Burden-Shifting

Airline Management Newsletter - March 2013

by Lilia Bell, Linda Cavanna-Wilk, Doug Hall, Sarah Pierce Wimberly | FordHarrison on 3/29/2013

In This Issue: - NMB Announces Voting Procedures Changes - Second Circuit Weighs In On AIR21 Burden-Shifting Framework - DOL Issues Final FMLA Crewmember Regulations ..Flight Crew Eligibility Standards ...more

Second Circuit “Clarifies” SOX Burden-Shifting Framework

by Lloyd B. Chinn, Harris M. Mufson, Daniel Saperstein | Proskauer - Whistleblowing & Retaliation on 3/7/2013

On March 5, 2013, the U.S. Court of Appeals for the Second Circuit “clarified” the burden-shifting framework for whistleblower claims brought under Section 806 of the Sarbanes-Oxley Act of 2002 (“SOX”), 18 U.S.C. § 1514A....more

Raising the Bar: HUD Issues New Rule Imposing More Demanding Standard for Defending Against Discrimination Claims Under the Fair...

by Bryan Merryman, Owen Pell, Gregory Starner, Duane D. Wall | White & Case LLP on 3/7/2013

The Department of Housing and Urban Development (HUD) recently issued a new rule to formalize a national standard for determining whether a housing practice violates the Fair Housing Act (FHA) as the result of a...more

HUD's Final Rule on Fair Housing Act Liability Explained in New Dechert OnPoint

by Laurie Nelson | Dechert LLP on 2/22/2013

February has certainly been a big month for federal agencies to issue long-awaited final rules. The latest agency to throw its hat into the ring is the U.S. Department of Housing and Urban Development, which recently codified...more

U.S. Department of Housing and Urban Development Issues Final Rule Affirming Use of Disparate Impact to Establish Liability for...

by Patrick D. Dolan, Robert H. Ledig, Ralph R. Mazzeo, Thomas P. Vartanian | Dechert LLP on 2/15/2013

The U.S. Department of Housing and Urban Development (“HUD”) issued a final rule (“Rule”) on February 8, 2013, which provides additional support to potential government and private plaintiffs seeking to challenge “facially...more

HUD Issues Aggressive New Fair Housing Rule

by Michael J. Agoglia, Wendy Garbers, Angela Kleine, Thomas J. Noto | Morrison & Foerster LLP on 2/13/2013

The U.S. Department of Housing and Urban Development (“HUD”) has finally issued its much-debated disparate impact rule. HUD argues that the rule — which it plans to apply retroactively — is simply a codification of its...more

Patent Watch: OSRAM Sylvania, Inc. v. Am. Induction Techs., Inc.

by Lawrence M. Sung | BakerHostetler on 12/18/2012

[W]e have emphatically rejected any formal burden-shifting framework in evaluating the four Graham factors [including the objective considerations of nonobviousness]. The district court's failure to consider the evidence...more

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