News & Analysis as of

Coercion

FordHarrison

[Webinar] 2024 Employers' Election Guide: Voting Leave, Political Speech in the Workplace, NLRA's Protections and More - September...

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As Election Day, November 5, 2024, approaches, U.S. businesses must keep in mind voting leave laws in their respective states. Voting leave laws allow for accommodations of employees to vote in elections without fear of a...more

Manatt, Phelps & Phillips, LLP

Restrictions on Employer Communication Upheld by Ninth Circuit

In an appeal presenting recurring issues facing district courts in managing whether and how prospective parties are brought into wage and hour lawsuits under the collective action procedures of the Fair Labor Standards Act...more

Fox Rothschild LLP

Life After Love Gone Wrong Podcast: Season 3, Episode 1 - The Truth Behind Coercive Control

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Guided by a tragic story that rocked the Tri-State area last summer, Sandra Fava’s podcast returns with a look at the twin poisons of parental alienation and coercive control. Joined by Amy Polacko, a journalist and divorce...more

Morrison & Foerster LLP - Left Coast Appeals

This Week At The Ninth: Coercion or Persuasion?

This week, the Court addresses when and how a government’s communications to a private party regarding its distribution of books allegedly promoting misinformation can violate the First Amendment....more

Fox Rothschild LLP

New Bill – A1475 – Offers a Potential Avenue for Legal Relief to Victims of Get Refusal

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My recent blog post, Appellate Division Rules That A Court Cannot Compel Arbitration on Get Issue Absent Agreement, discussed the constraints faced by secular courts in the context of Get refusal. The article identified the...more

Fox Rothschild LLP

Religious Coercion is Legal Duress

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Duress has long been considered by New Jersey courts as a cognizable defense where the provision of a Get – defined as a Jewish ecclesiastical divorce – is conditioned upon a party’s capitulation to contract terms....more

Awatif Mohammad Shoqi Advocates & Legal...

What Is The Difference Between A Bribe And Blackmailing?

Bribe and blackmail are two different concepts under criminal law. Bribe is generally understood to mean offering a gift or a benefit to another person who is in a position of power or who holds a public office, in exchange...more

FordHarrison

[Webinar] 2022 Employers' Election Guide: Voting Leave, Political Speech in the Workplace, NLRA's Protections and More - November...

FordHarrison on

As Election Day, November 8, 2022, approaches, U.S. businesses must keep in mind voting leave laws in their respective states. Voting leave laws allow for accommodations of employees to vote in elections without fear of a...more

Paul Hastings LLP

Judicial Review of Japanese poison pills from the perspective of shareholder coercion—Between Shareholders’ meeting and Board of...

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Since 2005, Japanese courts have reviewed the legality of many poison pills and whether they can withstand the shareholder equality principle. Among those cases, of particular interest have been (a) how courts evaluate...more

Kohrman Jackson & Krantz LLP

A ‘Toxic’ Combination? How to Handle Recordings of or Made by Minor Children in Child Custody Lawsuits

BRITNEY SPEARS’ ONGOING LEGAL MATTERS - In recent years, there has been no shortage of news coverage about pop singer Britney Spears and her ongoing legal matters. Notably, despite the very public nature of the turmoil...more

Sheppard Mullin Richter & Hampton LLP

Arming for a Trade War: The EU Proposes an Unprecedented Anti-Coercion Regulation

Scope of the Proposed Regulation - The Regulation would apply where a third country interferes in the legitimate sovereign choices of the Union or a Member State, by applying or threatening to apply measures affecting...more

Fox Rothschild LLP

More Sound and Fury from the NLRB GC – Signifying What, Exactly?

