purported violations of securities laws to the SEC. See “Juggling Act: SEC Fines Three Employers for Potentially Discouraging Whistleblowers,” Expect Focus – Life, Annuity, and Retirement Solutions (January 2024).
