News & Analysis as of

IBM Employer Liability Issues

Orrick, Herrington & Sutcliffe LLP

Missouri Attorney General Sues IBM Over its DEI Practices: How Companies Can Prepare for the Next Round of DEI Litigation

Within weeks of the Supreme Court’s decision striking down affirmative action in college admissions last year, Republican attorneys general for 13 states sent a letter to Fortune 100 CEOs condemning their DEI initiatives in...more

Seyfarth Shaw LLP

New York Federal Court Finds That A Common Policy Or Plan Is Still Critical To ADEA Collective Actions

Seyfarth Shaw LLP on

Seyfarth Synopsis: In Rusis, et al. v. Int’l Bus. Machines Corp., No. 18 Civ. 8434, 2020 WL 1151322, at *2 (S.D.N.Y. Mar. 10, 2020), the U.S. District Court for the Southern District of New York recently declined to...more

Perkins Coie

New Biometrics Lawsuits Signal Potential Legal Risks in AI

Perkins Coie on

In the last week, a new type of BIPA case has emerged that should be of interest to companies involved in using, improving, and developing facial recognition and other artificial intelligence (AI) using photos. Companies that...more

Constangy, Brooks, Smith & Prophete, LLP

Is HR/Diversity Information A Trade Secret?

Why not? On February 12, IBM filed suit against its former Chief Diversity Officer, Lindsay-Rae McIntyre, for breach of her one-year noncompete provision. The lawsuit, filed in federal court in New York, claims that Ms....more

Williams Mullen

Using Consumer Reports for Hiring Decisions Creates Unanticipated Litigation Risk for Employers

Williams Mullen on

When employers obtain a consumer report for employment purposes, §1681b(b)(3)(A) of the Fair Credit Reporting Act (the “FCRA”) requires issuance of a pre-adverse action notice to the subject of the report (the “consumer”) if...more

Akerman LLP - HR Defense

Second Circuit Confirms That Providing “Effective” Reasonable Accommodation Sufficient Under ADA and NYS Law

In Noll v. Int’l Bus. Machs. Corp., 13-cv-4096 (2d Cir May 21, 2015), the Second Circuit Court of Appeals addressed the extent to which, under the ADA and New York State law, an employee must be provided with the precise...more

Pullman & Comley, LLC

Connecticut Court Declines To Open New Door To Coverage In Data Breach Cases

Pullman & Comley, LLC on

Massive data breaches, now commonplace, often prompt alarm. But the danger they represent — unauthorized use of confidential information — does not always follow straightforwardly. ...more

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