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Supreme Court to Cell Phone Users: The Right to Be Free From Spam Calls Is Alive and Well

Posted July 29th, 2020 by in Civil Litigation.

This month, the Supreme Court handed down a victory for cell phone users (which is practically all of us these days) in Barr v. American Association of Political Consultants, Inc. The case concerns the Telephone Consumer Protection Act of 1991 (“TCPA”). Under the Act, anyone who makes an unsolicited robocall or text message can be […]

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Laid Off? Did your Employer Fail to WARN you?

Mass layoffs have unfortunately become an economic reality during the COVID-19 pandemic. Employees should know, however, that federal and New York employment law can provide important rights for employees who lose their jobs in a mass layoff. The federal Worker Adjustment and Retraining Notification (WARN) Act protects employees of business with 100 or more full […]

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Customs Fraud: What Whistleblowers Need to Know

Posted July 11th, 2018 by in Whistleblower Law.

The False Claims Act is one of the government’s most powerful tools to fight fraud. Under the Act a whistleblower, called a “relator,” can provide the government with information about the ways in which it is being defrauded. If the government subsequently recovers money as a result of the relator’s tip, the relator receives a […]

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The Supreme Court Clarifies the Definition of Whistleblower Under Dodd Frank: What You Need to Know

Posted March 2nd, 2018 by in Whistleblower Law.

Last week, the Supreme Court, by a 9-0 vote, issued an important ruling on the protections that the Dodd Frank Wall Street Reform Act offers to whistleblowers. The case, Digital Realty Trust Inc. v. Somers, determined that Dodd Frank protects from retaliation only those whistleblowers who complain about corporate fraud to the Securities Exchange Commission. […]

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Confidential Settlements: An Option for Victims Who Don’t Want to Be Named

Posted November 30th, 2017 by in Gender Discrimination and Harassment.

As increasing numbers of women come forward to speak out about sexual harassment and discrimination in the workplace, many news commentators have called for an end to confidential discrimination settlements. The intentions behind this call are honorable and righteous, but the reality may be more complicated. Confidential settlements offer benefits for victims. Not every victim […]

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New York’s New Paid Family Leave Program: What You Need to Know

Posted September 6th, 2017 by in Employment Discrimination.

Beginning January 1, 2018, New York’s Paid Family Leave Program will provide employees in New York State with a range of new benefits. Here’s what you need to know: Under the Program, employees will receive paid leave and continuation of health insurance coverage (subject to the employee contribution) for 8 weeks beginning in 2018, increasing […]

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Non-Competes: Can My Employer Stop Me From Taking a New Job?

Posted March 29th, 2017 by in Civil Litigation.

Finance professionals, executives, sales people, pharmaceutical professionals, information technology professionals, and others today face an increased number of employer-issued restrictions on their right to continue working after they leave their job. For employees, these provisions, often called “non-competes” can have devastating consequences. Read to the letter, these provisions may purport to stop employees from working […]

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Free College Tuition Does Not Mean Diversity

Posted April 12th, 2016 by in Employment Discrimination.

Bernie Sanders has been garnering national media attention with his plans to offer free tuition at public colleges and universities. It’s an idea worthy of debate, although I am not entirely convinced at this point. For example, I am not sure that I understand the societal benefits of guaranteeing free college to, say, Barron Trump. […]

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Judge Merrick Garland and Class Actions: What Will Happen?

The recent big news in lawyer land is the nomination of Chief Judge Merrick Garland of the US Court of Appeals for the D.C. Circuit to replace Justice Scalia. He is, by all appearances, eminently qualified, a model public servant, and at least a tad (I say in jest) to the left of the late […]

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Reflections on The New York Times’ Report on Working Women in Rural India

Posted February 11th, 2016 by in Gender Discrimination and Harassment.

The New York Times recently published a fascinating and tragic article about a small group of women in rural India who challenged the social order of their village by seeking and obtaining jobs at a meat-processing factory. The women walked 10 miles each way (to save the 7-cent rickshaw fare) to the factory. There, they […]

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