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Civil Rights Division Of DOJ Explains Title IX Protects Gender Identity And Sexual Orientation Status, Bringing High-Stakes Showdown With Contrary State Laws One Step Closer - Consumer Protection

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The Department of Justice's Civil Rights Division released a
March 26, 2021 memorandum explaining the
Division's position that Title IX prohibits discrimination on
the basis of transgender and sexual orientation status. In so
concluding, the Division seeks to expand to Title IX the U.S.
Supreme Court's decision in
Bostock v. Clayton
Cnty., which held that Title VII's definition of
"sex" prohibited discrimination on the basis of sexual
orientation and gender identity in the employment context.

The Division characterizes its advice as a supposed
"starting point" for federal agencies. But it is

Supreme-court , Department-of-justice-civil-rights-division , Department-of-education-office-for-civil-rights , Civil-rights-division , Civil-rights , Almost-set , Mondaq , Civil-rights-division-of-doj-explains-title-ix-protects-gender-identity-and-sexual-orientation-status , Bringing-high-stakes-showdown-with-contrary-state-laws-one-step-closer , Consumer-protection , Education

Louisiana Court Rules Sales Manager Owed Fiduciary Duty To Employer - Employment and HR

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The recent decided case of
Duplessis Buick-GMC Truck,
Inc. v. Chauncey offers Louisiana employers a powerful
cause of action against highly trusted former employees for breach
of fiduciary duty—one that is akin to an action to enforce
noncompete agreements or trade secret laws but without statutory
constraints.
Fiduciary duty is the highest duty known to the law. In
Louisiana, employees ordinarily have a duty of loyalty to their
current or former employers, but they do not have a fiduciary duty
to their employers. Certain relationships, however, impose

Louisiana , United-states , Michael-chauncey , Louisiana-court , Truck-inc , First-circuit , Mondaq , Louisiana-court-rules-sales-manager-owed-fiduciary-duty-to-employer , Employment-and-hr , Contract-of-employment , Intellectual-property , Trade-secrets

Last Week At The Ninth: Surgical Robots And Scienter - Litigation, Mediation & Arbitration

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This week, we take a look at one decision considering when
California law requires application of California's statute of
limitations, and another reiterating the strict standard for
pleading scienter in a securities fraud case.

The Court holds that under California choice-of-law
principles, California's statute of limitations applies when a
state resident is sued in California and the conflicting
out-of-state law is not intended to protect plaintiffs.
Panel: Judges Wardlaw, Bea, and
Caine, Jr. (W.D. La.), with Judge Bea writing the opinion.
Key highlight: "Both

Florida , United-states , California , Connecticut , Jean-rustico , Caine-jr , Judges-wardlaw , Judge-bea , Plaintiff-jean-rustico , Northern-district , Ninth-circuit

Twitter Challenges Texas AG's Civil Investigative Demand - Litigation, Mediation & Arbitration

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A recent lawsuit filed by Twitter against Texas AG
Ken Paxton claims that an investigation into the company's
internal content moderation policies violates the First
Amendment.
On January 13, Paxton issued a civil investigative demand (CID) to
Twitter seeking information related to the company's policies
and procedures for content moderation. In addition to requesting
all versions of Twitter's terms of use, terms of service, and
policies and procedures related to content moderation since 2017,
the CID directs the company to produce all communications regarding
the social media platform Parler. This last request includes both

California , United-states , Texas , State-of-texas , Donald-trump , Ken-paxton , Justice-clarence-thomas , Supreme-court , Twitter , Us-district-court , National-mall , Northern-district

Jury Trials To Resume In The District Of Delaware, Subject To Discretion Of The Judge - Litigation, Mediation & Arbitration

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The United States District Court for the District of Delaware
recently issued a Jury Trial Notice on April 5, 2021,
stating that jury trials will resume, subject to the discretion of
each individual judge as to whether and when any particular case
will proceed to trial.
Previously, on February 5th, the Chief District Court Judge
issued a Standing Order RE: Criminal and Civil Jury Trial
Suspension, which cancelled all jury trials for two months, in
light of the continuing impact of the COVID-19 pandemic.
Citing current conditions and after consultation with the

Delaware , United-states , Court-reopening-committee , United-states-district-court , District-court , Jury-trial-notice , Chief-district-court-judge , Standing-order , Civil-jury-trial , Reopening-committee , Mondaq

Amazon Pays $2 Million To Settle Reference Price Allegations - Media, Telecoms, IT, Entertainment

