On The Brink(er): In Appeal Of Closely-Watched Data Breach Class Certification, Eleventh Circuit Vacates In Part And Remands For Further Proceedings

The Eleventh Circuit’s recent ruling in In re Brinker Data Incident Litigation (“Brinker”) is the first time that a federal circuit court has ruled on a lower court’s grant of class certification in a data breach class action case. The Eleventh Circuit, in a 2-1 split panel decision, vacated in part the District Court’s class certification order finding that two out of three named plaintiffs did not have Article III standing. The Eleventh Circuit then remanded […]

By | July 2nd, 2023 ||

Georgia Appellate Court Says Employee Nonsolicitation Covenant Not Enforceable Without Express Geographic Limitation

In a recent decision, a Georgia appellate panel held that an employee nonsolicitation covenant that limits what parties can do following the end of a business relationship must have an explicit geographic limitation to be enforceable under state law.

Quick Hits

A panel of the Georgia Court of Appeals ruled that a restrictive covenant prohibiting former employees from soliciting or recruiting employees of their former employer was not enforceable without an explicit geographic limitation.
The […]

By | June 23rd, 2023 ||

Federal District Courts Must Stay Proceedings While An Interlocutory Appeal On Arbitrability Is Pending, United States Supreme Court Held

In a recent 5-4 decision in Coinbase, Inc. v. Bielski, the United States Supreme Court held that federal district courts must stay proceedings while interlocutory appeals of orders denying motions to compel arbitration are pending. District courts typically have discretion to stay proceedings while interlocutory appeals are pending or proceed with the aspects of the case not subject to the appeal. Since interlocutory appeals about arbitrability concern the core issue of whether “the litigation may go forward in […]

By | June 11th, 2023 ||