Kagan Stern Marinello & Beard, LLC

Kagan Stern is proud to have been one of the sponsors of the Central Maryland Chamber's annual Economic Summit. This was a great event that had an excellent turnout and presented attendees with a wealth of information about economic developments in the region. Thank you to the presenters, who included Amy Gowan, David Iannucci, Jennifer Jones, CEcD, Karen Holt, Bill Tompkins, Colonel Yolanda Gore, Amanda Hof, Trish McClean, Kelly Groff, Leslie Whitlow Graves, Kristen Pironis, County Executive Steuart Pittman, County Executive Calvin Ball, and Ricky Smith. And great work by the Central Maryland Chamber President & CEO Dewan Clayborn, IOM for leading this event. https://lnkd.in/epH_Ktx4

Many business owners and executives do not realize the reach of the Fair Labor Standards Act ("FLSA") and the potential for individual liability based on the broad definition of "employer" that is applied under the statute. A recent decision by the Eleventh Circuit illustrates the breadth of the term "employer" under the FLSA and the ramifications of stipulations when they are entered into (see link below). https://lnkd.in/e6mv5pGD

Congratulations to Stephen Stern and Shannon Hayden for helping a client prevail on the primary claim in a six day federal jury trial earlier this year, then later succeeding on a motion for new trial when the court, in a 42 page opinion, found it had erred by allowing the plaintiff to amend its complaint after the close of all the evidence to include a new claim on which the jury had ruled in the plaintiff's favor. For more about the case and the court's opinion, see the link below. https://lnkd.in/eXJWmKjj

Earlier this summer, a federal court in Texas issued a preliminary injunction that prevented the FTC from enforcing or implementing its new rule banning most non-compete agreements. That same court has now set aside the FTC rule, finding it exceeds the FTC's rulemaking authority and it was arbitrary and capricious. https://lnkd.in/eR5FSFHU

A federal court in New York recently granted in part and denied in part a motion to dismiss a complaint filed against the National Football League. In its decision, the court provided some helpful guidance on what constitutes protected activity when opposing a racially discriminatory employment practice. https://lnkd.in/guv3zDsb

Earlier this month, a federal court in Texas stayed the implementation and enforcement of the FTC's new rule banning most non-compete agreements. Now there is a new decision from a federal court in Pennsylvania that refused to stay the implementation and enforcement of the FTC's rule banning most non-compete agreements. To learn more about this new decision, see the link below. https://lnkd.in/eyBVAZas

The United States Court of Appeals for the Ninth Circuit recently issued an important decision that concerns class action litigants and, in doing so, it addressed an issue of first impression, that being "when does the narrowing of a class definition end . . . the tolling of the statute of limitations for members of a putative or certified plaintiff class?" The court ultimately concluded that tolling of the statute of limitations ends when the narrower class definition becomes "unambiguous." To learn more about the decision and the court's analysis, see the link below. https://lnkd.in/ed8FcxQb

A federal court in Texas issued an important decision on Wednesday, right before the Fourth of July holiday, enjoining the implementation and enforcement of the Federal Trade Commission's new rule banning most non-compete agreements, but the scope of the injunction was limited. For a summary of the decision, see the link below. https://lnkd.in/eBcw9RE2

Kagan Stern is proud to share that each of the firm's partners has been recognized as a "Leading Lawyer" by What's Up? Magazine for 2024-2025. Congratulations to Jonathan Kagan, Stephen Stern, Michael Marinello, and Ryan Beard! https://lnkd.in/eKRdZpe3

Partner Stephen Stern often speaks on different topics before various business groups and he recently had the opportunity to speak before two groups last month. In early April, Stephen spoke during the National Business Institute's Business Contract Litigation Boot Camp and later in the month he spoke at the HR Virginia SHRM State Council Annual State Conference in Richmond, Virginia. To learn more about Stephen's presentations, see the link below. https://lnkd.in/e895uqsk