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The Disparate Impact of Hiring Practices
In a first-of-its-kind decision, the U.S. Court of Appeals for the Eleventh Circuit deferred to the Equal Employment Opportunity Commission (EEOC) and held that job applicants may bring “disparate impact” claims for age discrimination against potential employers, even in the absence of evidence of intentional discrimination. In Villarreal v. R.J. Reynolds Tobacco Co., 806 F.3d 1288 (11th 2015), the court additionally held that the statute of limitations for filing a charge with the EEOC may be tolled in such cases.
This ruling marks a departure from the statutory language of the Age Discrimination in Employment Act (ADEA) as well as Supreme Court dicta interpreting the Act. Most importantly, the decision reflects courts' newfound willingness to defer to agency interpretation at a time when the federal government continues to advance expansive theories of employment law.
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
Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?
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.