In a decision issued on June 27, 2025, Trump v. CASA, Inc. (a 6-3 ruling), the U.S. Supreme Court held that federal District Courts lack authority to grant universal injunctions. In CASA, the United States District Courts for...more
7/1/2025
/ Class Action ,
Constitutional Challenges ,
Employer Liability Issues ,
Employment Litigation ,
Executive Orders ,
Immigration Procedures ,
Judicial Authority ,
Preliminary Injunctions ,
SCOTUS ,
Trump Administration ,
Trump v CASA
The U.S. District Court for the Northern District of Texas recently issued a ruling vacating the “gender-identity related portions” of the Equal Employment Opportunity Commission’s (EEOC’s) 2024 Guidance interpreting Title...more
6/9/2025
/ Employment Discrimination ,
Employment Litigation ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
Gender Identity ,
Government Agencies ,
Judicial Authority ,
Sex Discrimination ,
Statutory Interpretation ,
Texas ,
Title VII
Real World Impact: The United States Supreme Court issued a unanimous decision in a sex discrimination case as it sided with a straight woman on the standard to be used in pleading disparate treatment on the basis of her...more
On April 24, 2025, Judges Landya McCafferty and Stephanie Gallagher, sitting in the United States District Courts in New Hampshire and Maryland, respectively, issued rulings blocking the U.S. Department of Education (DOE)...more
On April 23, 2025, President Trump signed an Executive Order (EO) titled Restoring Equality of Opportunity and Meritocracy, which follows a string of prior EOs aimed at removing DEI programs, which we covered here and here....more
4/25/2025
/ Affirmative Action ,
Civil Rights Act ,
Disparate Impact ,
Diversity and Inclusion Standards (D&I) ,
Employment Discrimination ,
Employment Policies ,
Executive Orders ,
Government Agencies ,
Judicial Review ,
Regulatory Reform ,
Title VII ,
Trump Administration
The Equal Employment Opportunity Commission (EEOC) and the Department of Justice (DOJ) yesterday issued a joint press release announcing new “technical assistance documents” identifying specific Diversity, Equity and...more
On March 17, 2025, in an unprecedented action, the Equal Employment Opportunity Commission (“EEOC”), under the direction of Acting Chair Andrea R. Lucas, issued 20 extensive letters to large, prominent law firms containing...more
3/20/2025
/ Affirmative Action ,
Civil Rights Act ,
Compliance ,
Discrimination ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
Law Practice Management ,
Title VII
On March 14, 2025, a three-judge panel of the Fourth Circuit Court of Appeals, issued an order granting the Trump Administration’s motion to stay enforcement of the District Court’s nationwide preliminary injunction on two...more
On February 21, 2025, the United States District Court for the District of Maryland issued a nationwide preliminary injunction halting the enforcement of three key provisions of President Trump’s Executive Orders intended to...more
2/26/2025
/ Anti-Discrimination Policies ,
Constitutional Challenges ,
Diversity and Inclusion Standards (D&I) ,
Due Process ,
Educational Institutions ,
Employment Discrimination ,
Enforcement Actions ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
False Claims Act (FCA) ,
Federal Contractors ,
First Amendment ,
Free Speech ,
Government Agencies ,
Preliminary Injunctions ,
Trump Administration
On February 5, 2025, newly confirmed U.S. Attorney General Pam Bondi issued a memo to all U.S. Department of Justice Departments targeting private employers’ use of DEI initiatives. The memo is titled “Ending Illegal DEI and...more
As reality television enthusiasts prepare for the Season 8 premiere of Netflix’s Love is Blind this Valentine’s Day, the show’s producers are navigating a recent National Labor Relations Board complaint that could lead to...more
2/5/2025
/ Administrative Law Judge (ALJ) ,
Employee Rights ,
Employees ,
Employment Litigation ,
Independent Contractors ,
Labor Law Violations ,
Misclassification ,
NLRB ,
Non-Compete Agreements ,
Section 7 ,
Unions
Within days of his second inauguration, President Trump issued a number of Executive Orders. While the impact of his Executive Orders will be seen with time, many employers may be left wondering how the Executive Orders...more
New York employers who use separation agreements or settle claims of harassment, discrimination, or retaliation must ensure they comply with a new amendment to Section 5-336 of the New York General Obligations Law....more
12/6/2023
/ Confidentiality Agreements ,
Employer Liability Issues ,
Employment Contract ,
Labor Reform ,
New Legislation ,
New York ,
Non-Disparagement Provisions ,
Retaliation ,
Separation Agreement ,
Settlement Agreements ,
Sex Discrimination ,
Sexual Harassment ,
State Labor Laws
Executive Summary: The United States Court of Appeals for the Fifth Circuit (which covers Texas, Louisiana and Mississippi) recently held that Title VII plaintiffs can show they were subjected to an adverse employment action...more
Executive Summary: On June 30, 2023, the U. S. Supreme Court issued its ruling in 303 Creative LLC v. Elenis. At issue in the case was a pre-enforcement challenge to Colorado’s public accommodation law, which prohibits...more
Executive Summary: On June 23, 2023, in a 5-4 decision, the U.S. Supreme Court held that district courts (i.e. federal trial courts) must stay pre-trial and trial proceedings while an appeal of a decision denying a motion to...more
6/28/2023
/ Arbitration ,
Arbitration Agreements ,
Automatic Stay ,
Coinbase ,
Coinbase Inc v Bielski ,
Cryptocurrency ,
Federal Arbitration Act ,
Griggs v Provident Disc Co ,
Interlocutory Appeals ,
Motion to Compel ,
SCOTUS ,
Stays
Executive Summary: This month both the New York State (NYS) Senate and the NYS Assembly passed identical bills that effectively ban all noncompete agreements in the state of New York. If signed by Governor Kathy Hochul, the...more
6/26/2023
/ Confidential Information ,
Employer Liability Issues ,
Employment Contract ,
Hiring & Firing ,
Intellectual Property Protection ,
Labor Reform ,
Legislative Agendas ,
New York ,
Non-Compete Agreements ,
Proposed Legislation ,
Regulatory Agenda ,
Restrictive Covenants ,
State and Local Government ,
State Labor Laws
Executive Summary: The National Labor Relations Board (the Board) recently overruled two prior Board decisions and held that overly broad language in non-disparagement and confidentiality clauses included in severance...more