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EO 11246 Following the Harvard-UNC Supreme Court Cases: Why Federal Contractors Should Stay the Course for Now

The US Supreme Court’s June 29 decision in Students for Fair Admissions, Inc. v. University of North Carolina and Students for Fair Admissions, Inc. v. Harvard University (the Harvard-UNC cases), which will have a...more

Us Supreme Court: Affirmative Action in College Admissions Must Come to an End

The US Supreme Court issued a landmark decision on June 29, 2023 regarding challenges to race-conscious admissions programs at Harvard University and the University of North Carolina (UNC). In a 6–3 decision split along...more

A Proxy Season Wrap-up: Shareholder Proposals Target ESG and Equity Audits

In recent years, there has been a steady increase in shareholder proposals that target a public company’s ESG commitments, including diversity and inclusion data, environmental or emission programs, and community engagement....more

The Trends—and Traps—that Will Shape 2023

The last few years have thrown many surprises at businesses. Organizations across all sectors have faced inflation, global conflicts, supply chain challenges, a pandemic, and continually changing government policies. In 2023,...more

US Supreme Court to Consider Scope of Attorney-Client Privilege in Dual-Purpose Communications

The US Supreme Court heard oral arguments on January 9, 2023, regarding how federal courts should determine when the attorney-client privilege applies to dual-purpose communications. The central question in the case before...more

Supreme Court Hears Oral Argument in Challenge to Harvard and UNC Race-Conscious Admission Programs

The US Supreme Court on October 31 debated the legality of race-conscious admission programs used by Harvard University and the University of North Carolina. The decisions in these highly watched cases could have broad...more

OFCCP Publishes Request for Information on Federal Contractor Diversity & Inclusion Training

The Office of Federal Contract Compliance Programs (OFCCP) published a Request for Information (RFI) in the Federal Register, seeking information from federal contractors, federal subcontractors, and their employees regarding...more

Recent Administration Actions on Diversity Training and Aspirational Diversity Goals

The administration has begun taking actions with regard to workplace diversity trainings and representation goals on the basis of race, but clarifies that unconscious bias training is still permissible....more

Dodd-Frank and Diversity

As the dust settles on the recent final interagency policy statement, employers should discuss with qualified counsel how to develop and encourage a diversity and inclusion strategy within the existing law....more

Pennsylvania Non-Compete Update

The Superior Court of Pennsylvania reaffirms that restrictive covenants added to existing employment relationships must be supported by “valuable consideration.” Pennsylvania courts have long held that an employer...more

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