David Schwartz on SCOTUS

Employers’ DEI Initiatives Are Likely To Be Targeted in the Second Trump Administration

Key Points - - Employers can expect their DEI programs to face resistance from both the federal government and private parties during President-elect Trump’s second term, emboldened in part by recent Supreme Court...more

1/20/2025 / Affirmative Action , Civil Rights Act , Diversity , Diversity and Inclusion Standards (D&I) , Employer Liability Issues , Employment Discrimination , Employment Litigation , Equal Employment Opportunity Commission (EEOC) , Executive Orders , Race Discrimination , SCOTUS , Title VII , Trump Administration

Insights - September 2024

In this edition of Insights, we take a closer look at the megadeals and sponsor transactions driving recent M&A activity, the importance of staying ahead of the risks in AI development and deployment, and other diverse...more

FAQs About the Set-Aside of the FTC’s Ban on Noncompetes

In Ryan LLC v. Federal Trade Commission, the Federal Trade Commission’s (FTC’s) final noncompete rule was held to be “unlawful and set aside” by Judge Ada Brown of the U.S. District Court for the Northern District of Texas....more

9/26/2024 / Corporate Counsel , Employer Liability Issues , Employment Contract , Employment Litigation , Enforcement Actions , Federal Bans , Federal Trade Commission (FTC) , Final Rules , Labor Regulations , Loper Bright Enterprises v Raimondo , Non-Compete Agreements , SCOTUS , Texas

Supreme Court Lowers the Bar for Title VII Employment Claims

Title VII of the Civil Rights Act requires employees alleging employment discrimination to show they suffered an adverse employment action as a result of their membership in a protected class....more

6/27/2024 / Adverse Employment Action , Civil Rights Act , Discrimination , Diversity and Inclusion Standards (D&I) , Employee Transfers , Employer Liability Issues , Employment Discrimination , Employment Litigation , Gender Discrimination , Hiring & Firing , Lateral Transfers , Muldrow v City of St Louis , SCOTUS , Sex Discrimination , Title VII

NLRB Must Satisfy Traditional Preliminary Injunction Standards To Secure Section 10(j) Relief Against an Employer Pending...

In Starbucks Corp. v. McKinney, the U.S. Supreme Court held that the National Labor Relations Board (NLRB) must satisfy the traditional preliminary injunction standard established in Winter v. Natural Resources Defense...more

6/17/2024 / Federal Labor Laws , NLRA , NLRB , Preliminary Injunctions , SCOTUS , Starbucks , Starbucks Corp. v McKinney , Termination , Unfair Labor Practices , Unions

Employment Flash - March 2024

In this issue of Employment Flash: the new DOL rule on independent contractors, SCOTUS’s unanimous Sarbanes-Oxley whistleblower ruling, plus labor law developments in California, Delaware, D.C., New York, the EU, Germany and...more

2024 Insights: ESG

The Supreme Court’s Affirmative Action Opinion Continues To Spawn Challenges to DEI Programs - Businesses can expect continued challenges to DEI programs, as emboldened opponents to these programs seek to expand the reach...more

The Supreme Court’s Affirmative Action Opinion Continues To Spawn Challenges to DEI Programs

Key Points - - In the wake of the Supreme Court’s decision in Students for Fair Admissions, challenges to DEI initiatives have focused on programs that facially appear to provide a zero-sum advantage based on protected...more

12/13/2023 / Affirmative Action , Class Action , College Admissions , Diversity , Diversity and Inclusion Standards (D&I) , Educational Institutions , Equal Employment Opportunity Commission (EEOC) , LGBTQ , NASCAR , SCOTUS , Securities and Exchange Commission (SEC) , Securities Litigation , Students for Fair Admissions v Harvard College , Students for Fair Admissions v University of North Carolina

Employment Flash - November 2023

...NLRB Issues Final Rule on ‘Joint Employer’ Standard On - October 26, 2023, the National Labor Relations Board (NLRB) issued a final rule titled “Standard for Determining Joint Employer Status,” which rescinds and...more