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NLRB General Counsel Jennifer Abruzzo announced, in a February 1 memorandum, that the Board will consider seeking interim injunctive relief – heretofore an extraordinary remedy reserved for particularly serious unfair labor...more

Pillsbury - Global Trade & Sanctions Law

EU Commission Proposes New Regulation to Combat “Economic Coercion”

On December 8, 2021 the EU Commission published its proposal for a new “Anti-Coercion Instrument.” The regulation is being proposed in response to targeted deliberate economic pressures applied to the EU and its Member States...more

Rivkin Radler LLP

October 2021 Brings 4 New NY Employment Laws

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In October 2021, New York Governor Hochul signed into law four new pieces of legislation affecting employees and employers in New York State. First, on October 28, 2021, New York Governor Hochul signed into law new...more

Morrison & Foerster LLP - Left Coast Appeals

This Week at The Ninth: Compulsion and Coercion

This week, the Ninth Circuit explains the requirements for administrative summonses compelling testimony, and addresses whether a farm laborer was subjected to economic duress and undue influence when signing an arbitration...more

Carlton Fields

Sixth Circuit Reverses Order Finding Employment Arbitration Agreement Void Due to Coercion

Carlton Fields on

An employee sued her former employer and coworkers in the Eastern District of Michigan for sexual harassment, defamation, and for subjecting her to a hostile work environment. The employer argued that the employee’s claims...more

Proskauer - Labor Relations Update

NLRB Seeks Comment: Rats, Banners and Neutrals, Oh My!

An age old question under the National Labor Relations Act is what constitutes “picketing”? By the Supreme Court’s definition, picketing is inherently coercive and may not be directed against a neutral employer. An issue...more

Proskauer - California Employment Law

Ashley Judd May Proceed With Sexual Harassment Claim Against Harvey Weinstein

Judd v. Weinstein, 967 F.3d 952 (9th Cir. 2020) - Actor Ashley Judd brought this sexual harassment claim against motion picture producer Harvey Weinstein under Cal. Civil Code § 51.9, which prohibits such harassment in...more

Womble Bond Dickinson

Why Privacy Matters

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Although it seems that every day less people care about their privacy, the ability to maintain parts of your life as private remains crucial to our democracy, our economy, and our personal wellbeing. Many people expose their...more

Allen Matkins

Staying Out Of The Penalty Box: New Appellate Court Decision Provides Intriguing New Angle On What Constitutes An Unenforceable...

Allen Matkins on

The Second Appellate District of the California Court of Appeal recently issued a decision in Constellation-F, LLC v. World Trading 23, Inc. finding that a holdover provision in a commercial lease providing for significantly...more

Carlton Fields

California Court Finds Arbitration Agreement Invalid and Unenforceable as a Result of Economic Duress and Undue Influence

Carlton Fields on

The plaintiff, an agricultural laborer, brought suit against his employer who, in turn, moved to compel arbitration based on the arbitration agreement in the parties’ employment contract. The plaintiff opposed, successfully...more

White & Case LLP

JFTC Market Research on Know-How and IP subject to Abuse of Superior Bargaining Position under the Anti-Monopoly Act

White & Case LLP on

The Japan Fair Trade Commission ("JFTC") periodically conducts market research to review and investigate business activities that may violate abuse of superior bargaining position ("ASBP") regulations. For the first time in...more

Proskauer - Labor Relations Update

Using a Cat to Chase the Inflatable Rat: NLRB General Counsel Urged Reconsideration of Board Precedent Regarding Banners and...

Continuing its efforts to overturn precedent, the NLRB General Counsel’s Division of Advice has issued a new advice memorandum looking to strike at the most recognizable sign of unionism in urban areas today – – the...more

Proskauer - Labor Relations Update

Employer’s Campaign Prediction That Employees Would Have To Join Union And Pay Dues As Condition Of Employment Not Coercive, NLRB...

The NLRB currently is churning out cases and Advice Memoranda at a fairly regular pace.  We recently discussed NLRB decisions addressing information requests, handbook statements, and confidential informants....more

Eversheds Sutherland (US) LLP

Rethinking Internal Investigation Interviews Conducted Under DOJ Direction

On May 2, a federal district court judge minced no words in castigating the Government for effectively “outsourcing” its investigation into whether a bank manipulated the London Inter-Bank Offered Rate (LIBOR) to the bank...more

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