The U.S. Supreme Court held that when the Securities and Exchange Commission (SEC) seeks civil penalties against a defendant for securities fraud, the Seventh Amendment of the U.S. Constitution entitles the defendant to a...more
7/31/2024
/ Administrative Authority ,
Administrative Law Judge (ALJ) ,
Administrative Proceedings ,
Article III ,
Government Agencies ,
Jury Trial ,
Loper Bright Enterprises v Raimondo ,
Public Rights Doctrine ,
Relentless Inc v US Department of Commerce ,
SCOTUS ,
SEC v Jarkesy ,
Securities and Exchange Commission (SEC) ,
Seventh Amendment
In the retail industry, when superstars, C-suite employees, and other high-achieving individuals are accused of misconduct, the company has a significant management challenge to address the situation in an unemotional,...more
11/1/2023
/ Attorney-Client Privilege ,
C-Suite Executives ,
Confidential Information ,
Disclosure Requirements ,
Documentation ,
Employees ,
Investigations ,
Legal Advice ,
Professional Misconduct ,
Reporting Requirements ,
Retailers ,
Shareholders
In a $35 million settlement that emphasizes the “S” for social in Environmental, Social and Corporate Governance (ESG) issues in public filings, publicly traded video game developer Activision Blizzard, Inc. has agreed with...more
3/28/2023
/ Activision ,
Board of Directors ,
DFEH ,
Disclosure ,
Environmental Social & Governance (ESG) ,
Failure To Disclose ,
Gender-Based Pay Discrimination ,
Policies and Procedures ,
Professional Misconduct ,
Securities and Exchange Commission (SEC) ,
Securities Exchange Act ,
Sexual Harassment
Governor Phil Murphy has signed Executive Order No. 109 to requires that all non-essential adult elective surgeries and invasive procedures, whether medical or dental, be suspended effective as of 5:00 p.m. on March 27, 2020....more
New Jersey Governor Phil Murphy has ordered the shutdown of daycare facilities, effective April 1, 2020, except for certified emergency childcare centers that provide services only to “essential persons.”
Executive Order...more
Within a day of New Jersey Governor Phil Murphy publicizing a hotline phone number to lodge complaints against employers in New Jersey that may be violating Executive Order No. 107 (EO 107), the hotline became so overloaded...more
Following New Jersey Governor Phil Murphy’s announcement to overhaul New Jersey’s workplace culture at his State of the State address, the Governor proposed amendments to the New Jersey Law Against Discrimination (NJLAD) that...more
In Wadler v. Bio-Rad Labs., Inc., the Ninth Circuit narrowed the circumstances under which a plaintiff can prove a Sarbanes-Oxley Act (“SOX”) claim.
Sanford Wadler, the former general counsel of Bio-Rad Laboratories, Inc.,...more
In a win for employers, the Tenth Circuit Court of Appeals recently held that “…the False Claims Act’s anti-retaliation provision unambiguously excludes relief for retaliatory acts occurring after the employee has left...more
California Governor Jerry Brown recently signed Senate Bill 826 into law which requires publicly-held corporations with principal executive offices in California to have a certain number of females on their boards of...more
In the wake of Justice Anthony Kennedy’s retirement, President Donald Trump was presented with the rare opportunity to make his second U.S. Supreme Court nomination in as many years, nominating the Honorable Brett M....more
The U.S. Supreme Court term that ended June 2018 included decisions on many topics important to workplace law, including class action waivers in employment arbitration agreements, public-sector “agency shop” arrangements, and...more
6/29/2018
/ Anti-Discrimination Policies ,
Class Action ,
Class Action Arbitration Waivers ,
CNH Industrial N.V. v Reese ,
Collective Bargaining Agreements (CBA) ,
Digital Realty Trust Inc v Somers ,
Dodd-Frank ,
Epic Systems Corp v Lewis ,
Fair Labor Standards Act (FLSA) ,
Janus v AFSCME ,
Masterpiece Cakeshop Ltd v Colorado Civil Rights Commission ,
Murphy v National Collegiate Athletic Association ,
Navarro v Encino Motorcars ,
NLRA ,
Over-Time ,
PASPA ,
Reversal ,
Same-Sex Marriage ,
SCOTUS ,
Securities and Exchange Commission (SEC) ,
Sports Betting ,
Travel Ban ,
Trump v Hawaii ,
Union Dues
The New Jersey Senate has passed a bill that would prohibit jury waivers and agreements that conceal the details of discrimination claims under the New Jersey Law Against Discrimination, N.J.S.A. § 10:5-1, et seq. (LAD). The...more
A former employee who failed to show he reported alleged securities law violations to the Securities and Exchange Commission (SEC), as required under the Dodd-Frank Wall Street Reform and Consumer Protection Act (DFA), cannot...more
The anti-retaliation provision of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 protects only employees who complain directly to the Securities and Exchange Commission (SEC), the U.S. Supreme Court has...more
2/23/2018
/ Anti-Retaliation Provisions ,
Digital Realty Trust Inc v Somers ,
Dodd-Frank ,
Employer Liability Issues ,
Hiring & Firing ,
Internal Reporting ,
Retaliation ,
Sarbanes-Oxley ,
SCOTUS ,
Securities and Exchange Commission (SEC) ,
Securities Violations ,
Whistleblower Protection Policies ,
Whistleblowers
New York Attorney General Eric Schneiderman has filed a civil rights lawsuit against Harvey Weinstein, his brother Robert Weinstein, and their company, The Weinstein Company (TWC).
The lawsuit, which details allegations of...more
A bill in the New Jersey State Senate would effectively prohibit jury waivers, arbitration clauses, and non-disclosure provisions related to claims under the New Jersey Law Against Discrimination, N.J.S.A. § 10:5-1, et seq....more
The American College of Trial Lawyers (ACTL) has released a White Paper on Campus Sexual Assault Investigations aimed at improving the process employed by universities to address campus sexual assaults....more
The Port Authority of New York and New Jersey is not subject to suit under New Jersey’s expansive whistleblower statute, the Conscientious Employee Protection Act, the New Jersey Appellate Division has held. Sullivan v. Port...more
Proposed legislation that would make whistleblower settlement agreements involving public entities available to the public has been approved unanimously by the New Jersey Assembly on March 23, 2017.
The New Jersey...more
A bill in Congress would significantly amend the Dodd-Frank Wall Street Reform and Consumer Protection Act (Pub. L. 111–203) to change what institutions might be designated a systemically important risk requiring additional...more
New Jersey’s minimum wage will increase from $8.38 per hour to $8.44 per hour effective January 1, 2017, the New Jersey Department of Labor and Workforce Development (NJDOL) has announced.
New Jersey voters approved a...more
A government employer can violate an employee’s constitutional rights by acting based on incorrect information that, if true, would violate the U.S. Constitution, even though the employee was not actually exercising his or...more