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A Startup Attorney’s Tips to Advance Private Company Diversity

One of the biggest contributors to a lack of corporate diversity is the size of a company. And the problems are often traceable to the company’s leanest, earliest days. One of my key messages to clients is that it’s never too...more

U.S. Supreme Court Passes On Opportunity To Address Scope of Dodd-Frank “Whistleblower” Provision

On Monday, March 20, 2017, the U.S. Supreme Court denied a Petition for Writ of Certiorari in Verble v. Morgan Stanley Smith Barney, LLC. (No. 16-946), thereby declining an opportunity to resolve a conflict amongst circuit...more

A Divided Ninth Circuit Extends Dodd-Frank's Anti-Retaliation Protection for Whistleblowers

Without a bright line requirement of an SEC contact to trigger whistleblower status, employers may not learn until after termination that an employee claims to be a whistleblower. Employees often raise internal questions,...more

Where Was the Whistle Blown? Split in Circuits over Retaliation Protection for Reporting Securities Violations

If you report your company for a federal securities violation, just how safe is your job? Curiously, that may depend on where you live. Recently, the Ninth Circuit weighed in, adding to a split among courts across the country...more

Circuit Split on Whistleblower Protections Widens

On March 8, 2017, a divided panel of the Ninth Circuit issued an opinion in Somers v. Digital Realty Trust Inc. that further widened a circuit split on the issue of whether the anti-retaliation provisions in the Dodd-Frank...more

Food and Beverage Law Update: March 2017

Legalized Drug Use Impacts the Food and Beverage Industry - In the November 2016 general election, voters in Arkansas, Florida and North Dakota amended their state constitutions to authorize the use of marijuana for...more

Managing the Employment Relationship in Ontario

What state-specific laws govern the employment relationship? The Employment Standards Act, 2000, sets out most of the minimum employment standards for provincially regulated workplaces in Ontario....more

Single-User Restrooms in California Must Be Designated As All-Gender

Effective March 1, 2017, under a new law known the Equal Restroom Access Act, California businesses that have single-user restrooms are required to designate such restrooms as all-gender and must post appropriate accessible...more

Retail Practice Alert - March 2017: Developments in Website Access Litigation and New Focus for Plaintiff's Bar—Is Your In-Store...

Retailers facing Americans with Disabilities Act (“ADA”) claims may be out of frying pan, but into the fire in light of recent developments. Out of the Frying Pan: Gomez v. Bang & Olufsen America, Inc., No. 16-cv-23801...more

SEC Claws Back Award for Dawdling Whistleblower, as Feds Signal Changes in Award Eligibility

Seyfarth Synopsis: Last week, the Securities and Exchange Commission released an Order Determining Whistleblower Award Claim holding that the whistleblower’s award should be reduced to 20% of the monetary sanctions collected...more

Ninth Circuit Decides in Favor of Expanded Whistleblower Protections

In Somers v. Digital Realty, the Ninth Circuit joins the Second Circuit in holding that whistleblower protections apply to individuals who report securities violations internally, not just to those who report to the...more

Five Wage and Hour Questions: What’s “In Store” For 2017?

Seyfarth Synopsis: With the new administration and new year well underway, retail employers may be wondering what’s next for likely litigation and legislation impacting their business. Below are thoughts about five questions...more

New Law Requires Gender Neutral Restrooms

Existing law requires a businesses that serve the public or are open to the public and maintain toilet facilities to make those facilities available to the public free of charge. Existing law also states that publicly and...more

California District Court Addresses Whistleblower’s Self-Help

In Erhart v. BofI Holding, Inc., Case No. 15-cv-02287, (S.D. Cal. Feb. 14, 2017), a bank’s internal auditor reported alleged misconduct to federal agencies, engaged in self-help discovery by appropriating the bank’s...more

Trio of Bills Would Impose Human Trafficking Obligations on Lodging Industry

A trio of bills introduced recently in the California Legislature seek to involve the lodging industry in efforts to combat human trafficking. Assembly Bill 260 by Assemblymember Miguel Santiago (D-Los Angeles) would...more

Texas Bankers and Nebraska Retailer Fight Back Against “Troll-Like” ADA Title III Website Accessibility Litigation

Seyfarth Synopsis: Retailer and Texas bankers go on the offense in response to ADA Title III lawsuits and demand letters. Hundreds, possibly thousands, of banks, retailers, and other businesses have received demand...more

Are Your Commercial Lease Forms ADA Compliant?

A commercial property owner must now provide the tenant with a current disability access inspection certificate and inspection report or a copy of a CASp inspection report, if such a report has been issued which indicates...more

Bank Whistleblower Suits Highlight Limits of Employee Confidentiality Agreements

Employers increasingly face the difficult scenario of employees who misappropriate company data in the pursuit of whistleblower claims alleging misconduct by the employer. Such cases can present a complex mix of regulatory,...more

Harassment May be Near an Inflection Point — But Still Much Work to Do

"It’s entirely possible that incidents of sexual harassment will increase — harassers may now believe they can act without consequences. At the same time, victims now may be more fearful of reporting the harassment because of...more

The Ascendency of Accessibility: Surge in Website Lawsuits Continues

The proliferation of accessibility lawsuits under Title III of the Americans with Disabilities Act (ADA) has not abated. It is well-documented that ADA-related litigation increased by 37% from 2015 to 2016, which is...more

Website Accessibility

Website accessibility continues to be a hot topic. Hundreds of businesses throughout the country have been sued in the past few years for failing to have accessible websites. Retail businesses have been the primary target;...more

Four Hot Labor and Employment Issues in Automotive for 2017 - Part 1

It hasn’t taken long, and if there was ever any wonder, it’s been put to rest. In the first weeks of the Trump administration we’ve seen wide-reaching philosophical shifts. But how will those shifts impact labor and...more

Advancing Human Rights Claims Based on Global Supply Chain Activities: Recent Developments in California and Canada

Courts in California and Canada have emerged as testing grounds for advancing claims of forced labor in global supply chains.  The plaintiffs’ approach is to make companies more accountable to “soft law” norms like the UN...more

Online Businesses Beware: Website Accessibility Claims Are on the Rise

Online businesses, including financial institutions, banks, and retailers, have faced a wave of demand letters and lawsuits alleging that their websites are inaccessible to the visually impaired and/or hearing impaired in...more

Corporate News - February 2017

A monthly newsletter covering topics of interest in the field of UK corporate law including mergers and acquisitions, listed companies, equity capital markets, corporate governance and general company law. Please see...more

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