News & Publications

The Eleventh Circuit Court of Appeals has overturned the 2023 Federal Communications Commission (FCC) Order that introduced stricter consent requirements for telemarketing and advertising robocalls. As a result, businesses are no longer required to follow the "one-to-one-consent" rule or the "logically-and-topically-related" rule. Background on the FCC's 2023 Order In 2023, the FCC modified the 2012 definition of "prior express written consent" under the Telephone Consumer Protection Act (TCPA), adding two significant restrictions: One-to-One-Consent Rule: This [...]

On February 26, 2025, in Parra Rodriguez v. Packers Sanitation Services Ltd., LLC, the California Court of Appeal, Fourth Appellate District held that trial courts cannot order arbitration of unasserted individual claims under California's Private Attorneys General Act (PAGA). The decision affirmed a Superior Court decision denying a motion to compel arbitration where the plaintiff disclaimed all individual relief and brought the action in a representative capacity only. The Fourth Appellate District's decision departs from Leeper v. [...]

Takeaways A three-judge panel of the Fourth Circuit stayed, pending appeal, the district court's 2/21/25 injunction against enforcement of aspects of two EOs banning "illegal" DEI. The decision is based on the administration's representation that the enjoined provisions apply only to conduct that violates existing federal anti-discrimination law. Federal agencies may terminate contracts and require certifications pursuant to the EOs. The appeal of the 2/21/25 preliminary injunction remains pending. Employers should continue assessment of their [...]