11/16/2023 / Americans with Disabilities Act (ADA) , Anti-Discrimination Policies , Artificial Intelligence , Automated Decision Systems (ADS) , Bias , Biden Administration , Breach of Contract , CA Supreme Court , City of New York , Collective Bargaining , Diversity , Earned Sick and Safe Time Act , Employment Policies , Equal Employment Opportunity Commission (EEOC) , Equal Pay , Executive Orders , Final Rules , French Language Requirements , Governor Newsom , Joint Employers , New Guidance , NLRA , NLRB , Non-Compete Agreements , Notice Requirements , Paid Sick Leave , Penalties , Pregnant Workers Fairness Act , Private Attorneys General Act (PAGA) , Proposed Regulation , Reasonable Accommodation , Reporting Requirements , Restructuring , Retaliation , SCOTUS , Surveillance , Venture Capital

Corporate DEI Policies Face Scrutiny Following SCOTUS Affirmative Action Decision

The U.S. Supreme Court struck down race-based affirmative action in higher education in June 2023, effectively foreclosing the consideration of race in and of itself in that context. Although the Court’s decision was...more

9/21/2023 / Affirmative Action , Civil Rights Act , Diversity and Inclusion Standards (D&I) , Equal Employment Opportunity Commission (EEOC) , Equal Protection , Policies and Procedures , Putative Class Actions , Race Discrimination , SCOTUS , Sex Discrimination , Students for Fair Admissions v Harvard College , Students for Fair Admissions v University of North Carolina , Title VI

Potential Private Sector Implications of the Supreme Court's Affirmative Action Ruling

The U.S. Supreme Court’s landmark decision in the cases Students for Fair Admissions, Inc. v. President and Fellows of Harvard College and Students for Fair Admissions, Inc. v. University of North Carolina upended prior...more

Employment Flash - July 2020

This edition of Employment Flash summarizes key employment law issues related to COVID-19 as well as two seminal U.S. Supreme Court rulings that protect gay and transgender employees from discrimination, and clarify the...more

7/20/2020 / Adverse Employment Action , Age Discrimination , Appeals , Ballots , Business Closures , CARES Act , Certification Requirements , City of Los Angeles , Civil Rights Act , Contact Tracing , Coronavirus/COVID-19 , Delivery Drivers , Department of Labor (DOL) , Emergency Orders , Employee Privacy Rights , Employee Retention , Employee Rights , Equal Employment Opportunity Commission (EEOC) , Fair Credit Reporting Act (FCRA) , Families First Coronavirus Response Act (FFCRA) , Family and Medical Leave Act (FMLA) , Foreign Workers , France , Hiring & Firing , Independent Contractors , International Labor Laws , LGBTQ , Local Ordinance , Misclassification , NLRB , Notice Requirements , Over-Time , Paid Family Leave Law , Posting Requirements , Re-Opening Guidelines , Rehiring Issues , Restrictive Covenants , Return-to-Work Agreements , Right of Recall , San Francisco , SCOTUS , Sex Discrimination , Sexual Orientation , Sexual Orientation Discrimination , Title VII , Transgender , UK , Unemployment Benefits , Unemployment Compensation System , Unlimited Benefits , Vacation Pay , Vicarious Liability

Skadden's 2020 Insights

Despite political and economic uncertainties, markets and deal activity were resilient in 2019, and strong fundamentals remain in place heading into 2020. Companies continue to face a challenging litigation and enforcement...more

