Discrimination (race, gender, religion, sexual preference), harassment, wage & hour, non-competes.

DEI Programs as a Source of Liability for Law Firms and Other Businesses

August 6th, 2025|Categories: Complex Business Litigation, Emerging Litigation & Risk, Employment, HB Tort Notes, Journal, New Featured Post for Home Page, News|Tags: , , , , |

Two recent cases against international law firms point to an emerging trend in litigation that could have wide-spread implications for diversity, equity, and inclusion (DEI) programs. The author, William "Billy" Jones examines these recent cases filed against the law firms for their DEI fellowships and the potential impacts for law firms and other private businesses.

What DEI Changes Mean for Employers Featuring Patice Holland

May 8th, 2025|Categories: Corporate Compliance, Employment|Tags: , , , , |

As political and public scrutiny of Diversity, Equity, and Inclusion (DEI) programs grows, employment attorney Patice Holland of WoodsRogers joins the Emerging Litigation Podcast to explain how employers—especially federal contractors—can reassess DEI initiatives while staying compliant with discrimination laws, navigating shifting enforcement priorities, and managing legal, operational, and reputational risk. Tune in now!

Injunction against Trump’s DEI executive orders unlikely to stem massive wave of ‘reverse discrimination’ lawsuits

March 18th, 2025|Categories: Corporate Compliance, Employment, HB Tort Notes, Journal, New Featured Post for Home Page, News|Tags: , , , , , , |

Justin Ward examines the recent federal court injunction against President Trump’s executive orders targeting Diversity, Equity, and Inclusion (DEI) programs. While the ruling temporarily halts enforcement of these orders, legal experts suggest it’s unlikely to slow the growing wave of “reverse discrimination” lawsuits. Since the Supreme Court’s 2023 decision in Students for Fair Admission v. Harvard, more than 100 claims alleging discrimination against majority groups have been filed. Additionally, state legislation and an upcoming Supreme Court case, Ames v. Ohio Department of Youth Services, could further lower the bar for such claims, potentially fueling even more litigation.

Trends and Strategies in Wage & Hour Class and Collective Actions

February 8th, 2025|Categories: Class Actions, CLE OnDemand, Employment, New Webinars|Tags: , , , , |

Gain a better understanding of the Fair Labor Standards Act (FLSA) and wage and hour collective actions, get up to date on significant trends and recent key settlements in this area of law, and grasp the main considerations for conditional class certification and decertification and the key collective action rulings handed down in 2023 on a CLE webinar featuring experienced class action defense litigators Gerald L. Maatman, Jr., Jennifer A. Riley, and Greg Tsonis. Sign up today!

Humans at Work with Leah Stiegler

November 13th, 2024|Categories: Corporate Compliance, ELP, Emerging Litigation & Risk, Employment|Tags: , , , , , , |

In this episode, Leah M. Stiegler, principal attorney at Woods Rogers, shares practical solutions for a variety of challenges, like love at work, pregnancy at work, discord at work, harassment at work, and working overtime. She talks about gender identity protections, implicit biases, and microaggressions, plus conducting administrative investigations, and ideas to mitigate risk, stay out of court, and maintain a positive work environment. Enjoy now!

Mental Wellbeing and Fulfillment for Litigators: Sara Lord Interviews Gary Miles

May 22nd, 2024|Categories: Complex Business Litigation, ELP, Employment|Tags: , , , , , |

In this episode, Sara Lord of Legal Metrics speaks with Gary Miles, success coach and former litigator. about the professional dissatisfaction litigators experience when the pursuit of fulfillment clashes with high-stress demands, and practical strategies for managing anxiety and embracing mindfulness. Listen and learn.

AI Nuts & Bolts Survival Guide: Artificial Intelligence – Discrimination in Employment Context

May 3rd, 2024|Categories: CLE OnDemand, Corporate Compliance, Employment|Tags: , , , , |

On this CLE webinar, Duane Morris LLP Attorneys Alex W. Karasik, Gerald L. Maatman, Jr., and George J. Schaller discuss two novel artificial intelligence lawsuits, recent governmental guidance related to AI use, the business risks associated with AI, and mitigation strategies. 

AI Litigation Risks in Employment by Gerald L. Maatman Jr., Alex W. Karasik, and George J. Schaller

April 25th, 2024|Categories: Corporate Compliance, Emerging Litigation & Risk, Employment, HB Tort Notes, Journal, New Featured Post for Home Page, News|Tags: , , , , |

The authors, Gerald L. Maatman Jr., Alex W. Karasik, and George J. Schaller analyze two novel AI lawsuits and highlight recent governmental guidance related to AI use in the employment context and the implications of possible discriminatory conduct stemming from the use of AI tools. "AI is here to stay," they write. "Whether companies choose AI technology for any 'employment decision,' companies must keep themselves up to date on any issued guidance and must actively monitor AI tools to prevent any possible discriminatory outputs."

