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The Power of Parties to Contract to Be Treated as Individuals Through Class Action Waivers in Employment Agreements

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In Employment Law | On June 22, 2017

The United States Department of Justice (“DOJ”) has previously opined that arbitration clauses waiving class actions are unenforceable. However, as of June 16, 2017, the DOJ opines that they are enforceable. The DOJ’s brief can be found here. The case to watch is Epic Systems Corp v. Lewis (consolidated with NLRB v. Murphy Oil and Ernst & Young v. Morris). […]

Delaware: The First State to Prohibit Questions About Compensation History

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In Employment Law | On June 19, 2017

On June 14, 2017, Delaware legislation (HB 1) was signed into law that prohibits questions about compensation history. See here. We blogged about this several times while this law was still a bill – including discussing significant changes made to the initial legislation. See here. Even more changes to the bill followed our last post. […]

U.S. Supreme Court Tightens Rules for Where Patent Lawsuits Can Be Filed

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In IP Litigation | On May 30, 2017

The patent venue statute, 28 U.S.C. § 1400(b), provides that “[a]ny civil action for patent infringement may be brought in the judicial district where the defendant resides, or where the defendant has committed acts of infringement and has a regular and established place of business.” On May 22, 2017, the United States Supreme Court unanimously […]