Recently, the National Labor Relations Board (“NLRB”) ruled that Home Depot — “Where Doers Get More Done” — had done too much when it discharged an employee, Antonio Morales, for refusing to remove the hand-drawn letters...more
3/5/2024
/ Black Lives Matter ,
Dispute Resolution ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
NLRA ,
NLRB ,
Protected Activity ,
Section 7 ,
Uniforms
On January 5, 2023, the Federal Trade Commission (“FTC”) released a Notice of Proposed Rulemaking (“NPRM”), which “would, among other things, provide that it is an unfair method of competition for an employer to enter into or...more
On Friday, January 7, 2022, the Supreme Court of the United States heard an oral argument on the consolidated multi-state challenge to the Occupational Safety and Health Administration’s Emergency Temporary Standard (ETS)....more
Introduction to Disparate-Impact Discrimination Claims in Healthcare: Sandoval (2001) and Section 1557 of the ACA - Disparate-impact claims of discrimination in healthcare are powerful and can be incredibly varied. These...more
Judge Frederick Block of the U.S. District Court for the Eastern District of New York has preliminarily enjoined HHS from revising the Obama-era definitions of sex discrimination under Section 1557 of the ACA. See Walker v....more
8/19/2020
/ Affordable Care Act ,
Department of Health and Human Services (HHS) ,
Discrimination ,
Employee Training ,
Gender Discrimination ,
Gender Identity ,
Health Care Providers ,
LGBTQ ,
Section 1557 ,
Sex Discrimination ,
Sexual Orientation Discrimination
On August 12, 2019, the Office for Civil Rights at the Department of Health and Human Services (“HHS OCR”) announced that it has entered into a Voluntary Resolution Agreement with Michigan State University pursuant to Section...more
In recent years, the CFPB has struck fear into the C-suites of financial services companies. The agency was extraordinarily active in rulemaking that addresses every aspect of lending, prepaid cards and arbitration clauses in...more
1/17/2018
/ Civil Investigation Demand ,
Consumer Financial Protection Bureau (CFPB) ,
Cybersecurity ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Enforcement Actions ,
EU ,
General Data Protection Regulation (GDPR) ,
Health Insurance Portability and Accountability Act (HIPAA) ,
OCR ,
Popular ,
Sexual Harassment ,
Tax Cuts and Jobs Act ,
Tax Reform ,
Wage and Hour
On Tuesday, November 22, 2016, the United States District Court for the Eastern District of Texas in State of Nevada, et al. v. United States Department of Labor, et. al, Case No. 4:16-cv-00731-ALM enjoined the Department of...more
Mock jury exercises, focus groups, and jury research are well-established tools that inform trial strategy and guide counsel and their clients to make educated decisions about their case. But the field is changing. ...more
Years of work by your attorneys – research, analysis, document review and production, depositions, motions and painstaking preparation – ultimately can come down to this: a trial by jury, made up of a seemingly...more
As court cases move toward trial, many litigators start thinking about conducting a mock trial or jury research of some sort or another. Deciding when, where and, most importantly, how to do the research is not as simple as...more
Failing to adequately prepare a corporate witness for his or her 30(b)(6) deposition can have serious consequences. In fact, courts treat an unprepared 30(b)(6) witness as a witness who simply never bothered to show up for...more
When a company is noticed for a deposition, it has a duty to prepare its witnesses to fully and unevasively answer questions about the designated subject matters. Companies may not realize, though, that the preparation must...more