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Do Your Discrimination Policies Go Far Enough?
Since 1998, when the United States Supreme Court issued what have become known as the Farragher and Ellerth cases, employers have been able to assert an affirmative defense to harassment cases that allege the creation of a hostile work environment by supervisory employees as long as the harassment did not result in a tangible job action for the complaining employee. The Ellerth Court offered as examples of a tangible job action “hiring, firing, failing to promote, reassignment with significantly different responsibilities, or a decision causing a significant change in benefits.” Ellerth, 524 U.S. at 761.
Prior to Farragher and Ellerth, employers were strictly liable (ie, the employer could not disclaim responsibility) in all cases of hostile environment harassment by a supervisor. In Farragher and Ellerth, however, the Supreme Court reasoned that employers should only be held strictly liable for the actions of a supervisory employee who was exercising his or her official authority; employers whose supervisory employee was acting without official authority should be permitted to raise an affirmative defense. In its simplest terms, that affirmative defense requires a showing that 1) the employee unreasonably failed to report the offensive conduct, despite an adequate reporting mechanism set forth in a well-publicized policy that clearly prohibited harassment; and, 2) the employer took prompt, remedial measures upon learning of the offensive conduct to ensure that it would not continue or be repeated.
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Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
Judge Rules Shaquille O'Neal Will Face Securities Lawsuit for Promotion, Sale of NFTs
A federal district court in Miami, FL, has ruled that former National Basketball Association star Shaquille O'Neal will have to face a lawsuit over his promotion of unregistered securities in the form of cryptocurrency tokens and that he was a "seller" of these unregistered securities.
Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It
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Blockchain Domains: New Developments for Brand Owners
Blockchain domain names offer decentralized alternatives to traditional DNS-based domain names, promising enhanced security, privacy and censorship resistance. However, these benefits come with significant challenges, particularly for brand owners seeking to protect their trademarks in these new digital spaces.
Coverage Issues Stemming from Dry Cleaner Contamination Suits
In recent years, there has been a growing number of dry cleaners claiming to be "organic," "green," or "eco-friendly." While that may be true with respect to some, many dry cleaners continue to use a cleaning method involving the use of a solvent called perchloroethylene, commonly known as perc. And, there seems to be an increasing number of lawsuits stemming from environmental problems associated with historic dry cleaning operations utilizing this chemical.