In our October 2023 alert on Defending Litigation Attacks on DEI Programs: A Status Update, we advised to “stay tuned” regarding a pending motion to dismiss filed by Amazon in response to a class action complaint challenging...more
Last month, two courts reached different conclusions about the legality of companies’ diversity equity and inclusion (DEI) programs under Section 1981. The cases display different tactics and defenses and raise questions...more
As we noted in our prior alert, the American Alliance for Equal Rights (Alliance), following the U.S. Supreme Court’s June opinion in Students for Fair Admissions vs. Harvard (SFFA), has sued two large law firms alleging that...more
As previewed in our previous client alert, certain groups have now pursued legal action contending that employers’ diversity, equity and inclusion (DEI) programs are subject to legal challenge based on the U.S. Supreme...more
On September 6, 2022, a split National Labor Relations Board (NLRB or the Board) released its long-anticipated Notice of Proposed Rulemaking that would lessen the burden in proving that two companies jointly employ workers...more
On June 24, 2022, the U.S. Supreme Court decided Becerra v. Empire Health Foundation, No. 20-1312, holding that, in calculating the “Medicare fraction” component in determining Medicare reimbursements to hospitals,...more
On June 6, 2022, the U.S. Supreme Court decided Siegel v. Fitzgerald, No. 21-441, holding that Congress’s enactment of a significant fee increase that exempted bankruptcy debtors in two states violated the uniformity...more
On March 23, 2022, the U.S. Supreme Court decided Wisconsin Legislature v. Wisconsin Elections Commission, No. 21A471, holding that the Wisconsin Supreme Court, in accepting state Assembly and Senate maps that the Governor...more
On Friday, February 4, 2022 President Joe Biden signed Executive Order 14063, requiring project labor agreements (PLA) for all federal construction projects costing more than $35 million. PLAs are agreements between...more