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The Future is Here - Is the Internet a Place?

The California Supreme Court has certified a question for review posed by the Ninth Circuit – Is the internet a “place of public accommodation” as described in the California Disabled Persons Act (“DPA”), Civil Code §§ 54, et...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

A More Perfect Union: Why Punish Russia for Crimea? [Video]

Mar. 25, 2014 -- Robert Blecker, constitutional history professor at New York Law School and author of The Death of Punishment, talks about Crimea's recent secession from Ukraine and subsequent annexation by Russia. Blecker...more

End Game in the Fight Over Same Sex Marriage? [Video]

Mar. 1, 2014 -- New York Law School Professor Arthur Leonard talks about how the current round of litigation could be the beginning of the end of the legal battle to allow same sex couples to get married. Leonard also...more

Ninth Circuit Asks California Supreme Court to Decide in GLAD v. CNN Whether State Disabled Persons Act’s “Public Accommodations”...

Court Also Holds Failure to Closed-Caption Online Videos is Not Intentional Discrimination Under State Unruh Civil Rights Act, and that Website Decisions Whether to Caption Occur in Furtherance of First Amendment Rights Under...more

Classified Management Employee’s Misconduct Justified School District’s Termination of Employment, Despite Protected Speech

A school district classified management employee sought to overturn his dismissal from employment, which he alleged was in retaliation for engaging in protected speech. A California court of appeal held that, given the...more

Washington Supreme Court Holds That the WLAD Exemption for Non-Profit Religious Organizations is Unconstitutional as Applied to...

The Washington Supreme Court has significantly limited non-profit religious organizations’ immunity from employment discrimination claims brought under the Washington Law Against Discrimination (“WLAD”), RCW 49.60. In...more

Court Upholds New Jersey’s Ban on Unemployment Discrimination in Job Advertisements

New Jersey’s law prohibiting discrimination against the unemployed in job advertisements – the first of a new crop of similar state and municipal laws – is constitutional, according to a recent New Jersey appeals court...more

Trends in New Jersey Employment Law - February 2014

Appellate Division Roundup - In recent months, New Jersey's Appellate Division has rendered three significant employment law decisions. State v. Saavedra, No. A-1449-12T4, 2013 N.J. Super. LEXIS 185 (App. Div....more

Windsor and Hollingsworth: Shifting Tides in the Battle for Marriage Equality

Of all of the Supreme Court decisions in recent years, few have drawn more public interest (or outcry, depending on an individual’s political school of thought) than United States v. Windsor and Hollingsworth v. Perry and few...more

2013 Virginia Employment Law in Review

In anticipation of a new year, the following is a brief overview of selected notable employment-related cases in Virginia from 2013. These cases involve non-competition agreements, discrimination claims and bankruptcy issues....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

December 2013: Trial Practice Update - Ninth Circuit Appeal Raises Questions Whether Batson Forbids Sexual Orientation-Based...

Can you strike a prospective juror simply because he is gay? A small number of states, including California, prohibit peremptory challenges based on sexual orientation, but the issue is unsettled in most jurisdictions,...more

Supreme Court Hears Second Affirmative Action Case This Year

On October 15, only four months after the United States Supreme Court heard arguments regarding an affirmative action program for the University of Texas, the Supreme Court heard oral argument in Schuette v. Coalition to...more

Supreme Court Upholds Strict Scrutiny Standard In Affirmative Action

On June 24, 2013, the Supreme Court in Fisher v. University of Texas reaffirmed that the strict scrutiny standard of review applies when evaluating a university’s affirmative action admissions program. On these grounds, by a...more

U.S. Supreme Court Punts On Public Sector Age Discrimination Case

On October 15, the Supreme Court dismissed the writ of certiorari it granted in Madigan v. Levin as improvidently granted. We had mixed feelings about the case, as it had the potential to limit the relief available under...more

Supreme Court Decides Not To Decide Age Bias Circuit Split

This morning, on one of the first days of the 2013-2014 Term, the Supreme Court of the United States—as widely predicted—dismissed the writ of certiorari in an age discrimination case as improvidently granted. After hearing...more

The Supreme Court’s 2013-2014 Term

The Supreme Court’s 2013-2014 term opened yesterday. In this term, the Court will hear and decide a number of cases affecting employers, including two key cases focusing on labor-management relations. ...more

Manatt’s Amicus Briefs Help Protect LGBT Youth From Abusive “Gay Conversion” Therapy

In a highly publicized, published opinion, the Court of Appeals for the Ninth Circuit recently upheld California’s SB 1172, the first law in the United States to bar licensed mental health providers from treating patients...more

The U.S. Department of Justice and Department of Education Release New Information About Using Race in Higher Education

On September 27, 2013, the U.S. Department of Justice and Department of Education released a document entitled “Questions and Answers About Fisher v. University of Texas at Austin.” This is the first guidance released by...more

Group Homes Can Move Forward With Their Lawsuit Challenging an Ordinance that has the Practical Effect of Prohibiting Group Homes...

The United States Court of Appeals for the Ninth Circuit held that the district court erred in dismissing a lawsuit challenging a city ordinance that effectively banned group homes for alcoholics and drug users with an...more

Facebook “Like” Is Protected First Amendment Speech

I don’t often make predictions on legal outcomes, so when I do and I get it right, it’s worth sharing. In May, we talked about whether “liking” a candidate would constitute protected speech under the First Amendment. A...more

No Anti-SLAPP Protection For Statements To Coworkers

In Cho v. Chang, the California Court of Appeal, Second Appellate District held that an employee’s statements to coworkers about alleged discrimination were not protected activities triggering special protection under...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

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