Fresh Produce Law, Contracts, and Risks

January 31st, 2024|Categories: Corporate Compliance, ELP, Employment|Tags: , , , , |

In this episode, we discuss Fresh Produce Transportation Law with Katy Esquivel of Esquivel Law Chartered and the challenges of transporting fresh fruits and vegetables from farms to stores in a safe and timely manner. What legal and reputational risks do growers, brokers, and shippers face? What laws come into play? What are the essential components of contracts among participants in the supply chain? As Katy notes, "there is nobody in this country with a more tangible vested interest in the safety of produce than growers and everyone along the supply chain".  Listen and learn more!

TVPRA, State Statutes Open Door for Civil Damage Claims by Human-Trafficking Victims

September 19th, 2023|Categories: Complex Business Litigation, Emerging Litigation & Risk, Employment, HB Tort Notes, Journal, Mass Torts, New Featured Post for Home Page, News|Tags: , , , , |

Since 2003, when Congress opened the door for human-trafficking victims to sue for civil damages under the Trafficking Victims Protection Act of 2000 (TVPRA), the TVPRA and similarly drafted state statutes have allowed for human-trafficking victims to seek civil damages against any party that has benefited from their trafficking. Given this expansive inclusion of third-party liability, more and more businesses, especially those in the hospitality industry, are ultimately the ones left to pay for the criminal acts of human traffickers. In this article, the authors, Coryne Leyendecker and Pamela Lee discuss the evolving litigation around human-trafficking claims and offer guidance on how businesses can build a foundation for their own defense while simultaneously helping prevent human-trafficking crimes from occurring in the first place.

Unarmed or Unwell: How Federal Law Infringes Medical Marijuana Users’ Second Amendment Rights

June 14th, 2023|Categories: Emerging Litigation & Risk, Employment, Journal, New Featured Post for Home Page|Tags: , , , |

The Author Griffen Thorne (griffen@harrisbricken.com) is an attorney in the Los Angeles office of Harris Bricken Sliwoski LLP, an international emerging markets law firm. He represents clients in highly regulated emerging industries, such as cannabis, in corporate and commercial transactions. Interviews with leading attorneys and other subject matter experts on new twists in the law and how the law is responding to new twists in the world. Unarmed or Unwell: How Federal Law Infringes Medical Marijuana Users’ Second Amendment Rights As Justice Amy Coney Barrett noted while on the Seventh Circuit, “legislatures have the power to prohibit dangerous people from possessing guns. But that power extends only to people who are dangerous.” In the coming years, the government’s ability to write off all medical marijuana users as dangerous is likely to be curtailed, even if the Controlled Substances Act continues to make marijuana use a federal crime. Abstract: In the wake of the 2022 U.S. Supreme Court case New York State Rifle & Pistol Association, Inc. v. Bruen, federal courts have reached opposite outcomes on whether federal prohibitions on marijuana users’ rights to own or possess firearms are constitutional. As a result, there is a high likelihood of a circuit split that results in the overturning of those federal laws. The author [...]

New Year, New Rules: FTC Proposes Sweeping Ban on Noncompete Agreements

February 24th, 2023|Categories: Corporate Compliance, Emerging Litigation & Risk, Employment, Journal, New Featured Post for Home Page, News|Tags: , , , , |

The Author Andreya DiMarco (adimarco@hatfieldschwartzlaw.com) is counsel with Hatfield Schwartz Law Group LLC where she focuses on employment law and transactional matters. She has defended clients in state and federal courts and before administrative agencies, including the EEOC and DCR. Interviews with leading attorneys and other subject matter experts on new twists in the law and how the law is responding to new twists in the world. New Year, New Rules: FTC Proposes Sweeping Ban on Noncompetes "This is the FTC’s first attempt to ban non-compete agreements and strong opposition to the Proposed Rule as well as challenges regarding the scope of the FTC’s rule-making authority are likely to arise especially given the tremendous impact a retroactive and absolute non-compete ban would have.  .... [P]otential litigation over the FTC’s authority to issue and enforce such a rule may cause further delays.... Moreover, the Proposed Rule is full of ambiguity which will likely be challenged." Abstract: On January 5, 2023, the Federal Trade Commission published a Notice of Proposed Rulemaking that would ban the use of noncompete agreements between employers and workers and would create an affirmative obligation for employers to void existing noncompete agreements. The Proposed Rule would also prohibit contractual clauses in other agreements or employment policies that have a similar [...]

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