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  • Article

    Comcast Corp. v. Behrend: A Question of Balance

    It isn't complicated. A majority of the Supreme Court holds that, where an expert's model will not prove damages on a classwide basis, "[q]uestions of individual damage calculations will inevitably overwhelm questions common to the class," and Rule 23(b)(3) predominance is not satisfied.
    United StatesLitigation, Mediation & Arbitration
    Pierce Atwood LLP
    Pierce Atwood LLP
  • Article

    Six Tips For Mediating Class Actions

    There comes a time in many class actions when the parties agree to mediate.
    United StatesLitigation, Mediation & Arbitration
    Pierce Atwood LLP
    Pierce Atwood LLP
  • Article

    New England State Consumer Data Privacy Bills Currently Under Consideration

    As noted in previous installments in our ongoing series on U.S. privacy laws, the sector-specific and activity-specific model for U.S. privacy regulation is rapidly changing...
    United StatesPrivacy
    Pierce Atwood LLP
    Pierce Atwood LLP
  • Article

    NLRB Gets Busy – Part 2

    In January, we told you about recent activity by the National Labor Relations Board that overturned or departed from settled precedent
    United StatesEmployment and HR
    Pierce Atwood LLP
    Pierce Atwood LLP
  • Article

    Legislature Enters Final Stretch; Appropriators Receive Bad News Regarding Revenue Forecast; Tax Reform Proposal Officially Rolled Out (Under the Dome: Inside the Maine State House 5.3.13)

    Under the Dome: Inside the Maine State House is a weekly update that provides a high-level overview of recent activity at the Maine State House
    United StatesGovernment, Public Sector
    Pierce Atwood LLP
    Pierce Atwood LLP
  • Article

    "Class-wide" Arbitration: Fantastic Sams Franchise Corporation v. FSRO Association, Ltd., No. 11-2300 (1st Cir., June 27, 2012)

    In the case of "Fantastic Sams Franchise Corporation v. FSRO Association, Ltd.", the First Circuit Court of Appeals addressed the issue of whether "class-wide" arbitration is permissible
    United StatesLitigation, Mediation & Arbitration
    Pierce Atwood LLP
    Pierce Atwood LLP
  • Article

    Employers Prevail In Two U.S. Supreme Court Decisions

    The U.S. Supreme Court issued two closely watched decisions Monday affecting Title VII cases.
    United StatesEmployment and HR
    Pierce Atwood LLP
    Pierce Atwood LLP
  • Article

    Comcast Corp. v. Behrend: A Close Look At Class-Wide Proof Of Damages

    On March 27th, the Supreme Court issued a notable opinion addressing not only the interplay between class certification and merits issues, but also the relationship between Rule 23(b)(3) predominance and damages.
    United StatesLitigation, Mediation & Arbitration
    Pierce Atwood LLP
    Pierce Atwood LLP
  • Article

    First Circuit Revives Data Breach Class Action Claims In Webb V. Injured Workers Pharmacy, LLC

    Ever since the TransUnion decision, the question of what is sufficient injury has been reverberating throughout the lower courts and reaching federal courts of appeal.
    United StatesLitigation, Mediation & Arbitration
    Pierce Atwood LLP
    Pierce Atwood LLP
  • Article

    "Class-Wide" Arbitration Revisited in Oxford Health Plans LLC v. Sutter, U.S. No. 12-135: The Supreme Court Prepares to Weigh Back In

    Last summer, I* wrote about the First Circuit’s June 27, 2012 decision in Fantastic Sams Franchise Corporation v. FSRO Association, Ltd., ___ F.3d ___ (1st Cir. 2012).
    United StatesLitigation, Mediation & Arbitration
    Pierce Atwood LLP
    Pierce Atwood LLP
  • Article

    SEC Proposes "Crowdfunding" Rules

    On October 23, 2013, the SEC approved proposed rules enacting the crowdfunding exemption (Section 4(a)(6) of the Securities Act of 1933) created by Congress in Title III of the JOBS Act, permitting non-public companies to offer and sell limited amounts of securities on online "crowdfunding" platforms.
    United StatesCorporate/Commercial Law
    Pierce Atwood LLP
    Pierce Atwood LLP
  • Article

    Should You Require A Specific Endorsement Naming Your Client As An Additional Insured?

    The takeaway of this article is for you to consider updating your clients' insurance requirements to require a specific additional insured endorsement.
    United StatesInsurance
    Pierce Atwood LLP
    Pierce Atwood LLP
  • Article

    Essential I-9 Updates: Video I-9 Document Review For Qualifying Employers, A New Form Version, And Wrapping-up COVID Form Compliance

    Starting August 1, 2023, the Department of Homeland Security (DHS) will allow qualifying employers to review I-9 documents using a video conference as part of the employment...
    United StatesEmployment and HR
    Pierce Atwood LLP
    Pierce Atwood LLP
  • Article

    EPA Finally Amends Its Boiler MACT Regulations And Further Defines Fuels Versus Wastes

    Boiler owners beware – EPA has "finalized" its Boiler MACT, GACT, CISWI and NHSM rules and the compliance clocks have begun ticking.
    United StatesEnvironment
    Pierce Atwood LLP
    Pierce Atwood LLP
  • Article

    Comcast And The Nexium Antitrust Case

    On November 14, 2013, Judge William G. Young of the District of Massachusetts entered an order certifying a class of individual consumers and other payors who alleged that anti-competitive practices of the defendant pharmaceutical companies resulted in overcharges for the drug Nexium.
    United StatesLitigation, Mediation & Arbitration
    Pierce Atwood LLP
    Pierce Atwood LLP
  • Article

    "Class-wide Arbitration" Revisited: The Supreme Court Weighs In (Again) With Oxford Health Plans LLC v. Sutter

    In a March post on this blog, my colleague John Aromando previewed the then up-coming oral argument before the Supreme Court in Oxford Health Plans LLC v. Sutter, discussing the possible implications of that case on class-wide arbitration and, in particular, the proper reading of the Supreme Court’s earlier decision in Stolt-Nielsen S.A. v. AnimalFeeds International Corp.
    United StatesLitigation, Mediation & Arbitration
    Pierce Atwood LLP
    Pierce Atwood LLP
  • Article

    Maine Office Of Securities Enforcement Update

    The Maine Office of Securities enforces Maine's securities laws, licenses broker-dealers, broker-dealer agents, investment advisers, and investment adviser representatives...
    United StatesCorporate/Commercial Law
    Pierce Atwood LLP
    Pierce Atwood LLP
  • Article

    New Maine Tax Legislation For 2012

    This year’s short legislative session produced significant new tax laws dealing with all of Maine’s major taxes, as well as increased legislative oversight of Maine Revenue and dynamic fiscal analysis.
    United StatesTax
    Pierce Atwood LLP
    Pierce Atwood LLP
  • Article

    The National Labor Relations Board Discusses Employer Social Media Policies (Again)

    As workplace conversations have migrated from the water cooler to the internet, more and more employers have adopted social media policies, hoping to place some reasonable limits on what their employees say on-line.
    United StatesEmployment and HR
    Pierce Atwood LLP
    Pierce Atwood LLP
  • Article

    MADE IN THE USA: IRS Issues Inflation Reduction Act Guidance To Encourage American Manufacturing

    On May 12, 2023, the IRS issued guidance on the domestic content bonus requirements under the Inflation Reduction Act of 2022 (IRA) in Notice 2023-38 (the "Guidance").
    United StatesEnergy and Natural Resources
    Pierce Atwood LLP
    Pierce Atwood LLP

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