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The U.S. Women's National Soccer Team's Claim of Pay Discrimination Should Remind Employers to Pay Attention to Unequal Pay

Most employers know that they cannot discriminate on the basis of sex by paying lower wages to the opposite sex for equal work. But what is considered “equal work” can be challenging for employers, especially for those who...more

New Complaint Highlights Continuing Battle over Pay Disparity by Gender in Sports

On March 31, 2016, came word that members of the U.S. National Women’s Soccer Team are filing a discrimination complaint against the U.S. Soccer Federation on the grounds that they are paid less than their male...more

USC Responds to Football Coach’s Claims that Termination Was Discriminatory

In October of last year, I wrote in this space about how the firing of Steve Sarkisian as head football coach by the University of Southern California (“USC”) may raise legal issues related to the Americans with Disabilities...more

Stalking: From Adele to Andrews

Under the Protection from Abuse Act, abuse is defined as... The occurrence of … the following [act] between family or household members, sexual or intimate partners or persons who share biological parenthood: knowingly...more

“Mattress Performance” Title IX Lawsuit Against Columbia Is Dismissed

Last May, a former Columbia University student sued the university over the circumstances around Emma Sulkowicz’s widely publicized “Mattress Project,” in which Sulkowicz vowed to carry a mattress around campus so long as the...more

The battle between children’s right to privacy vs. publisher’s freedom of expression

In the battle between protecting children’s right to privacy and allowing publishers to exercise their freedom of expression, recent case law has seen children’s rights triumph....more

NJ High Court Declines to Review “Borgata Babes” Case, Effectively Doubling Down on Appellate Court’s Acceptance of Atlantic City...

The BorgataBabes Are Subject to Specific Personal Appearance Standards - The Borgata, which when it opened in 2003, marketed itself as Atlantic City’s first Las Vegas-style resort and distinguished itself in the...more

The Door Is Open To Disparaging Trademarks

Federal Circuit Rules § 2(A) of tThe Lanham Act Unconstitutional - Refusal to Register Disparaging Marks Held Unconstitutional - On December 22, 2015, the Federal Circuit in In re Simon Shiao Tam ruled that Section...more

Interest Groups Support NCAA’s Anti-Felon Policy on Appeal

Recently, three interest groups filed an amicus brief to support the National Collegiate Athletic Association’s (“NCAA”) policy that bars anyone who has been convicted of a felony from coaching in NCAA-certified high school...more

College Basketball Players Can Bring Sexual Orientation Claim Under Federal Law, And Why Employers Should Pay Attention

In the months since the EEOC’s landmark ruling in Baldwin v Foxx, the looming question has been: Would federal courts adopt the Commission’s position that claims of sexual orientation discrimination were cognizable under...more

Do I or Don't I?—Alcoholism and Accommodations in the Workplace

Any college football fan can attest that this has been quite the year for upsets. As interesting as the on-field action has been, we have seen increasing media attention and fan commentary focused on the action off the...more

Alcohol-Related Firing of USC Football Coach Raises ADA Concerns

On October 12, 2015, the University of Southern California (“USC”) fired Steve Sarkisian, USC’s head football coach. Sarkisian’s firing appears to be in response to two alcohol-related incidents and, therefore, may raise...more

Legally Blind Individual Sues the NBA Over Digital Barriers on Website

On November 6, a legally blind individual filed a complaint against the NBA, alleging a violation of the Americans with Disabilities Act and seeking a permanent injunction requiring the NBA to (i) implement corporate policies...more

Business Litigation Report - July 2015

Introduction - Issue preclusion is a familiar concept to most practicing attorneys. Under this doctrine, “later courts should honor the first actual decision of a matter that has been actually litigated.” Charles Alan...more

Missouri Declares It Unconscionable For NFL Commissioner to Arbitrate Employment Dispute

The Supreme Court of Missouri has issued two significant arbitration decisions in recent weeks, showing its willingness to sever any aspects of an arbitration agreement that it finds unconscionable (while enforcing the...more

Pregnant Dancers are Sexy and They Know It

In considering a motion for summary judgment that may have been written just so I could write about it, in Berry v. The Great American Dream, Inc. (No. 13-CV-3297-TWT), the Northern District of Georgia decided – once and for...more

CAS decision addresses fairness and justice in sports disciplinary cases

The Court of Arbitration for Sport (“CAS”) decision in Dirk de Ridder v International Sailing Federation, recently published in full, has outlined six propositions to ensure that the disciplinary procedures operated by...more

Court Affirms Three-Part Title IX Test Applies to High Schools

In a recent decision, Ollier v. Sweetwater Union High School District, the Ninth Circuit Court of Appeals upheld a trial court finding that a public school district intentionally discriminated and retaliated against female...more

Free Speech and Ron Burgundy: Lessons from Hunter v. CBS

A man applies to be a weather anchor. The station instead hires “younger attractive females.” The man then sues the station, alleging discrimination....more

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks -- December 19, 2013

Hunter v. CBS Broadcasting, Inc. - California Court of Appeal reverses denial of CBS’s anti-SLAPP motion to strike plaintiff’s gender and age discrimination claims, finding that selection of weather anchors is...more

A Low or Mid-Level Employee Can Create A Privileged Communication, But Cannot Waive The Privilege Once Created

Hedden v. Kean University, A-4999-12T2, decided by the New Jersey Appellate Division on October 24, 2013, provides a tutorial on the ability of low to mid level employees to create privileged attorney-client communications,...more

10 Questions About the Harassment Lawsuit Against Geno Auriemma

Yesterday, a security director for the NBA filed a lawsuit against USA Basketball, UConn Women’s Basketball Coach Geno Auriemma, and the NBA. It is just that — a complaint — nothing more and nothing less. Yet it is treated...more

TV Writers and Proskauer Client CAA Reach Preliminary Agreement to Settle

Creative Artists Agency (CAA) and representatives of a class of television writers today announced the settlement of a case alleging age discrimination in the representation of television writers. The case was the last...more

THE LAW OF UNINTENDED CONSEQUENCES

SUPER INJUNCTIONS, TWITTER, THE PERCEIVED IMPOTENCE OF THE ENGLISH COURTS IN THE U.S. AND SCOTLAND, CRISES IN THE CONSTITUTIONAL SETTLEMENT..... Every day sees a new twist in the ongoing media driven frenzy. For once, this...more

Scheier v. City of Snohomish, et al.

Order Denying Defendants' Motion for Summary Judgment

This was a civil rights case where a photographer who was detained for photographing power lines near a power-station brought claims based on her detention and arrest. Defendants moved for summary judgment based on qualified...more

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