Feeling Iced Out at Work? It Could Be Grounds for a Legal Claim
Workplace discrimination and retaliation aren't always about overt actions like termination or demotion. Sometimes, they manifest in more subtle but equally harmful ways—such as being excluded, ignored, or gradually stripped of responsibilities. If you've ever felt like you were being pushed to the sidelines at work, you're not alone, and ...
Updates to New York Employment Laws in 2025
With the new year upon us, employees across New York State should be aware of several changes and updates to labor and employment laws that may affect them. Below, we highlight some of the noteworthy changes to city and State law that have already taken place or are yet to come in 2025. Individuals who believe that they have not been paid ...
One Size Does Not Fit All-Meta’s Petition For Certiorari Denied By The Supreme Court
On November 22, 2024, the United States Supreme Court dismissed Meta's[1] (or "the Company") appeal of the Ninth Circuit's decision that allowed a 2018 securities fraud lawsuit to move forward against the Company for failing to disclose risks related to a prior data breach. The case, Facebook v. Amalgamated Bank, No. 23-980, 604 U.S. --- (2024) ...
TIPS AND TRICKS ON HOW TO PROTECT YOUR DRIVER DATA
As insurance companies increasingly adopt technology to collect and analyze driver data, it's more important now than ever to stay informed about how your personal information is being used. From tracking your location to monitoring your driving habits, insurers often gather data through third-party apps, connected vehicles, and other sources. ...
Are You a Victim of Housing Discrimination by a Broker? New York Court Says You Can Hold Landlords Accountable
A recent decision by New York's Appellate Division, First Department, has confirmed that landlords can be held legally responsible for the discriminatory actions of their real estate brokers under the New York City Human Rights Law (NYCHRL). In an issue of first impression, the First Department found in Newson v Vivaldi Real Estate Ltd. that ...
U.S. Supreme Court Clarifies Standard of Proof in FLSA Overtime Exemption Cases
On Wednesday, January 15, 2025, the United States Supreme Court ruled in a unanimous opinion that disputes regarding overtime exemption classifications under the Fair Labor Standards Act (FLSA) should apply the "preponderance of the evidence" standard, rather than the higher standard of "clear and convincing evidence." In E.M.D. Sales, Inc. ...
Buy Now, Regret Later
In recent years, "Buy Now, Pay Later" (BNPL) services have surged in popularity, offering consumers a seemingly easy way to spread out payments for everything from clothing and electronics to furniture and travel. Promising interest-free installments and instant approval, companies like Afterpay, Klarna, and Affirm have reshaped how people ...
Winklevoss-led Crypto Exchange, Gemini, To Pay CFTC $5M For Statements About Bitcoin Futures Contract
Earlier this month, crypto exchange Gemini Trust Company, LLC ("Gemini"), led by Tyler and Cameron Winklevoss, agreed to pay $5 million to the U.S. Commodity Futures Trading Commission ("CFTC") to resolve claims regarding alleged misrepresentations about certain aspects of the company's proposed bitcoin futures contract. The CFTC sued Gemini ...
Wall Street’s Short Kings
There has been a recent trend toward activist short selling. Rather than shorting stocks simply because they are overvalued, activist short sellers focus on corporate fraud. The activist short sellers are a mixture of well-known activist investors and firms, such as Muddy Waters Research, Citron Research, and Hindenburg Research, led by investors ...
National Labor Relations Board Demands “Love Is Blind” Reclassify Participants as Employees in Complaint
On December 11, 2024, the National Labor Relations Board ("NLRB") issued a complaint demanding that Netflix's hit reality television show Love Is Blind reclassify its participants as employees, who are afforded more robust federal and State legal protections and must be paid an hourly wage, including overtime. The complaint also outlines provisions ...
DOL Issues Guidance to Prevent Harassment in the Construction Industry
On November 21, 2024, the U.S. Department of Labor's Office of Federal Contract Compliance Programs (OFCCP), which holds contractors responsible for complying with laws prohibiting harassment and discrimination on the basis of race, color, sex, sexual orientation, gender identity, religion, national origin, disability, or veteran status, released ...
The Conservative Case for Class Actions
In the wake of the recent U.S. presidential election, The Conservative Case for Class Actions by Professor Brian T. Fitzpatrick of Vanderbilt Law School is more relevant than ever for anyone who is interested in class actions. A member of the Federalist Society since his first semester of law school, Professor Fitzpatrick reminds us that conservatism ...
It’s the Most Flummoxing Time of the Year
Thanksgiving is now in the rear-view, leaves have all-but-dropped, and temperatures are following suit. And like clockwork, businesses large and small are advertising their own drops: lower prices on goods and gifts, just in time for the winter holiday season. As consumer purchasing heats up, Americans are also opening their wallets—and ...
Court Goes All In: District of Massachusetts Decision Declining to Dismiss DraftKings NFT Lawsuit Lays The Groundwork For Potential Impactful Trial
The U.S. District Court for the District of Massachusetts denied defendants' DraftKings Inc. ("DraftKings") and its officers Jason D. Robins, Jason K. Park and Matthew Kalish's (collectively "Defendants") motion to dismiss a securities class action lawsuit arising out of their alleged failure to properly register its non-fungible tokens ("NFTs").[1] ...
The SEC Adopts New Rules On Penny Stocks
For cinema lovers, the Securities and Exchange Commission ("SEC") appears to have addressed financial issues reminiscent of those touched in the 1999 satirical comedy, Office Space—i.e., impact of fractional pennies—and 2013 black comedy, The Wolf of Wall Street—i.e., volatile penny stocks. On September 18, 2024, the SEC adopted amendments ...
FARUQI & FARUQI LLP NOTCH IMPORTANT WIN FOR PLAINTIFFS AT THIRD CIRCUIT
On November 7, the Third Circuit Court of Appeals issued an Order in Huertas v. Bayer US LLC, No. 23-2178, reversing the District of New Jersey's prior ruling dismissing the plaintiffs' claims related to Bayer's Lotrimin and Tinactin antifungal spray products "contaminated with benzene," which "has been labeled a human carcinogen and linked ...
New York City Bill Would Allow Time Off Work for Pet Care
On Wednesday, October 23, 2024, New York City councilmembers Shaun Abreu and Tiffany Cabán introduced a bill, Int. 1089-2024, that would guarantee paid time off to care for pets or service animals. If approved, the bill would take effect 120 days after it becomes law. If enacted, the legislation would make New York City one of few U.S. cities ...
Investor Surveys: Key to Accurate Materiality Assessments in Securities Class Actions
A material misstatement in connection with a securities transaction is illegal under federal securities laws. Information is deemed to be material for purposes of Rule 10b-5 if a reasonable investor would have considered a statement or omission significant in making investment decisions. Thus, the concept of a "reasonable investor" is central ...
Six States Put Increases to Minimum Wage and Paid Sick Leave to a Vote
On November 5, 2024, six states will put more than the next presidential nominee to a vote. Specifically, voters in Alaska, Arizona, California, Massachusetts, Missouri, and Nebraska will decide whether to increase their States' minimum wages and provide more paid sick days, or a combination of both. The various proposals that will appear ...
SEC Goes After “Pig Butchering Scams” In First Of Its Kind Lawsuits
On September 17, 2024, the U.S. Securities and Exchange Commission ("SEC") filed two first-of-their-kind securities fraud lawsuits against those behind a pair of "pig butchering schemes" that allegedly solicited investments in fake cryptocurrency platforms NanoBit Limited ("NanoBit") and CoinW6 to scam victims out of nearly $3 million. According ...