News & Analysis as of

Race Discrimination Successor Liability

McAfee & Taft

Buying a business? Don’t buy an employment lawsuit

McAfee & Taft on

When acquiring a business, companies sometimes unwittingly buy an employment lawsuit. Recently, the 10th Circuit – the federal appeals court that applies to Oklahoma employers – explained when a successor business can be held...more

Sherman & Howard L.L.C.

When Due Diligence Can Get You in Trouble: Due Diligence Provision in Purchase Agreement Allows EEOC to Plead Successor Liability

Purchase agreements almost always attempt to limit potential successor liability for the purchaser in the deal. However, in EEOC v. Roark-Whitten Hospitality 2 et al. (“EEOC v. RW2”), the Tenth Circuit determined that a...more

Manatt, Phelps & Phillips, LLP

Employment Law - January 2016

Does The ADEA Permit Disparate Impact Suits by Applicants? Eleventh Circuit Says Yes - Why it matters - The Eleventh Circuit Court of Appeals created a circuit split with a decision that the Age Discrimination in...more

Pullman & Comley - Labor, Employment and...

Successor Liability for Discrimination Claims

Since most businesses are organized in a corporate form, the typical defendant in an employment discrimination lawsuit is a corporation. If a corporate defendant is dissolved during the course of the lawsuit and has few or...more

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