News & Analysis as of

Africa Update - November 2015 #3

Leading the News - Egypt: On November 12th, officials at the U.S. National Transportation Safety Board (NTSB) and the Federal Bureau of Investigation (FBI) noted while they had offered assistance to both Egyptian...more

Consent Decree Sheds Light on the EEOC’s Interpretation of its Background Check Guidance

On September 8, 2015, BMW Manufacturing Co., LLC and the U.S. Equal Employment Opportunity Commission (EEOC) entered into a consent decree ending the EEOC’s disparate impact lawsuit over BMW’s use of criminal background...more

Compliance at the Tipping Point, Part V – Protection Afforded From a Compliance Program

Today, I wrap up my series on why I think compliance is at the Tipping Point. However as it is a Friday in October, I continue my tribute to the Man in the Shadows, producer Val Lewton, whose films for RKO had some of the...more

Compliance at the Tipping Point, Part III – The VW Emissions-Testing Scandal

I continue my series on why I believe that compliance is at the ‘Tipping Point’ with a discussion of the Volkswagen (VW) emissions-testing scandal and its effect on the greater compliance world. Myself and many other...more

EEOC Criminal Background Check Cases Come With Big Price Tags for All Parties

One of the EEOC's top priorities has been ensuring individuals are not discriminated against based on their criminal histories. In recent years, it has filed multiple headline-grabbing lawsuits related to background checks...more

New Study Says ... Pace of Adopting Active Safety System Should Be Picked Up

Vehicle safety systems are experiencing a period of development unlike any in the history of the industry. While the 20th century focused on passive safety systems, such as crumple zones, seat belts, and airbags, these...more

Background Checks are Still Big Litigation Business—Just Ask BMW

Yet another reminder that everyone using criminal background checks in the hiring process needs to review their standards—BMW just entered a consent decree with the EEOC under which it will pay $1.6 million and offer to hire...more

EEOC Settles Background Check Litigation with BMW, But Also Faces Steep Attorneys’ Fees in Freeman Case

After several high-profile setbacks in disparate impact discrimination lawsuits challenging criminal record screening policies, the EEOC has entered into a settlement (consent decree) in one of its few remaining cases, a...more

The Background Check Conundrum: “Manufacturing” a Problem (Pun Intended)

I am a longtime advocate of pre-employment criminal background checks. So I have watched with resigned acceptance as the EEOC, over 100 states and cities across the United States, and other public advocates have fought to...more

That is SO last week - September 2015 #2

Last week, Ellen Pao withdrew the appeal in her sex discrimination lawsuit against Kleiner Perkins. The Pao v. Kleiner Perkins trial captivated Silicon Valley as it sought to spotlight all-male company ski trips and double...more

EEOC Settles Background Check Suit with BMW, Leaves Employers Still Without Guidance

Earlier this week, it was announced that BMW Manufacturing Co. and the EEOC had entered into a Consent Decree, resolving one of three high profile suits over a company's use of background checks in the hire process that had...more

EEOC Loses One, Wins One

The EEOC had a roller coaster week with respect to its aggressive challenges to employers’ background check practices. On September 3, a federal district court in Maryland slapped the EEOC with an attorney’s fees...more

Holy Legal Fees, Batman!

The Equal Employment Opportunity Commission has been ordered to pay $938,771 in attorneys’ fees to Freeman after getting its clock cleaned in that lawsuit it filed over background checks and disparate impact based on race and...more

BMW Signs Consent Decree – Background Screening

BMW Manufacturing Co., LLC (“BMW”) entered into a consent decree with the Equal Employment Opportunity Commission (“EEOC”) regarding allegations that they discriminated against African American logistics employees through...more

BMW to Pay $1.6 Million and Offer Jobs to Settle Federal Race Discrimination Lawsuit

Company's Criminal Background Policy Disproportionately Affected African-American Logistics Workers, EEOC Charged - GREENVILLE, S.C. - The U.S. District Court for the District of South Carolina today entered a consent...more

Seventh Circuit Applies “Weak” Ascertainability Requirement, Splits From Third and Eleventh Circuits

A panel from the Seventh Circuit split from the Third and Eleventh Circuits and rejected what it described to be a “heightened” ascertainability requirement under Rule 23(b)(3). In Mullins v. Direct Digital, LLC, plaintiff...more

Self-Driving Cars - "IP Driving Acquisition"

As Chair of Foley & Lardner’s Electronics Practice Group, I recently published a LinkedIn article about news reports of a group of German auto companies including BMW, Audi and Daimler acquiring HERE Global (Nokia’s map...more

Mulling Mullins

The 7th Circuit's July 28th decision in Mullins v. Direct Digital, LLC has already created quite a stir. Plaintiffs' lawyers are citing it as the antidote to the 3rd Circuit's recent line of cases on the implied requirement...more

Auto manufacturers’ alliance create information sharing and analysis center for cyber-threats

Twelve automakers that make up the Alliance of Automobile Manufacturers (AAM) have agreed to form an information sharing and analysis center (Auto ISAC) that will facilitate the sharing of cyber security data to stay abreast...more

May 2015 Independent Contractor Compliance and Misclassification News Update

May 2015 was one of the busiest months for independent contractor (IC) misclassification cases in the courts and administrative agencies – no less than a dozen cases including such well-known companies as BMW, the NFL and...more

Best Practices for Employer Background Checks

There are many clear benefits in performing background checks, such as screening out candidates who give incomplete or inaccurate information on their application, or are not suitable for the job due to relevant criminal...more

Chicago's Technology Community Includes a Growing Automotive Technology and Research Sector

In recent years, Chicago has become a hot spot for technology companies. Established companies like Google and Motorola Mobility are expanding their footprint in Chicago, and growing companies work with incubators and...more

Recall Expands for Exploding Airbags

Defective Air Bags in Honda, Toyota, and Other Vehicles - Defective automobile parts can result in major car accidents, severe injuries and even death. The Japanese air bag manufacturer Takata, which produces air bags...more

Third Circuit Ascertainability Rulings Continue to Imperil Low-End Consumer Class Actions

It’s a pattern repeated in millions of households every day: you go to the grocery or the drug store, buy the items you need, and don’t bother to keep the receipt. You may throw the receipt away immediately, you may throw...more

Third Circuit Denies Rehearing En Banc in Closely Watched Class Action

The U.S. Court of Appeals for the Third Circuit has denied a petition for rehearing en banc in a small-dollar consumer product class action. Depending on one’s perspective, this highly anticipated ruling either enforces the...more

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