According to recent reports, the U.S. Equal Employment Opportunity Commission (EEOC) has filed a lawsuit against popular national restaurant chain, Chipotle, citing religious discrimination and retaliation. The case involves a Muslim teenager who was allegedly harassed and retaliated against, leading to her departure from the company. According to the federal agency’s charge, a Chipotle manager…
On September 21st, New Jersey Economic Development Authority (NJEDA) took measures to augment capital availability for minority and women-owned startup companies, namely, by announcing the creation of its Diversity Finance Advisory Board (DFAB). As reported by Flaster Greenberg PC on JDSupra, this board is envisioned as a tool to furnish “knowledge, guidance, and insights on…
In recent years, selling customer mailing lists —a long-established practice— has found itself in the hot seat of legal disputes. Litigations have been brought forward alleging violations of customers’ right of publicity from the sale of such lists. This increase in lawsuits was discussed in depth in the 2023 Data Security Incident Response Report. These…
In a significant development for legal professionals focused on the healthcare industry and pertinent regulations, the New York State Office of the Medicaid Inspector General (“OMIG”) has updated its guidance regarding compliance program requirements. This follows earlier guidance published by the OMIG at the beginning of 2023. Verified details were shared on September 21, 2023,…
Orange Treeidence OPCO, LLC, Riverwalk Post-Acute, Providence Group, Inc. (PGI), and Providence Administrative Consulting Services, Inc. (PACS) have collectively decided to settle the racial harassment and retaliation lawsuit originally filed by the U.S. Equal Employment Opportunity Commission (EEOC). The suit alleged instances of racial harassment against black employees within the skilled nursing facility’s domain. The…
There appears to be a shift in the U.S. Securities and Exchange Commission’s (SEC) enforcement strategy towards information barriers, following a recent complaint it filed. This stance comes as a signal to big corporates and law firms to take heed of the tighter enforcement landscape. In a report filed by JD Supra on September 12,…
In an effort to understand the effectiveness of current anti-bribery and corruption efforts, a recent survey conducted by Compliance Week and law firm Morgan Lewis has revealed some notable findings. The majority of compliance professionals participating in the survey pointed to evident resource support deficiencies, particularly in staffing and technology. This comprehensive survey was carried…
In the multifaceted legal battle concerning opioids, an interesting development has emerged. This week, plaintiffs’ attorneys asserted that the special master, David Cohen, involved in the opioid lawsuits displayed no bias in an email he accidentally sent to all lawyers participating in the case. Cohen’s message was originally intended as a note to himself. Lawyers…
In the field of corporate law, a recent analysis on Jdsupra has clarified the paramount rights of secured creditors in receivables. It notes that accounts receivable doesn’t just serve as a crucial source of collateral; these receivables, along with other rights to payment, effectively constitute the lifeblood of asset-based lending, securitizations and factoring arrangements. The…
Recently, a significant step was taken to combat anticompetitive practices in the labor market as the Federal Trade Commission (FTC) and Department of Labor (DOL) signed a Memorandum of Understanding (MOU). This act is not only a signal of increased cooperation between the two bodies but provides them with additional tools to increase enforcement measures….
The US Court of Appeals for the Sixth Circuit ruled on Thursday upholding the bans on gender-affirming care for minors in Tennessee and Kentucky. The court’s decision, resulting from a 2-1 vote, dismissed a challenge by families of transgender minors, stating that the bans did not constitute discrimination on the grounds of sex. The bans,…
The U.S. Equal Employment Opportunity Commission (EEOC) recently targeted The Cleaning Authority-Fox Valley, an eastern Wisconsin cleaning service provider, alleging breaches of federal law. The suit alleges that the company created a hostile working environment for female employees and later dismissed them on the grounds of their opposition to sexual harassment. The EEOC’s task is…
As many legal professionals may be aware, conventional doctrine in California holds that once a public agency adopts a resolution of necessity to acquire property by way of eminent domain, the resolution typically, and “conclusively,” sets forth the foundational findings of public use and necessity. Recently, however, a development that is worth paying close attention…
In a volatile global landscape wherein cybersecurity threats are no longer exceptions but rather, the norm, aligning a company’s cyber risk management program with its primary financial goals has become an imperative. According to Mitratech Holdings, Inc, amidst tightening budget constraints and staffing challenges, having executive buy-in for a robust cyber risk roadmap is crucial….
Across the nation, independent schools are making significant strides in fostering greater equity, understanding, and inclusivity among their student body, particularly across the gender spectrum, as seen here. This advancement, nevertheless, faces a striking contradiction in the legislative efforts at the state and federal levels. Regrettably, these legislative movements seem to be moving in stark…
As the December deadline fast approaches for the new regulations imposed by the U.S. Securities and Exchange Commission (SEC), businesses, particularly public corporations and certain foreign private companies, will find themselves under increased pressure to solidify their cybersecurity breach protocol. Under these new rules, companies must now assess whether a breach incident meets the materiality…
Engaging in estate planning is an essential process, despite its knack for making individuals consider potentially distressing aspects, such as their mortality and the wellbeing of their dependants once they’ve passed away. For many, the process might seem overwhelming, but having a solid understanding of what a first meeting with an estate planner might entail…
The Consumer Product Safety Commission (CPSC) has recently publicized a Request for Information (RFI) with the goal to acquire insights from various shareholders regarding the prevalence and usage of per- and polyfluoroalkyl substances (PFAS) found in consumer goods. This exercise is executed on a voluntary basis and is designed to gather helpful information and commentary…
Understanding the implications and requirements of the Corporate Transparency Act (CTA) is vital for high net worth individuals and businesses alike. Over the past few months, ample attention has been drawn to the January 1, 2024, effective date of the CTA. While a large portion of this information targets the potential impacts on small businesses,…
In recent years, a corporate ‘speak up’ culture has not only become an ethical imperative but a driving force toward greater profitability. Evidence continues to mount in the form of data, academic research, and real-world use cases that robust ethics and compliance programs are more than just an operational formality – they yield tangible dividends….
Navigating the complex landscape of legal indemnification can be a daunting task, even for seasoned attorneys and corporate legal professionals. A recent case in Ohio sheds light on the applicability of indemnification and the standards that need to be met for a successful claim. In the appeal case, Bradford v. A Star Properties LLC, that…
Corporate lawyers and in-house counsel at M&As face new challenges as regulators are stepping up enforcement against non-compete and no-poach clauses. Legal teams across the UK, EU, and US are being impelled to pay increased attention to drafting and regulating non-competes and other restrictive arrangements. This change of focus could have significant implications for the…
In a notable development, a group of 16 Democratic Attorneys General (AGs) has recently penned a letter expressing their opposition to the proposed Ending Agricultural Trade Suppression (EATS) Act to Congressional leaders. As per the report, the legislation aims to restrict the capability of state and local governments to establish standards for agricultural products. This…
On September 21, 2023, the Federal Energy Regulatory Commission (FERC) established an affiliation between J.P. Morgan Investment Management Inc. (J.P. Morgan Investment) and the Mankato Energy Center, LLC, along with Mankato Energy Center II, LLC (collectively referred to as the Mankato Companies). The Commission arrived at this decision after identifying that the upstream owner of…
In the complex world of law, every clause, every provision, and every single word matters. Even those tucked away under the umbrella term of “miscellaneous” are not without consequence. While these provisions often go unnoticed, bypassed, and even dismissed as irrelevant by the unobservant eye, they play a crucial and sometimes, paramount role in many…