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Shortly after the state of California filed a lawsuit against Amazon alleging
deceptive prices, Amazon agreed to pay $2 million in penalties and
restitution.
Under the stipulated judgment, Amazon is restrained from
using an advertised reference price based on a formula, algorithm,
or other method that produces misleading or false results until
April 1, 2024. Amazon cannot advertise a reference price unless it
provides:
(1) a clear and conspicuous hyperlink to a clear and exact
definition of the term; and,
(2) the definition includes a statement that the reference price

California , United-states , Riverside-county , District-attorney-office , District-attorney , Mondaq , Amazon-pays-2-million-to-settle-reference-price-allegations , Litigation , Mediation-amp-arbitration , Trials-amp-appeals-compensation , Media

Court Of Chancery Holds That Arbitrability Of Advancement Claim Must Be Determined By Arbitrator - Litigation, Mediation & Arbitration

In the recent decision of
Blackmon v. O3 Insight,
Inc., C.A. No. 2020-1014-SG (Del. Ch. Mar. 9, 2021), the
Delaware Court of Chancery held that the arbitrability of a
Delaware director's claim for advancement must be determined by
an arbitrator.
The Petitioner, Theodore Blackmon, is a director and stockholder
of respondent O3 Insight, Inc. (the "Company"), a
Delaware corporation. In September of 2020, the Company sued
Blackmon in Alabama alleging breach of his fiduciary duty to the
Company. The Certificate of Incorporation and Bylaws of the Company
provide for advancement following tender of an undertaking to
repay.
Blackmon filed an action in the Delaware Court of Chancery

Delaware , United-states , Alabama , American , Theodore-blackmon , Willie-gary , Insight-inc , Delaware-court , James-jackson , Bylaws-of-the-company , Arbitration-association , Commercial-arbitration-rules

No Heeding Presumption (and No Warnings Causation) In Eastern District Of Wisconsin Mesh Case - Food, Drugs, Healthcare, Life Sciences

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We understand the value of branching out and trying new
things. Recently, a close companion prevailed upon us to try
calamari (thumbs down). We signed up for a Zoom acting
class during the pandemic. And we are seriously considering a
"new" hair color, to take advantage of the natural
phenomenon that has occurred during the past thirteen months.
But sometimes it is satisfying to do the same thing over and over
again. One year, we returned five times to see a relatively
obscure Broadway show. We order green curry every single time

Wisconsin , United-states , Thailand , Thai , Wisconsin-supreme-court , Seventh-circuit , Mondaq , No-heeding-presumption-and-warnings-causation-in-eastern-district-of-wisconsin-mesh-case , Food , Drugs , Health-care

Supreme Court Holds TCPA Requires Random Or Sequential Number Generation - Consumer Protection

On April 1st, the Supreme Court held 9-0, in
Facebook v. Duguid, that equipment
must be capable of random or sequential number generation in order
to qualify as an "automatic telephone dialing system"
under the Telephone Consumer Protection Act.
The Telephone Consumer Protection Act of 1991 (TCPA), among
other things, restricts certain communications made with an
"automatic telephone dialing system" (ATDS). The TCPA
defines an ATDS as equipment that can both "store or produce
telephone numbers to be called, using a random or sequential number
generator," and dial those numbers. The interpretive question
before the Court was whether the phrase "using a random or

Justice-sotomayor , Justice-alito , Supreme-court , Facebook , Telephone-consumer-protection , Telephone-consumer-protection-act , Mondaq , Supreme-court-holds-tcpa-requires-random-or-sequential-number-generation , Consumer-protection , Dodd-frank , Consumer-protection-act , Litigation

Supreme Court Defines ATDS Under The TCPA - Media, Telecoms, IT, Entertainment

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On April 1, 2021, in a unanimous decision, the Supreme Court
ruled that the definition of an automatic telephone dialing system
("ATDS") under the TCPA is limited by the plain grammar
of the statute itself. The Court, in a decision authored by Justice
Sotomayor, held that a device must have the capacity
to
use a random or sequential
number generator in either storing or producing a telephone number,
to qualify as an ATDS under the TCPA.
Facebook, Inc. v.
Duguid
et al., Case No. 19-511 (2021).
Our preview of the Supreme Court's consideration

California , United-states , Duguidet-al , Noah-duguid , Justice-sotomayor , Justice-alito , Supreme-court , Court-duguid , Facebook-inc , Facebook , Supreme-court-reverses-the , Northern-district