1/30/2020 / Acquisitions , Administrative Procedure Act , Anti-Discrimination Policies , Anti-Harassment Policies , Anti-Kickback Statute , Antitrust Investigations , Appeals , Arbitration Awards , Attorney General , Backstop Agreements , BEPS , BitLicense , Blockchain , Board of Directors , Bonds , Capital Markets , CFIUS , CFTC , Chapter 11 , Claim Preclusion , Class Action , Commercial Bankruptcy , Common Stock , Congressional Investigations & Hearings , Congressional Subpoenas , Consumer Financial Protection Bureau (CFPB) , Cooperation Agreement , Copyright , Corporate Governance , Corporate Restructuring , Corporate Social Responsibility , Corporate Taxes , Corwin Doctrine , Covenant Lite Deals , Creditors , Cross-Border Transactions , DACA , DE Supreme Court , Debt Financing , Debtors , Department of Justice (DOJ) , Dischargeable Debts , Disgorgement , Disparate Impact , Dodd-Frank , Down Rounds , Drug Pricing , EBITDA , Employee Retirement Income Security Act (ERISA) , Employer Liability Issues , Employment Discrimination , Enforcement Actions , Enforcement of Foreign Judgments , Enterprise Act 2002 , Environmental Social & Governance (ESG) , EU , Fair Housing Act (FHA) , Federal Trade Commission (FTC) , FinTech , FIRRMA , Foreign Acquisitions , Foreign Investment , Foreign Issuers , FRCP 23 , General Data Protection Regulation (GDPR) , General Elections , GILTI tax , High-Yield Markets , Hong Kong , Hong Kong Stock Exchange , Individual Accountability , Initial Public Offering (IPO) , Intellectual Property Litigation , Intercreditor Agreements , International Arbitration , International Litigation , IRS , Issue Preclusion , Japan , Joint Venture , Legislative Agendas , Life Sciences , Listing Rules , Litigation Strategies , Make-Whole Premium , Mergers , MFW , Multinationals , National Security , PCAOB , Pharmaceutical Industry , Political Parties , Preferred Shares , Private Offerings , Privately Held Corporations , Proxy Advisory Firms , Publicly-Traded Companies , Refinancing , Regulatory Agenda , Reporting Requirements , SCOTUS , Securities and Exchange Commission (SEC) , Securities Litigation , Separation of Powers , Shareholder Activism , Shareholder Proposals , Shareholders , Split of Authority , State Labor Laws , Stock Drop Litigation , Tax Cuts and Jobs Act , Tax Litigation , Technology Sector , Third-Party Release Agrements , Transparency , UK , UK Brexit , Valuation , White Collar Crimes

Employment Flash - May 2019

This edition of Employment Flash looks at developments in labor and employment law, including regarding a DOJ appeal of the EEOC's heightened pay reporting requirements, the NLRB's decision narrowing the circumstances under...more

5/29/2019 / ABC Test , Appeals , Arbitration Agreements , Breastfeeding , Class Arbitration , Classification , Common Law Test , Consent , Department of Labor (DOL) , Disability Discrimination , Drivers , Drug Testing , Economic Realities Test , EEO-1 , Employee Commissions , Equal Employment Opportunity Commission (EEOC) , Equal Pay Report , Fair Labor Standards Act (FLSA) , Federal Arbitration Act , Federal Contractors , Final Guidance , Gender-Based Pay Discrimination , Gig Economy , Hairstyle Discrimination , Independent Contractors , Job Applicants , Lamps Plus Inc v Varela , Memorandum of Guidance , National Origin Discrimination , NLRA , NLRB , No-Match Letters , NYCHRL , NYHRL , OMB , Over-Time , Race Discrimination , Retroactive Application , SCOTUS , Sexual Harassment , Social Security Administration (SSA) , Successor Bar Doctrine , Training Requirements , Uber , Union Dues , Unions

Employment Flash - April 2018

This edition of Employment Flash looks at recent court decisions, including the U.S. Supreme Court's rulings on cases relating to the definition of a whistleblower and exemptions from the overtime pay provisions. This edition...more

5/2/2018 / Anti-Retaliation Provisions , Car Dealerships , Classification , Confidentiality Agreements , Criminal Prosecution , Data Controller , Data Protection , Delivery Drivers , Department of Justice (DOJ) , Digital Realty Trust Inc v Somers , Dodd-Frank , Employee Privacy Rights , Equal Pay Act , EU , Exempt-Employees , Fair Labor Standards Act (FLSA) , Federal Trade Commission (FTC) , Gender-Based Pay Discrimination , Governor Cuomo , Hiring & Firing , Human Resources Professionals , Independent Contractors , Internal Reporting , Joint Employers , Labor Law Violations , Navarro v Encino Motorcars , New Legislation , NLRA , NLRB , No-Poaching , Non-Disclosure Agreement , Non-Exempt Employees , Non-Solicitation Agreements , Over-Time , Payroll Audit Independent Determination program (PAID) , Payroll Taxes , Personally Identifiable Information , Salary/Wage History , Salespersons , SCOTUS , Securities and Exchange Commission (SEC) , Service Advisors , Sexual Harassment , Sexual Orientation Discrimination , Split of Authority , State Labor Laws , Tax Cuts and Jobs Act , Tax Deductions , Technology Sector , Title VII , Voluntary Self-Audit , Wage and Hour , Whistleblower Protection Policies , Whistleblowers

