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Employment Law Navigator – Week in Review: September 2016 #2

Last week, as we learned that the CIA has invested in another Big Data analytics startup, new headlines and commentary addressed the dangers of hidden bias in technology. LinkedIn changed its search algorithm after the...more

You Should Know - May 2016

In This Issue: - Forced Injustice - Stacking the Deck - Sign the Petition - Excerpt from Businesses Use Loophole to Deny Day in Court: Injustice, Thy Name Is Forced Arbitration: Tia’s employment case...more

Five on Friday – Five Recent Developments that We’ve Been Watching Closely - May 2015

It’s Friday and time for another overview of developments in the field of business and human rights that we’ve been monitoring. This week’s post includes: new private and public initiatives on recruitment fees, including...more

The Importance of Job Descriptions

The importance of having accurate job descriptions for employees was illustrated by a recent case. In that case, the employee was let go by an employer after suffering a non-work related injury that the employer believed...more

FRANCHISOR 101: Wins, Losses & Lessons in Joint Employer Liability

As joint employer liability continues to develop, plaintiffs seeking deep pockets continue to claim, with some success, that franchisors are joint employers, responsible for actions of their franchisees' employees. In April,...more

Lawsuits Continue Against Central Virginia Regional Jail

Two federal lawsuits are proceeding against the Central Virginia Regional Jail for civil rights violations of inmates. One case is brought by the mother of an inmate who died in CVRJ custody allegedly due to lack of medical...more

Tax Court Holds Damages Not Attributable to Physical Injury

Section 104(a)(2) of the Internal Revenue Code provides an exclusion from gross income for damages received for physical personal injury or physical sickness. The statute further provides that emotional distress is not a...more

Alien Tort Case Development: Plaintiffs in Exxon Mobil Case Survive “Touch and Concern” Review

Earlier this month, the District Court for the District of Columbia denied Exxon Mobil’s motion to dismiss plaintiffs’ claims in Doe I v. Exxon Mobil, a case brought pursuant to the Alien Tort Statute (“ATS”). Plaintiffs...more

Plaintiff Seeks to Use Anti-Discrimination Law to Stop Fracking

On July 14, a complaint was filed in Sacramento County Superior Court against Governor Brown and the Division of Oil, Gas & Geothermal Resources (“DOGGR”) Supervisor Steve Bohlen.  The lawsuit claims Governor Brown and...more

Jury Awards Ex-Intern $18 million for Attacks by her CEO Boss

In recent headlines, private equity CEO, Benjamin Wey, was found liable for defaming, sexually harassing and retaliating against former New York Global Group Intern Hanna Bouveng. The jury awarded her $2 million in...more

Penn State Accused of Ignoring Fraternity Sexual Assault Claims

Earlier this week, a former Penn State student, James Vivenzio, filed a lawsuit accusing the institution of ignoring his complaints about sexual assault, hazing and drug use in violation of Title IX of the Education...more

Reflections on “Privacy in the Modern Age”

With the heart of the summer vacation season upon us, it seems like a good time for some reflection. Here, it comes in the form of excerpts from an essay by privacy maven, Deborah Hurley. The one time Director of the Harvard...more

Accused Student Sues Columbia University Over Mattress Case

It looks like the “mattress case” will not be going to bed anytime soon. On Thursday, April 23, 2015, Paul Nungesser, the accused student at the center of the internationally renowned “mattress case” (“Nungesser”)...more

US Supreme Court Ruling Impacts Jail Operations

On June 22, 2015, the United States Supreme Court issued an important decision for all North Carolina counties operating county jails in which individuals are held detainees awaiting trial. In Kingsley v. Hendrickson, No....more

Arizona Civil Verdicts 2014

Courage. Trial lawyers have lots of important traits and skills, and courage is at the top of the list. To be able to speak confidently to the jury who holds your client’s case in its hands, to tell that story in a way that...more

BB&K Police Bulletin: Arresting Armed, Mentally Ill Suspects

Officers May Have Immunity from Liability, Supreme Court Says - Overview: The United States Supreme Court found that two police officers were immune from liability under 42 U.S.C. section 1983 even if the officers failed...more

Institute of Sports Law and Ethics, Co-Founded by Manatt’s Ron Katz, Is Currently Active on Three Fronts: Deflategate, Homophobia...

The Institute of Sports Law and Ethics (ISLE) at Santa Clara University is currently active on three fronts: Deflategate, homophobia and safer soccer. Re Deflategate, Ron Katz, co-founder of ISLE, has been quoted extensively...more

Top franchise matters of 2014

DLA Piper IPT partners Barry Heller, John Verhey and John Hughes recently conducted a webinar reviewing 2014’s top franchise decisions. Three significant 2014 matters are summarized below. 1. In Patterson v. Domino’s...more

Wearable Tech in the Workplace, Version 2.0

Wearable technology or wearable tech is the latest craze in personal electronics. The phrase encompasses anything electronic that is worn by a user. It took center stage at the 2014 Consumer Electronics Show, and since then,...more

What is Excessive Force? Don’t ask the experts!

We are all very familiar with the recent incidents that occurred in Ferguson, Missouri and New York City. These two incidents brought to the national spotlight (yet again) the difficult, split-second decision making required...more

N.J. High Court Adopts Faragher-Ellerth Defense for LAD Sexual Harassment Claims

Last week, in Aguas v. New Jersey, No. A-35-13 (Feb. 11, 2015), New Jersey’s high court embraced the federal Faragher-Ellerth defense for claims alleging vicarious liability for supervisory sexual harassment under New...more

Claim Which Was Time-Barred From Continuing In The Employment Tribunal May Still Be Pursued In The High Court

In Nayif v The High Commission of Brunei Darussalam [2014] EWCA Civ 1521 the Court of Appeal allowed a personal injury claim to be pursued in the High Court, even though a discrimination claim based on the same facts was...more

New Jersey high court decision will reshape employer liability in sexual harassment cases

On February 11, 2015, the New Jersey Supreme Court issued a significant sexual harassment decision that offers something positive for both employers and employees. Employers will be happy that the Court has, after...more

NJ Supreme Court Considers Remittitur of Emotional Distress Award in Race Discrimination Case

The New Jersey Supreme Court has agreed to address whether a trial court erred in denying remittitur on a whopping $1.4 million award for emotional distress damages in a racial discrimination suit brought under the Law...more

Jan. 29 At Faruqi Sex Harassment Trial: Your Honor, Please Reconsider!

As expected, Law360 reported on Thursday that Plaintiff Alexandra Marchuk has asked Judge Alvin Hellerstein to reconsider his ruling that Nadeem Faruqi and Lubna Faruqi, co-founders of the New York law firm Faruqi & Faruqi,...more

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