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Local Court Ruling Takes the Hands off of Hands On: Tensions between Fairness Ordinances and Religious Freedom Restoration Acts

Businesses should keep a close eye on a case that continues to develop in Lexington, Kentucky, as it highlights the current tensions between emerging, evolving antidiscrimination paradigms and rights of free expression and...more

Supreme Court Authorizes “Barebones” Court Review of the EEOC’s Conciliation Efforts

On April 29, 2015, the U.S Supreme Court held in Mach Mining, LLC v. Equal Employment Opportunity Commission that courts are empowered to review whether the U.S. Equal Employment Opportunity Commission (EEOC) satisfied its...more

OSEP Urges LEAs to Respect Parents’ Choice of Dispute Resolution Process

On April 15, 2015, the Office for Special Education Programs (OSEP) within the U.S. Department of Education issued a Dear Colleague Letter regarding the interaction between the due process hearing system and the state...more

U.S. Supreme Court hears disparate impact case

Last week, the U.S. Supreme Court heard oral argument in a case which questioned whether the Fair Housing Act (FHA) allows for a disparate impact theory of liability. The disparate impact theory of liability is one in which a...more

Third Time Is the Charm: U.S. Supreme Court Hears Argument in Disparate Impact Case

The U.S. Supreme Court recently heard oral argument in Texas Department of Housing and Community Affairs v. The Inclusive Communities Project, Inc.—the case presenting the issue of whether disparate impact claims are...more

Seventh Circuit Finds No ADA Liability for Employer Not Involved in Decisionmaking

Joyce Whitaker began working for Milwaukee County as a corrections officer in 2001. In 2005, she sustained a work-related back injury and subsequently was diagnosed with several related medical conditions. As a result, her...more

University of Florida Quarterback Is Reinstated After Accuser Withdraws Sexual Assault Complaint

James Ryan, the Partner-in-Charge of the Education Litigation Department of Cullen and Dykman LLP was recently featured in The Chronicle of Higher Education, regarding the highly publicized University of Florida (the...more

Town of Greece v. Galloway: U.S. Supreme Court Clarifies Law on Legislative Prayer and the Establishment Clause

Today, the Court handed down its ruling in Town of Greece. In a sweeping ruling, the Court upheld the local government’s religious invocations in a 5-4 decision. The ruling pretty dramatically and explicitly broadens the...more

Money Manager Sues SEC to Stop Administrative Action in $1.5 Billion CDO Case

A money manager and his firm recently sued the Securities and Exchange Commission claiming that the agency violated their constitutional rights by bringing an administrative proceeding for securities claims in connection with...more

Second Circuit Holds That New York City Commission On Human Rights’ Procedures Satisfy Constitutional Due Process

Rosu v. City of New York, No. 13-cv-243 (2d Cir. Feb. 7, 2014): Underlying this case, Mircea Rosu filed a complaint with the New York City Commission on Human Rights alleging that his manager and coworkers discriminated...more

Fenwick Employment Brief - September 2013: EEOC Sued for Unauthorized Mass Solicitation E-mail to Company Employees

After sending 1,330 e-mails to employees of Case New Holland, Inc. and its affiliates in an alleged effort to solicit plaintiffs to commence a class action lawsuit, the federal EEOC found itself on the receiving end of a...more

You've Got Mail! The EEOC's Latest Investigation Tactic Could Be Coming to Your Corporate Inboxes

In the past few years federal agencies such as the Equal Employment Opportunity Commission (EEOC) have intensified their investigation and enforcement tactics....more

Commentary on the planned work on the act “against the Big Brother” presented by the Minister of Internal Affairs B. Sienkiewicz...

In 2013 the Minister of Internal Affairs B. Sienkiewicz announced work on the bill “against the Big Brother”. The announcement of B. Sienkiewicz of the act regulating among others the principles of operation of video...more

Opinion on the proposed reform of the secret services in Poland - the Bill on the Internal Security Agency's (2013)

In fact, the biggest problem of Polish secret services (including ISA) is their lack of specialization. Despite determining their activities, under the current law, the ISA deals with “everything and nothing”, which...more

Alabama Firearm Act of 2013

The Alabama Firearms Act of 2013 was signed by Gov. Bentley in May, 2013, thus the effective date should be (at the latest) 08/01/2013. This long overdue law changed Alabama's system of issuing concealed carry weapon's...more

Police Department City of New York v. Sergeant Raymond Stukes

Motion to Adjourn

Motion to Adjourn Trial ...more

DOES AUTHORITY EXIST FOR CRIMINAL PROSECUTION FOR VIOLATIONS OF BAIL LICENSING LAWS WITHOUT CERTIFICATION OF CRIMES BY THE...

California attorney Joseph Cavallo was convicted of violating Title 10, CCR section 2071, "recommendation of attorney by bail licensee". The authority to prosecute violations of the bail licensing regulations lies with the...more

NY Statewide Coalition of Hispanic Chambers of Commerce, et. al. v. NYC Dept. of Health

Analysis: NYC "Nanny State" Soda Ban Enjoined

Even the best laid plans of "nanny state" policy must pass constitutional muster. Hon. Milton Tingling enjoined New York City from instituting the now-famous sugar sweetened beverage ban that Mayor Bloomberg has touted...more

Capper, Dir of National Intelligence, et al v. Amnesty International USA et al

SCOTUS Dismisses Federal Wiretapping Challenge

Full text copy of Supreme Court's dismissal of lawsuit challenging federal wiretapping program. On Tuesday, February 26, 2013, a divided Court dismissed a challenge to the FISA Amendments Act, which permits federal...more

In re Simon Shiao Tam

Ex Parte Appeal Brief of Simon Tam of the PTO's Refusal to Register THE SLANTS Trademark

From the Preliminary Statement: This is not yet another case of a member of an ethnic group seeking registration of a supposedly offensive slur on the ground that group members, or he in particular, have “embraced” the...more

Fenwick Employment Brief - January 2013

In This Issue: *FEATURE ARTICLES - New Pregnancy and Disability Regulations for California Employers - Washington Federal Court Declines to Uphold Broad Non-compete Restrictions Against California...more

Employer Alleges “Inherently Conflicted and Irreparably Unfair Proceedings” at CHRO; Seeks Injunction

A new lawsuit filed last Thursday in Connecticut state court by an employer alleges that the employer’s due process rights are being violated by “inherently conflicted and irreparably unfair proceedings” at the Commission on...more

LAW AND GOVERNANCE IN THE FACE OF PUBLIC PRESSURE : A perspective in the backdrop of public outrage over the New Delhi gang rape...

LAW AND GOVERNANCE IN THE FACE OF PUBLIC PRESSURE: A perspective in the backdrop of public outrage over the New Delhi gang rape incident The paper examines the possible consequences of an executive under public pressure to...more

True Believers at Work—Accommodating Religious Practices on the Job

An employee cannot work on Friday evenings or Saturdays because his religious beliefs forbid working on the Sabbath. Another employee objects to contributing to co-worker birthday celebrations or union dues on religious...more

FMLA Leave For Same-Sex Couples To Be Clarified by Supreme Court's DOMA Decision?

This past Friday, the United States Supreme Court announced that it would consider whether the Defense of Marriage Act (DOMA) unlawfully denies benefits to gay and lesbian couples who are married in states that allow such...more

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