On January 15, 2024, the United States Supreme Court issued a unanimous Judgment in E.M.D. Sales, Inc., v. Carrera that employers only need to prove an exemption under the Fair Labor Standards Act (FLSA) by a preponderance of...more
The legal wrangling over Purdue Pharma, L.P.’s bankruptcy plan has been splashed over the news. In Purdue Pharma’s case, the reorganization plan called for Purdue Pharma to become a non-profit organization, while the Sackler...more
On June 13, 2024, the United States Supreme Court held in Starbucks Corp. v. McKinney, No. 23-367, that the National Labor Relations Board (NLRB) must satisfy the Winter test to secure a preliminary injunction. The Winter...more
The United States Supreme Court recently announced its Opinion in Warner Chappell Music, Inc. v. Nealy, 144 S. Ct. 1135 (2024). At issue was whether recoverable damages under the Copyright Act were limited to the three-year...more
5/20/2024
/ Copyright ,
Copyright Infringement ,
Copyright Litigation ,
Damages ,
Discovery Rule ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Music Industry ,
SCOTUS ,
Statute of Limitations ,
The Copyright Act ,
Warner Chappell Music v Nealy
On May 8, 2024, the United States Court of Appeals for the Fourth Circuit issued a monumental opinion in Billard v. Charlotte Catholic High School. Senior Judge Harris, joined by Judge Niemeyer, wrote the majority opinion....more
5/17/2024
/ Age Discrimination ,
Appeals ,
Disability Discrimination ,
Employment Discrimination ,
First Amendment ,
Freedom of Religion ,
Ministerial Exception ,
Our Lady of Guadalupe School v Morrissey-Berru ,
Religious Schools ,
Religious Workers ,
Reversal ,
SCOTUS ,
Teachers
On April 17, 2024, the United States Supreme Court issued its much-anticipated decision in Muldrow v. City of St. Louis (No. 22-193) and held that “some injury” is sufficient to establish a federal discrimination or...more
5/7/2024
/ Adverse Employment Action ,
Civil Rights Act ,
Employee Transfers ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Litigation ,
Human Resources Professionals ,
Lateral Transfers ,
Muldrow v City of St Louis ,
SCOTUS ,
Sex Discrimination ,
Title VII
The legal wrangling over Purdue Pharma, L.P.’s bankruptcy plan has been splashed over the news. The plan would see Purdue Pharma become a non-profit organization, and the Sackler family that had owned the company would...more
On November 6, 2023, the United States Supreme Court declined to review the Fourth Circuit’s decision affirming summary judgment for the employer in an ADA accommodation case, Hannah v. UPS, No. 21-1647 (July 10, 2023). The...more
The Supreme Court issued a major decision at the end of June when it outlawed affirmative action for colleges in Students for Fair Admissions v. President & Fellows of Harvard College (“SFFA”). The Court based its decision...more
7/26/2023
/ Affirmative Action ,
Attorney General ,
Civil Rights Act ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Equal Employment Opportunity Commission (EEOC) ,
Fourteenth Amendment ,
Human Resources Professionals ,
Minority-Owned Businesses ,
Quotas ,
Race Discrimination ,
SCOTUS ,
Students for Fair Admissions v Harvard College ,
Students for Fair Admissions v University of North Carolina ,
Title VI
The Supreme Court’s decision in Groff v. Dejoy is a consequential case for employers facing religious accommodation requests. The Court held that an employer facing such requests does not need to follow the “undue hardship”...more
7/13/2023
/ Americans with Disabilities Act (ADA) ,
Civil Rights Act ,
De Minimus Doctrine ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Groff v DeJoy ,
Petition for Writ of Certiorari ,
Reasonable Accommodation ,
Religious Accommodation ,
Religious Discrimination ,
SCOTUS ,
Title VII ,
Undue Hardship ,
USPS