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Can You Discriminate Against a Company's Race? Fourth Circuit Says Yes, Grants Standing to Sue for Racial Discrimination

Owners, contractors and other recipients of federal funds be aware: when construction or other federally-funded contracts sour, not only can contracting parties file lawsuits claiming breach of contract, but if the...more

Five Holiday Season Tips for Retail Landlords

The holiday season brings many desirable things to a retail center: a fresh holiday look, a sense of excitement and anticipation, and most importantly — more traffic and customers. Along with these benefits, the holidays also...more

Hobby Lobby: Just a Start

As a trial lawyer, I rarely pay much attention to dissenting opinions. They do not serve as meaningful precedent, and they tend only to express the loser’s frustrated perspective. But Justice Ginsburg’s dissent in the Supreme...more

The CFPB Eyes Supervisory Regulation Over Large Auto-Lenders

Large auto-lenders may soon have to contend with a new regulator. In its most recent semi-annual report, the Consumer Financial Protection Bureau (“CFPB”) highlighted its intent to promulgate a new rule which would subject...more

50 for 50: Five Decades of the Most Important Discrimination Law Developments: Number 1: Title VII Is Constitutional

Number 1: Title VII Is Constitutional - In 1926, James “Ollie” McClung opened a barbecue restaurant in Birmingham, Alabama. It’s hard to imagine that Ollie could have had any idea how famous (or infamous) his...more

Fourth Circuit Holds Minority-Owned Corporation Can Bring Race Discrimination Suit

The United States Court of Appeals for the Fourth Circuit recently decided in a case of first impression, that a minority-owned corporation had standing to bring a Title VI race discrimination suit because it established an...more

California Employment Law Notes - January 2014

TV Station's Failure To Hire Weather News Anchor Was Protected By Free Speech Rights - Hunter v. CBS Broadcasting, Inc., 221 Cal. App. 4th 1510 (2013) - Kyle Hunter sued CBS Broadcasting for age and gender...more

The Supreme Court to Hear Hobby Lobby Case: What does it mean for Title VII?

The Supreme Court announced last week that it will hear two cases in which for-profit businesses are challenging the Affordable Care Act’s (“ACA”) “contraceptive mandate” on freedom of religion grounds. The key issue before...more

Taking Stock of Business and Human Rights in the United States

This week, members of the United Nations (“U.N.”) Working Group on Human Rights and Transnational Corporations are making an official visit to the United States as part of the Group’s mandate to promote the effective...more

Employment Flash - February 2013

In This Issue: - Ohio Supreme Court Reverses Decision on Surviving Merger Entity’s Ability to Enforce Noncompetition Agreements - “Sweet” Decision for California Employers: Court Approves Time Rounding in Case...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

Nat'l Assoc. of Optometrists & Opticians v Harris

Brief Of Amici Curiae Opticians Association Of America; CATO Institute; Kevin H. Tran, O.D.; Jessica Rachel Totten, O.D.; Antonio...

The National Association of Optometrists & Opticians represents eyewear manufacturers and distributors in California, where state officials have been myopic with respect to business regulation. Under California's Business and...more

Croatian Employment Law in Brief

Since its declaration of independence in 1991, which precipitated the dissolution of Yugoslavia, Croatia has had a difficult path transitioning to a market economy. Now, Croatia is set to become the newest member of the...more

Elane Photography v. Willock

Motion For Leave To File Brief Of Amici Curiae - The CATO Institute, Prof. Dale Carpenter, And Prof. Eugene Volokh

Elane Photography, a Christian-identified business in Albuquerque, declined to photograph Vanessa Willock's same-sex commitment ceremony based on the business owners' personal beliefs. New Mexico law prohibits any refusal to...more

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks - October 25, 2012

Table of Contents: - Claybrook v. American Broadcasting Company: District court dismisses putative class action alleging racial discrimination in casting of shows The Bachelor and The Bachelorette, holding that...more

California Employment Law Notes - September 2012

In This Issue: - Desperate Housewife's Wrongful Termination Claim Should Have Been Dismissed: Touchstone Television Prods. v. Superior Court, 208 Cal. App. 4th 676 (2012) - Post-Employment Non-Compete Covenant...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

Things to Consider Before Hiring Employees in Brazil

As the United States battles high unemployment rates amidst announcements of massive layoffs by the country’s largest employers, Brazil is experiencing the lowest unemployment rate in its history. The second largest country...more

Corboy v. Louie

Brief Amicus Curiae Of Pacific Legal Foundation, CATO Institute, et al., In Support Of Petitioners

Hawaii continues to think that it's not quite part of the United States and thus not fully subject to U.S. law. In the 2000 case of Rice v. Cayetano, the Supreme Court struck down race-based voting requirements for certain...more

English Supreme Court Champions Party Autonomy in Arbitration

The often-cited list of advantages of arbitration includes economy, speed, procedural flexibility, the ability to choose arbitrators, the neutrality of the process and cross border enforcement of awards. While parties with...more

Stop Foreclosure Automatically Using the Power of Chapter 13

How to Automatically Save Your Home From Foreclosure When the Bank Won't Work with You or Modify Your Loan. ...more

La manovra Aifa di taglio dei prezzi di rimborso sui farmaci off-patent di fascia "A" (Aprile 2011)

Si allega un breve commento alla recente decisione dell’Aifa di procedere al taglio dei prezzi di rimborso dei farmaci off-patent di fascia “A”. L’Aifa ha ottemperato a un dovere d’ufficio...more

Federal Court Grants Preliminary Injunction Against Colorado’s Reporting Regime

On January 26, 2011, a U.S. District Court granted the Direct Marketing Association’s (DMA) motion for a preliminary injunction preventing the state of Colorado from enforcing its recently enacted sales tax notice and...more

California Employment Lawyers Have An Arsenal of Laws to Help Laid Off Employees Seek Damages and Severance Packages

California Employment Attorneys have a great number of tools at their disposal to win damages for clients who have been discriminated against. What few labor lawyers realize, however, is how these tools can also be used to...more

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