News & Publications

In a win for employers, the U.S. Supreme Court ruled this week in E.M.D. Sales, Inc. v. Carrera that employers need only prove an exemption from overtime under the Fair Labor Standards Act (FLSA) by a "preponderance of the evidence" rather than the higher standard of "clear and convincing evidence." Why Does the Standard of Proof Matter to Employers? The FLSA requires most employers to pay employees minimum wage (currently $13.00/hour -- and $9.98/hour for tipped employees [...]

On December 18, 2024, the United States Court of Appeals for the Eleventh Circuit heard oral argument in Insurance Marketing Coalition Limited v. Federal Communications Commission, et al., a crucial case challenging the Federal Communications Commission's ("FCC") "one-to-one" consent rule. The rule, which is presently set to go into effect on January 27, 2025, adopts new consent restrictions for marketing calls that essentially curtail the ways in which consumers can consent to receive telephonic outreach from multiple [...]

The U.S. Supreme Court will consider whether U.S. courts have personal jurisdiction over foreign defendants under the Promoting Security and Justice for Victims of Terrorism Act ("PSJVTA"). On December 6, 2024, the Supreme Court granted certiorari in two consolidated cases—Fuld v. Palestine Liberation Organization  and United States v. Palestine Liberation Organization, regarding the constitutionality of the jurisdictional "consent" provision in the PSJVTA. The cases were brought by injured U.S. citizens and relatives of victims of terror attacks [...]