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While the Fifth Circuit Court of Appeals considers the constitutionality of the Corporate Transparency Act (CTA) (in Texas Top Cop Shop, Inc. v. Garland, No. 24-40792, 2024 WL 5203138), it has reinstated...

The eighth episode in this series focuses on the "Business Implications of the Supreme Court's Ruling on Affirmative Action" with Michael...

In a whirlwind turn of events, on December 26, 2024, the US Fifth Circuit Court of Appeals (the Fifth Circuit), reversed itself and reinstated a nationwide injunction against...

A Holland & Knight trial team made up of attorneys David Donoghue, Anthony Fuga, Cindy Gierhart, Ji Mao, Billy Oliver, Maxwell Hansen and William Ringhofer...

Mark Harris, a partner in Proskauer's White Collar Defense and Investigations Group, recently spoke to Joe Mont at Compliance Week to discuss the U.S. Sentencing Commission...

In Aviva USA Corp. v. Vazirani [pdf], No. 11-0369, U.S. District Court Judge James A. Teilborg, denied the plaintiffs' request that they be granted judgment on liability and granted the plaintiffs' request for an adverse inference instruction against the defendants for their bad faith spoliation of evidence related to the lawsuit.

As we previously reported, in 2009, a New York state appellate court first held in Williams v. New York City Housing Authority, that a plaintiff claiming hostile work environment harassment under the New York City Human Rights Law ("NYCHRL") need only demonstrate that he or she was treated less favorably than other employees because of his or her membership in a protected class.

Applying Connecticut law, a November 10, 2011 decision of the Supreme Court of New York, Appellate Division, First Department found a lifetime employment contract to be void as against public policy.

For years, employers operating in California have relied on employee meetings as a routine and effective way to share their perspective with employees on union drives, ballot measures, and other significant workplace...

Faced with FLSA actions in the Second Circuit, employers should brace themselves for a public filing of any settlement agreement and a vetting of that agreement by the district court.

On June 29, 2023, the United States Supreme Court issued its ruling in Students for Fair Admissions, Inc. v. President and Fellows of Harvard College (along with Students for Fair Admissions...

The United States Court of Appeals for the D.C. Circuit issued a significant opinion recently in which it vacated and remanded the Federal Energy Regulatory Commission’s ("Commission" or "FERC") decision in Order 2004, which expanded the reach of the Standards of Conduct for Transmission Providers ("Standards") to encompass relationships between natural gas companies and their non-marketing affiliates.

The Texas Supreme Court on October 12, 2012, in In The Interest of E.N.C., J.A.C., S.A.L, N.A.G and C.G.L., Minor Children, held that evidence of deportation alone does not constitute clear and convincing evidence that termination of parental rights is in the best interest of the child.

The long-awaited SEC private fund rules were put on ice by the Fifth Circuit U.S. Court of Appeals today when the appellate court struck down the rules...

On January 4, 2017, the U.S. District Court for the District of Columbia rejected a request by the Secretary of HHS asking the court to reconsider its decision that requires HHS to eliminate...

Pursuant to the APA, legislative rulemaking requires a period for notice and comment by industry stakeholders because, unlike interpretive rules, a legislative rule has the "force and effect of law."

A federal appeals court has denied the government's emergency motion to reinstate a controversial $100,000 H-1B visa fee, finding the executive branch likely exceeded its statutory authority. The ruling creates a circuit split that may force Supreme Court intervention as early as this week, leaving employers and visa applicants in legal limbo.

A federal district court in Utah ruled that a liability insurer had no duty to defend toxic exposure and misrepresentation claims under commercial general liability, umbrella, and employment practices liability policies...