Employment Flash - January 2018

The January 2018 edition of the Employment Flash looks at the Department of Labor's (DOL) new seven-factor internship test, a provision in the new tax law that seeks to reduce the use of nondisclosure agreements in sexual...more

1/31/2018 / Breastfeeding , Denial of Certiorari , Department of Labor (DOL) , Employee Retirement Income Security Act (ERISA) , Employment Discrimination , Fair Labor Standards Act (FLSA) , Forum Selection , Internships , NLRB , Non-Disclosure Agreement , NYCHRL , Opinion Letter , SCOTUS , Settlement , Sexual Harassment , Unpaid Interns , Venue

Employment Flash - June 2017

This edition examines recent labor and employment developments at the U.S. federal, state and local levels, including the House of Representatives' American Health Care Act and the Senate's Better Care Reconciliation Act, the...more

6/29/2017 / Administrative Interpretation , Affordable Care Act , Arbitration Agreements , CA Supreme Court , Comp Time , Conditional Certification , Criminal Convictions , Day of Rest Laws , Department of Labor (DOL) , Employer Mandates , Employment Discrimination , Equal Pay Act , Essential Health Benefits , Extraterritoriality Rules , Fair Labor Standards Act (FLSA) , Fair Workweek , Fast-Food Industry , Federal Arbitration Act , Federal v State Law Application , Food Service Workers , France , Germany , Health Insurance , Healthcare Reform , Hiring & Firing , International Labor Laws , Joint Employers , Kindred Nursing Centers v Clark , Misclassification , Parental Leave , Retail Workers , Salary/Wage History , SCOTUS , Sex Discrimination , Sexual Orientation Discrimination , Sexual Stereotyping , Split of Authority , State Labor Laws , Title VII , Unpaid Overtime , Whistleblowers

"Employment Flash – April 2017"

Supreme Court Adopts Deferential Standard of Review for EEOC Cases - On April 3, 2017, in McLane v. EEOC, 137 S.Ct. 30 (2016), the U.S. Supreme Court ruled that appellate courts should review lower court decisions to...more

"Employment Flash - August 2016"

The August 2016 edition of Employment Flash covers a number of developments, including the U.S. Supreme Court's ruling on when the clock starts ticking on the filing period for constructive discharge claims; the Department of...more

Privacy & Cybersecurity Update - May 2016

In this edition of our Privacy & Cybersecurity Update, we examine recent developments, including the U.S. Supreme Court's holding in Spokeo that consumer plaintiffs must show "real harm" to sue in federal court, the EU data...more

6/3/2016 / Antitrust Violations , Article III , Breach Notification Rule , Cyber Insurance , Cybersecurity , Data Breach , Data Protection Commissioner , EU-US Privacy Shield , Injury-in-Fact , Ireland , Privacy Laws , Risk of Loss , SCOTUS , Spokeo v Robins , Standing , Subrogation

9/30/2014 / Affordable Care Act , Ban the Box , Chief Compliance Officers , Class Action , Class Certification , Competition , Compliance , Contraceptive Coverage Mandate , Criminal Background Checks , Employee Rights , Employer Liability Issues , Equal Employment Opportunity Commission (EEOC) , Executive Orders , Fair Pay and Safe Workplaces , Family and Medical Leave Act (FMLA) , Franchises , Franchisors , Gender Identity , Independent Contractors , Mailbox Rule , Misclassification , OSHA , Paid Leave , Pregnancy , Pregnancy Discrimination , Religion , Religious Exemption , Reporting Requirements , SCOTUS , Securities and Exchange Commission (SEC) , Sexual Harassment , Sexual Orientation Discrimination , Sick Leave , Unions , Vicarious Liability , Whistleblower Awards , Whistleblowers

David Schwartz

Skadden, Arps, Slate, Meagher & Flom LLP

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