In its recent decision in Van Buren v. United States, the U.S. Supreme Court narrowed the scope of the Computer Fraud and Abuse Act (CFAA) and its potential use by employers to ensure computer security and protection for...more
For the first time in six years, the U.S. Supreme Court focused its attention upon the Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 1958, commonly referred to as the “New York Convention,” to...more
6/5/2020
/ Arbitration Agreements ,
Contract Terms ,
Convention on the Recognition and Enforcement of Foreign Arbitral Awards ,
Enforcement of Foreign Judgments ,
Equitable Estoppel ,
Federal Arbitration Act ,
Foreign Arbitral Awards ,
GE Energy Power Conversion France SAS v. Outokumpu Stainless USA LLC ,
Motion to Compel ,
Non-Signatories ,
SCOTUS ,
State Law Claims ,
Subcontractors
In Lucky Brand Dungarees, Inc. v. Marcel Fashions Group, Inc., the United States Supreme Court recently considered for the first time whether and the extent to which it should recognize “defense preclusion” as a valid...more
5/19/2020
/ Claim Preclusion ,
Collateral Estoppel ,
Counterclaims ,
Defense Preclusion ,
Fashion Branding ,
Issue Preclusion ,
Lucky Brand Dungarees v Marcel Fashion Group ,
Motion to Dismiss ,
Release Agreements ,
Res Judicata ,
SCOTUS ,
Split of Authority ,
Subsequent Litigation ,
Trademark Infringement ,
Trademark Litigation ,
Trademarks
The United States Supreme Court began its 2018 term on Monday, October 1. So far, it has agreed to review three employment cases: Lamps Plus v. Varela; New Prime v. Oliveira; and Mt. Lemmon Fire Dist. v. Guido. These cases...more
10/4/2018
/ ADEA ,
Age Discrimination ,
Arbitration Agreements ,
Class Arbitration ,
Commercial Truck Drivers ,
Corporate Counsel ,
Employment Contract ,
Firemen ,
Independent Contractors ,
Lamps Plus Inc v Varela ,
Misclassification ,
Mount Lemmon Fire District v Guido ,
New Prime v Oliveira ,
Public Employers ,
SCOTUS ,
Uber
Use of a Dress Code Gone Bad -
Employers catering to the public, or relying upon in-person customer contacts to promote their businesses, have frequently established employee "dress codes" to regularize the appearance of...more
6/4/2015
/ Abercrombie & Fitch ,
Appearance Policy ,
Disparate Impact ,
Disparate Treatment ,
Dress Codes ,
EEOC v Abercrombie ,
Equal Employment Opportunity Commission (EEOC) ,
Hiring & Firing ,
Reasonable Accommodation ,
Religious Discrimination ,
SCOTUS ,
Title VII
This is the second of a seven-part series describing "Hot Employment Topics for 2014." Part II focuses upon "The Aftermath of the Demise of the Defense of Marriage Act."
The United States Supreme Court in 2013 struck...more
This is the first of a seven-part series describing "Hot Employment Topics for 2014." Part I focuses upon "The New World of Disabilities Discrimination."...more
INTRODUCTION. The U.S. Supreme Court has issued two significant employment decisions: Vance v. Ball State University (addressing the issue of who is properly called a "supervisor" when assessing workplace harassment claims);...more