In its en banc opinion last month, the United States Court of Appeals for the Fourth Circuit held that where a district court dismisses a case without prejudice but is silent about allowing leave to amend, the dismissal is...more
Earlier this year, the Nonhuman Rights Project (“NRP”) filed an appeal to New York’s highest court, arguing for the release of Happy the Elephant from the Bronx Zoo. The basis of NRP’s case, which was rejected by both the...more
Our previous client advisory discussed the threat of lawsuits by customers and visitors who claim they contracted COVID-19 as a result of the negligence by stores, office buildings or other facilities failing to protect...more
On May 5, 2020, the Council of the District of Columbia unanimously passed the “Coronavirus Omnibus Emergency Amendment Act of 2020” (Bill 23-750) with amendments (the Act). This legislation is one of several that have...more
It is no secret that businesses gearing up to re-open risk exposure to COVID-19 “premises/contagion” liability lawsuits. Plaintiffs are expected to file lawsuits claiming they contracted COVID-19 as a result of a business’s...more
Until the COVID-19 (new coronavirus) pandemic, the term force majeure was one not readily recognized outside of legal circles. Now, in light of the rapid spread of this disease and its ensuing consequences, businesses are...more
There is good news for zoos that hold animals designated as endangered or threatened, i.e., “listed”, under the Endangered Species Act (ESA). The recent decision in Hill v. Coggins, No. 2:13-cv-47 W.D.N.C. (Sept. 24, 2019),...more
In People for the Ethical Treatment of Animals v. U.S. Department of Health and Human Services, Case No. 16-5269, released on Friday, August 17th, the D.C. Circuit rejected an appeal by PETA and upheld a lower district court...more
On February 21, 2018, the Supreme Court released its Opinion in Digital Realty Trust, Inc. v. Somers, 583 U.S. ___ (“Digital Realty”). Digital Realty clarifies the limited instances where a purported whistleblower can claim...more
2/28/2018
/ Anti-Retaliation Provisions ,
Digital Realty Trust Inc v Somers ,
Dodd-Frank ,
Internal Reporting ,
Reporting Requirements ,
Retaliation ,
Sarbanes-Oxley ,
SCOTUS ,
Securities and Exchange Commission (SEC) ,
Securities Violations ,
Whistleblower Protection Policies ,
Whistleblowers
In a ruling of considerable importance to zoos, aquariums and other organizations that house animals for display and educational purposes, a New York appellate court unanimously determined this week that two chimpanzees...more
Animal activist group plaintiffs have filed Freedom of Information Act requests seeking an enormous amount of data from the U.S. Fish and Wildlife Service relating to the import and export of wildlife specimens, and have sued...more
In a closely-watched decision involving a challenge to the business model used by ride-hailing company Uber Technologies, Inc., a California federal judge agreed to certify a class of California drivers who claim to have been...more
In a closely-watched decision involving a challenge to the business model used by ride-hailing company Uber Technologies, Inc., a California federal judge agreed to certify a class of California drivers who claim to have been...more