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  • U.S. Department of Education and U.S. Department of Justice Issue Dear Colleague Letter Addressing Protections for Transgender Students

    On May 13, 2016, the U.S. Department of Justice and the U.S. Department of Education issued a Dear Colleague Letter (the “Letter”) addressing civil rights protections for transgender students under Title IX.  The Letter is meant to be “significant guidance” to schools and “provides information and examples to inform recipients about how the Departments evaluate […]

    United States Judicial Panel on Multidistrict Litigation to Consider Misrepresentation in Food Labeling

    On May 26, 2016, the United States Judicial Panel on Multidistrict Litigation (the “MDL”) will consider whether to consolidate dozens of cases from federal courts across the country involving food mislabeling for pretrial hearings and related proceedings. The panel will hear oral argument regarding whether clusters of cases, with defendants such as Kraft Heinz Foods, […]

    Article 129-B Deadlines Are Approaching

    As you may already be aware, institutions must file a certificate of compliance with the provisions of Article 129-B with the New York State Education Department, by July 1, 2016. In addition, by July 1, 2016, and once every ten years thereafter, coinciding with the filing required by Article 129-A of the New York Education […]

    What Your Employees Download Can Cost You Protecting Against Copyright Infringement

    Liability for copyright infringement can be a very costly matter.  The scary part for businesses is that liability for copyright infringement can arise very easily and often without the knowledge or participation of management.  Something as simple as an employee downloading a report through an expired subscription it had access through by way of its […]

    Recent Cases Suggest Colleges and Universities Should Review Their Employee-On-Employee Sexual Harassment Policies

    Just this past month, another Title IX lawsuit was filed against Columbia University (“Columbia”). This time, however, it involved the sexual harassment of an untenured professor by her mentor, a tenured professor. Enrichetta Ravina is one of a handful of academics professionally analyzing how individuals handle their retirement savings. In 2008, she joined Columbia’s business […]

    The Rise of “Reverse Title-IX” Lawsuits – Do Colleges and Universities have Anything to Fear?

    Recently, Judge Gregory Woods of the Southern District of New York dismissed a Title IX lawsuit against Columbia University, asserting “reverse Title-IX” lawsuits do not constitute sex-based discrimination. In 2013, Paul Nungesser was accused of rape by fellow Columbia University (“Columbia”) student, Emma Sulkowicz. Columbia ultimately found Nungesser “not-responsible” for “non-consensual sexual intercourse.” Notwithstanding Columbia’s […]

    New Federal Bill Seeks to Limit Use of Arbitration Agreements

    Earlier this month, U.S. Senator Patrick Leahy (D-Vt.) introduced a bill, titled “Restoring Statutory Rights and Interests of the States Act of 2016,” that would limit the use of arbitration agreements in civil rights cases, employment disputes, and other lawsuits. The Federal Arbitration Act (the “FAA”), 9 U.S.C. § 1 et seq. provides for judicial […]

    Proposal Introduced in New Jersey to Raise Minimum Wage to $15

    Recently, New Jersey State Senate President Stephen Sweeney (“President Sweeney”) announced that he will attempt to gradually increase the state minimum wage to $15 an hour vis-à-vis a state constitutional amendment. Currently, the federal minimum wage is $7.25 per hour and New Jersey’s minimum wage is $8.38. President Sweeney’s proposal, if passed, will increase the […]

    Students Sue University of Central Florida for Data Breach

    Recently, students and employees of the University of Central Florida (the “University”) filed a proposed class action lawsuit in Florida federal court against the University alleging that the University failed to adequately safeguard their personal data from a recent data breach that exposed personal information of nearly 63,000 current and former students and employees. The […]

    EEOC Plans to Target Gender Pay Gap by Collecting Pay Data from Large Employers

    On January 29, 2016, nearly seven years after the Lilly Ledbetter Fair Pay Act was enacted into law, the U.S. Equal Employment Opportunity Commission (the “EEOC”) announced a proposed revision to the Employer Information Report, EEO-1, otherwise known as the EEO-1 Report, to include pay data from large employers and federal contractors. By way of […]