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  • Blog Title: Commercial Litigation

    Restaurant Chain Settles Transgender Employee’s Claim of Sexual Harassment and Retaliation

    Last month, Bojangles’ Restaurants Inc., settled a sexual harassment and retaliation lawsuit filed by the U.S. Equal Employment Opportunity Commission (“EEOC”) on behalf of a transgender employee. Jonathan (De’Ashia) Wolfe, a transgender woman, worked at Bojangles’ restaurant in Fayetteville, North Carolina. Bojangles’ is a fast food restaurant chain with many locations throughout the United States. […]

    Amendments to Federal Rules of Evidence Effect ESI Authentication

    On December 1, new amendments to Federal Rules of Evidence 803(16) and 902 went into effect that are designed to change the way that electronically stored information (“ESI”) is authenticated in federal court. These amendments were made in response to growing concerns over a potential evidentiary loophole for ESI that has been stored for a […]

    The Supreme Court Hears Arguments on Collective Proceeding Waivers in Employment Arbitration Agreements

    In its first argument of the new term, the U.S. Supreme Court considered whether collective proceeding waivers in employment arbitration agreements may be enforced. The Federal Arbitration Act (“FAA”) allows employers to include arbitration agreements that require workers to bring legal claims to arbitration, rather than to court. Collective proceeding waivers are becoming a common […]

    What HR Departments Can Learn from the Weinstein Company?

    As the dust continues to settle on the Harvey Weinstein sexual harassment allegations, the future for both Weinstein and the company that bears his name is far from certain. Since the New York Times published an article detailing shocking allegations against Weinstein of a history of sexual harassment, the former movie producer has since checked […]

    Weinstein’s Contract May Have Protected Him against Sexual Assault Claims

    Details continue to emerge surrounding the major sexual harassment allegations against film producer Harvey Weinstein. One of the most shocking developments involves language in Weinstein’s employment contact with the Weinstein Company that may have permitted him to be sued for sexual harassment while continuing to keep his job. According to various news outlets, Weinstein’s contract […]

    Harvey Weinstein Fired From His Own Company Amid Massive Sexual Abuse Allegations

    Earlier this month, the New York Times published a bombshell article detailing numerous accounts of sexual abuse by movie mogul Harvey Weinstein over the course of three decades. The article accuses Weinstein of sexually harassing, and subsequently paying settlements to, at least eight women.  In the days following the article’s release, a number of other […]

    Second Circuit Rules in Favor of Fraternity Brothers in “Jackie” Rape Dispute

    In late September, the United States Court of Appeals for the Second Circuit found that the U.S. District Court for the Southern District of New York erred in dismissing a lawsuit brought by former members of the fraternity at the center of the Rolling Stone article, “A Rape on Campus.” In November 2014, Rolling Stone […]

    New York Appeals Court Bars Woman From Suing West Point After Alleged Rape

    Recently, the Second Circuit denied a woman the right to sue West Point after she brought claims of sexual misconduct on campus. In 2010, a woman identified as Jane Doe, was allegedly raped by a fellow cadet on the West Point campus. Doe was one of 200 women among 1,300 cadets in her class. She […]

    Jury Awards $41.5 Million Verdict for Study Abroad Student in Failure to Warn Case

    The Connecticut Supreme Court recently upheld a $41.5 million verdict in favor of a high school student who became ill during her school’s study abroad program. The Court’s decision is intended to promote stricter safety standards for study abroad programs. Although this case involved a high school, many higher education groups fear that the outcome […]

    Trump Administration to Investigate Affirmative Action in University Admission

    On August 1, the New York Times reported that the Trump administration will be redirecting Justice Department resources to investigate universities’ affirmative action admission policies. The report was made after the New York Times received a document stating the Department of Justice would be investigating “intentional race-based discrimination in college and university admissions.” The Times’ […]