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  • Blog Title: Commercial Litigation

    Amtrak Employee Reinstated Following Retaliation for Whistleblowing

    A former employee of the National Railroad Passenger Corp. (“Amtrak”) was recently awarded a $892,551 settlement and was reinstated as an Amtrak employee, following an order from the U.S. Department of Labor’s Occupational Safety and Health Administration (“OSHA”). The employee worked for Amtrak as a supervisory special agent in Amtrak’s inspector general’s office. In 2010, […]

    U.S. Supreme Court to Weigh in on Religious Exemptions from ERISA

    The United States Supreme Court recently agreed to hear appeals from hospitals with Christian affiliations regarding the Employee Retirement Income Security Act’s (“ERISA”) exemption for church retirement plans. ERISA is a federal law that sets forth minimum standards for pension plans established by private companies. In an effort to protect the interests of employee benefit […]

    State AGs Intervene in For-Profit College Accreditor Lawsuit

    The attorneys general from five states and Washington, D.C. recently filed a motion to intervene in a federal lawsuit involving the Accrediting Council for Independent Colleges and Schools (“ACICS”), which is pursuing a case against the U.S. Department of Education (“DOE”) following the DOE’s decision to terminate the national accreditor in December 2016. ACICS, founded […]

    U.S. Department of Education Finds Students Accused of Sexual Misconduct Had Title IX Rights Violated by Wesley College

    The U.S. Department of Education recently announced that Wesley College, a private, liberal arts university in Dover, Delaware, violated Title IX of the Education Amendments of 1972 (“Title IX”) by allegedly disregarding the due process rights of male students accused of sexual misconduct. By way of background, Title IX prohibits sex discrimination in education programs […]

    Class Action Age Discrimination Case Against Google Moves Forward

    A software developer in California recently prevailed in a key ruling regarding her lawsuit against Google. The developer, Cheryl Fillekes, originally brought a suit against the multinational technology company in 2015, claiming that the company systemically discriminates against older job applicants and employees. By way of background, Fillekes interviewed with Google for four different positions […]

    Ohio Judge Upholds Federal Guidelines for Transgender Students

    The landscape of transgender law impacting students is quickly evolving, in large part due to the increasing national debate over restroom access for transgender students. By way of background, under Title IX, schools receiving federal money may not discriminate based on a student’s sex. Both the U.S. Department of Justice (“DOJ”) and the U.S. Department […]

    U.S. Supreme Court Declines to Hear O’Bannon v. NCAA

    The U.S. Supreme Court recently decided not to hear the National Collegiate Athletic Association’s (“NCAA”) appeal of the O’Bannon case, a class-action lawsuit that was filed by the former UCLA basketball star and other college basketball and football players. O’Bannon v. NCAA originated in 2009, when Ed O’Bannon, a former All-American UCLA basketball player, along […]

    Uber Victory in Ninth Circuit Regarding Dispute Over Enforceability of Arbitration

    The United States Court of Appeals for the Ninth Circuit (the “Ninth Circuit”) recently ruled that the majority of Uber’s contract drivers must resolve their disputes through individual arbitration and cannot pursue their labor claims as a class. This decision serves as a major setback for Uber drivers seeking recognition as employees and is a […]

    NY Attorney General Launches Antitrust Investigation Into Maker of EpiPen

    New York Attorney General Eric Schneiderman recently announced that his office would commence an investigation into Mylan Pharmaceuticals (“Mylan”). Mylan, an American global generic and specialty pharmaceutical company, is the maker of the EpiPen, an epinephrine auto-injector used to treat severe allergic reactions, like anaphylaxis, to insect stings, foods, drugs, and other allergens. Mylan’s EpiPen4Schools […]

    Colleges Placed at the Mercy of the States They Are In: How State Laws Can Strip Host Cities of NCAA Tournament Games and Affect Athletic Programs

    Every year colleges and universities bid to host National Collegiate Athletic Association (“NCAA”) tournament games. Hosting these games attracts incoming students, boosts school pride, increases alumni contributions, and provides free marketing and advertising for the host college on a national scale. A recent NCAA decision, however, should put colleges on notice that the laws of […]