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California Court of Appeal Holds Employer Cannot Shorten Statute of Limitation on California Discrimination and Retaliation Claims

Can employers enter into binding agreements with employees to shorten the statute of limitations on discrimination and other employment claims? A California Court of Appeal decision answered that question with a resounding...more

Would Texas Law Support Disgorgement of Payments When Plaintiff’s Daughter Makes Comments On Facebook?

In a case that received national attention, on February 26, 2014, a Florida District Court of Appeal held that a plaintiff’s comments to his daughter regarding a settlement with his former employer and his daughter’s...more

Not Settling for Less: The EEOC’s Latest Challenge to Employee Releases

The Equal Employment Opportunity Commission (“EEOC”) recently filed a “pattern or practice” lawsuit against CVS Pharmacy, Inc., alleging that CVS uses an “overbroad, misleading and unenforceable Separation Agreement” that...more

Important Changes to UK Employment Law Take Effect

New Employment Tribunal rules, new provisions on pre-termination negotiations, and changes regarding collective redundancy consultation apply from 29 July. On 29 July, key changes to UK employment law came into force....more

EEOC Files Suit Against Book Distributor For Overbroad Severance Agreement Language

Just weeks after settling its first ever Genetic Information Nondiscrimination Act (“GINA”) discrimination lawsuit and filing its first ever class action lawsuit under GINA, the Equal Employment Opportunity Commission (EEOC)...more

Discrimination In California Business Establishments: The Unruh Act

While you’d be hard pressed to find a California lawyer who doesn’t know that discrimination against business patron is unlawful, many are not familiar with the California law barring such discrimination – the Unruh Act....more

Supreme Court Ups the Bar for Class Action Lawsuits

Supreme Court Ups the Bar for Class Action Lawsuits by Christine M. Vanek on May 7, 2013 The U.S. Supreme Court’s decision in Comcast Corp. v. Behrend will likely help businesses defend employment, anti-trust, consumer...more

Be Prepared: New Commercial Lease Disclosure Requirements Under California Disability Access Laws Take Effect July 1, 2013

In the fall of 2012, California Governor Jerry Brown signed Senate Bill 1186 (SB 1186). Among other things, SB 1186 reforms California’s disability access laws by: (1) banning pre-lawsuit letters from lawyers demanding money;...more

American Samoa Government and EEOC Settle Age Discrimination Suit

U.S. Territory Will Provide Anti-Discrimination Training & Relief, Settling the Federal Agency's First Lawsuit in American Samoa - PAGO PAGO, American Samoa - The U.S. Equal Employment Opportunity Commission (EEOC) today...more

California Property and Business Owners Gain Protection from Predatory ADA Lawsuits

California business owners gained new protection against expensive, predatory lawsuits involving disability access laws last week as Gov. Jerry Brown signed into law Senate Bill 1186. It became effective September 19, 2012....more

DOJ Settles 'Pattern or Practice' Fair Lending Case

The Department of Justice's "pattern or practice" fair lending lawsuit against GFI Mortgage Bankers, Inc., has resulted in a settlement that requires GFI to pay a total of $3.555 million, consisting of $3.5 million in...more

Superior Court of New Jersey Slashes Attorneys' Fees in Class Action Settlement

In Storch v. Five Guys Enterprises, LLC and FG Madison, LLC, the New Jersey Superior Court found that counsel fees of $50,000 plus approximately $500 in costs were fair and reasonable under the applicable standards as applied...more

HUD Proposal Would Impose “Disparate Impact” Regulation on Property Insurance

Originally published in Washington Legal Foundation, Legal Backgrounder, Vol. 27 No. 11 on June 8, 2012. The U.S Department of Housing and Urban Development (HUD) has proposed a Fair Housing Act rule that would increase...more

Comment On Case: Ceglia v. Zuckerberg and Facebook, Inc. (Diversity of Citizenship)

In the case of Ceglia v. Zuckerberg and Facebook Inc., the plaintiff, Paul D. Ceglia avers that he is a resident of the State of New York and that Mark Elliot Zuckerberg, CEO of Facebook, Incorporated, is a resident of...more

Lottery Pool Members Win Big: Jury Divides Winnings in Absence of Written Agreement

Several members of a New Jersey “lottery pool” won big when a jury recently awarded them $20 million. The co-workers played the lottery as a pool and filed a lawsuit after they belatedly discovered the winning member hid that...more

Fourth Circuit Finds Allegations of Discriminatory Severance Package Sufficient to State a Claim Under Title VII

On March 16th, the Fourth Circuit Court of Appeals reversed the dismissal of a woman’s claim that she was discriminated against because she was offered a less favorable severance package than that previously offered to men in...more

Fundamentos Anteproyecto Código Civil 2012

Anteproyecto Código Civil 2012 Argentina

Fundamentos del anteproyecto....more

Weekly Law Resume - March 22, 2012: ADA Plaintiff Subject to Breach of Contract Claim For Suing a Business Owner a Second Time

Thomas Mundy v. Laura D. Lenc Court of Appeal, Second Appellate District (February 29, 2012) Plaintiff Thomas Mundy is confined to a wheelchair. In June 2009, he went to a bar owned by Laura Lenc and could not use the...more

On Notice - March 2012

In This Issue: - Springboard injunctions Two recent cases have considered the use of so-called "springboard injunctions" to prevent parties from obtaining an unfair (or springboard) advantage in the market through...more

K&L Gates Files Federal Pro Bono Action to Challenge Foreclosure Rescue Scheme

On March 6, 2012, K&L Gates LLP filed a federal lawsuit challenging an allegedly discriminatory and otherwise unlawful foreclosure rescue scam targeted to Hispanic homeowners in Northern Virginia. The National and Washington...more

New California Employment Laws in 2012

Now that the new year is upon us, it is important for employers to be aware of the numerous new California laws in the employment area that will impact their operations. Unless otherwise noted, the laws listed below are...more

Pennsylvania Court Finds Employee Handbook Creates Contract, Upholds $187.6 Million Award

The year 2011 saw a number of employee-friendly changes to the laws governing the workplace. The U.S. Supreme Court expanded the scope of retaliation claims under Title VII and under the Fair Labor Standards Act. The Equal...more

Fenwick Employment Brief - December 14, 2011

In this issue: Employee's Alcoholism Does not Rise to the Level of an ADA Disability, Leading to Dismissal of Claims; Court Refuses to Enforce Arbitration Agreement for Lack of Consent; $2.1 Million Judgement in Washington...more

Court Rules Plaintiffs’ Attorneys Entitled to More Than Just Contingency Fee After Jury Awards Nominal Damages

Suppose you just defended against a discrimination and harassment lawsuit by two former female employees. The jury found that discrimination and harassment had occurred. But the jury awarded one employee only $1600 in...more

Developments in Supreme Court Jurisprudence: The Court’s AT&T Decision and the Second Circuit’s Treatment of Stolt-Nielsen

After deciding four arbitration cases during the previous term, the United States Supreme Court decided only one case regarding arbitration during its 2010 term (commencing in October 2010 and extending until June 2011)—but...more

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