On April 12, 2024, a unanimous U.S. Supreme Court issued an opinion in Macquarie Infrastructure Corp. v. Moab Partners, L. P., vacating a judgment of the U.S. Court of Appeals for the.
The Supreme Court recently issued a significant decision regarding the reach of SEC Rule 10b-5. In Macquarie Infrastructure Corp. v. Moab Partners, L.P., the Court addressed whether the.
When a public REIT acquires or disposes of real estate, the transaction may trigger financial disclosure requirements under SEC rules and guidance. Specifically, Rule 3-14 of Regulation S-X.
When a public REIT acquires or disposes of real estate, the transaction may trigger financial disclosure requirements under SEC rules and guidance. Specifically, Rule 3-14 of Regulation.
Fifth Circuit Rejects Two-Step FLSA Certification Process Tuesday, February 2, 2021
For over 30 years, most district courts throughout the country have used a two-step conditional certification process to govern certification of collective actions under the Fair Labor Standards Act (FLSA). But in its recent and game-changing opinion,
Swales v. KLLM Transport Services, LLC, the Fifth Circuit rejected that two-step process and laid out a stricter framework for FLSA collective actions.
Under the FLSA, a named plaintiff can bring an action on behalf of him- or herself and all other “similarly situated” individuals. Unlike Rule 23 class actions, FLSA collective actions require other employees to opt-in to the case by filing written notice with the court. As part of the opt-in process, the Supreme Court has held that district courts can authorize notice be sent to the similarly situated employees advising them of their right to join the collective action. Import