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Searching Content indexed under Litigation, Mediation & Arbitration by Robert N. Holtzman ordered by Published Date Descending.
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Significant Amendments To NYS Anti-Discrimination And Anti-Harassment Laws Go Into Effect
As the New York State Legislature neared the end of the 2019 session in June, it passed several bills amending the state's laws prohibiting discrimination and harassment. We addressed the major provisions of these new bills in our previous alert.
United States
20 Aug 2019
2
FINRA Rejects Forum Selection Provisions That Prohibit Bringing Arbitration Claims Before FINRA
The Notice expresses disapproval of pre-dispute forum selection provisions between member firms and associated persons.
United States
14 Nov 2016
3
FINRA Rejects Forum Selection Provisions That Prohibit Bringing Arbitration Claims Before FINRA
The Notice expresses disapproval of pre-dispute forum selection provisions between member firms and associated persons.
United States
14 Nov 2016
4
Are Class Action Waivers Enforceable? Until The Supreme Court Rules, It Depends Where You Are Located
Recent decisions by the U.S. Courts of Appeals for the Seventh Circuit and the Ninth Circuit have adopted the reasoning of the National Labor Relations Board in D.R. Horton, Inc. and Michael Cuda.
United States
9 Nov 2016
5
Employers Must Take Action To Reap The Full Benefits Of The Defend Trade Secrets Act
President Obama signed the Defend Trade Secrets Act into law on May 11, addressing a long-felt need for uniformity in trade secret law by establishing a national trade secret protection standard.
United States
3 Aug 2016
6
Employers Beware: Settlement Of FLSA Claims Requires Approval Of A Court Or The Department Of Labor
Before the Second Circuit's recent ruling in Cheeks v. Freeport Pancake House Inc., 796 F.3d 199 (2015), it was unclear whether a privately-negotiated general release could be effective with respect to wage and hour claims...
United States
26 May 2016
7
Employers Can't Outsource Their Joint Employer Liability
In mid-March, the Second Circuit issued a summary order vacating the summary judgment dismissal of claims brought by security guards who were contracted via a separate, now-defunct entity, to work at AT&T stores.
United States
26 May 2016
8
Increased Focus On Proportionality In Discovery Is Anticipated To Aid Employers
On December 1, 2015, a package of amendments to the Federal Rules of Civil Procedure ("FRCP") went into effect, including significant amendments to Rule 26(b)(1), which governs the scope and limits of discovery.
United States
26 May 2016
9
Positive Development For New Jersey Employers: Discrimination Plaintiff May Face Criminal Prosecution For Theft Of Employer's Confidential Documents
The New Jersey Supreme Court recently affirmed an employee's indictment for allegedly stealing confidential documents from her employer to support employment discrimination and retaliation claims.
United States
11 Dec 2015
10
New York Court Of Appeals Rejects Choice Of Law Provision In Nonsolicitation Agreement
The New York Court of Appeals recently declined to uphold a Florida choice of law provision in an employment agreement on the grounds that it violated New York public policy.
United States
11 Dec 2015
11
Accommodating Religious Dress
On June 1, 2015, the United States Supreme Court handed down a decision clarifying the circumstances under which employees and prospective employees can establish religious discrimination...
United States
10 Dec 2015
12
Second Circuit Clarifies Pleading Standard In Title VII Cases
The plaintiff in Littlejohn v. City of New York, 795 F.3d 297 (2d Cir. 2015), an African-American woman, worked at the New York City Administration for Children's Services as the Director of its Equal Employment Opportunity Office.
United States
10 Dec 2015
13
When Is An Unpaid Intern An Employee? Second Circuit Provides Clarity
The extent to which the intern and employer clearly understand that there is no expectation of compensation.
United States
9 Dec 2015
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