News & Publications

SUMMARY On December 1, 2022, the US Court of Appeals for the Second Circuit vacated a district court's certification of a nationwide class of 8,000+ retirement plans serving hundreds of thousands of participants in an ERISA action filed against the US's largest service provider for 403(b) retirement plans. The underlying complaint had alleged that the provider's participant loan services — which allow a plan's participants to borrow money using their retirement savings as collateral — [...]

Among other things, the federal TCPA imposes liability for calling/texting cell phone numbers using an Automatic Telephone Dialing System ("ATDS") without sufficient prior express consent. As defined by the TCPA, ATDS is "equipment which has the capacity—(A) to store or produce telephone numbers to be called, using a random or sequential number generator; and (B) to dial such numbers." The TCPA grants a private right of action and allows a plaintiff to recover statutory penalties [...]

Case law defining the application and scope of the Eliminating Kickbacks in Recovery Act ("EKRA)," 18 U.S.C. §220, has continued to grow since its passage in 2018. Over the past several months, the United States District Court for the Northern District of California, San Jose Division, issued rulings in relation to EKRA in the matter of United States v. Schena (Case No. 5:20-cr-00425-EJD-1). The Schena matter entails a laundry list of alleged wrongful actions by Arrayit Corporation, a California-based biomedical [...]