Expert Analysis

• Extra NLRB Risks To Consider From Joint Employer Rule Edit

  

  The National Labor Relations Board’s return to a broad definition of “joint employer” will expose companies — even those with only theoretical control of their outside consultants, contractors or franchise workers — to increased labor obligations and risks, further escalating their already expanding National Labor Relations Act liabilities, says William Kishman at Squire Patton.

• Unlocking Value In Carve-Out M&A Transactions

  

  Some of the largest mergers and acquisitions in 2023 were carve-out transactions, and despite their unique intricacies and challenges, these transactions offer both buyers and sellers the opportunity to generate outsized returns in an otherwise vigorously competitive landscape, when carefully planned and diligently executed, say Kevin Crews and Rami Totari at Kirkland.

• Handling Religious Objections To Abortion-Related Job Duties

  

  While health care and pharmacy employee religious exemption requests concerning abortion-related procedures or drugs are not new, recent cases demonstrate why employer accommodation considerations should factor in the Title VII standard set forth by the U.S. Supreme Court’s 2023 Groff v. DeJoy ruling, as well as applicable federal, state and local laws, say attorneys at Epstein Becker.

• Key Employer Takeaways From USCIS' H-1B Visa Proposal

  

  There are several steps employers can take, like reviewing job descriptions and assessing cap-exempt eligibility, to be well positioned for the sweeping changes that U.S. Citizenship and Immigration Services proposes to implement next year to improve the H-1B visa program, say Brian Coughlin and Angelica Ochoa at Fisher Phillips.

• Evaluating Calif. Law On Litigation During Arbitration Appeals

  

  While a recently enacted California law makes it possible for cases to proceed to trial in state court even while appeal of an arbitration denial is pending, the legislation may be preempted by the Federal Arbitration Act and a recent U.S. Supreme Court decision, says Benny Osorio at Signature Resolution.

• Transgender Worker Rights: A Guide For California Employers

  Excerpt from Practical Guidance

  

  California employers should know their obligations under overlapping state and federal law to protect the rights of their transgender, nonbinary and gender-nonconforming workers, and implement best practices to avoid discriminating in how they hire and promote, offer medical benefits to, and prevent harassment of these employees, says Michael Guasco at Littler.

• Attorneys, Law Schools Must Adapt To New Era Of Evidence

  

  Technological advancements mean more direct evidence is being created than ever before, and attorneys as well as law schools must modify their methods to account for new challenges in how this evidence is collected and used to try cases, says Reuben Guttman at Guttman Buschner.

• Knicks Suit Shows Need For Leagues To Protect Big Data

  

  The New York Knicks' recent lawsuit alleging a former employee took trade secrets to the Toronto Raptors shows sports leagues — both professional and amateur — should prepare for future litigation in this realm, given the growth of analytics and statistics in front offices, says Kevin Paule at Hill Ward Henderson.

• Issues That Can Arise When Tech Founders Leave CEO Role

  

  More founders of venture-backed technology companies are transitioning out of the CEO role earlier than before, which can lead to unanticipated consequences if parties haven't carefully reviewed the company's certificate of incorporation, stockholders' agreements and the founder's employment agreement, say Alex Leibowitz and Megan Monson at Lowenstein Sandler.

• The Self-Funded Plan's Guide To Gender-Affirming Coverage

  

  Self-funded group health plans face complicated legal risks when determining whether to cover gender-affirming health benefits for their transgender participants, so plan sponsors should carefully weigh how federal nondiscrimination laws and state penalties for providing care for trans minors could affect their decision to offer coverage, say Tim Kennedy and Anne Tyler Hall at Hall Benefits Law.

• The Growing Need For FLSA Private Settlement Rule Clarity

  

  A Pennsylvania district court's recent ruling in Walker v. Marathon Petroleum echoes an interesting and growing trend of jurists questioning the need for — and legality of — judicial approval of private Fair Labor Standards Act settlements, which provides more options for parties to efficiently resolve their claims, says Rachael Coe at Moore & Van Allen.

• Tips For Litigating Against Pro Se Parties In Complex Disputes

  

  Litigating against self-represented parties in complex cases can pose unique challenges for attorneys, but for the most part, it requires the same skills that are useful in other cases — from documenting everything to understanding one’s ethical duties, says Bryan Ketroser at Alto Litigation.

• Series

  In Focus At The EEOC: Eliminating Recruiting, Hiring Barriers

  

  While the recruiting and hiring segment of the U.S. Equal Employment Opportunity Commission’s recently finalized strategic enforcement plan spotlights the potential discriminatory effects of artificial intelligence, employers should note that it also touches on traditional bias issues such as unlawfully targeted job advertisements and application inaccessibility, say Rachel See and Annette Tyman at Seyfarth.

• What Whistleblowing Trends Mean For Securities Litigation

  

  A recent survey on whistleblowing-related topics suggests several valuable lessons for companies to consider regarding securities and shareholder litigation, and underscores the need to implement and advertise robust whistleblowing policies to employees, say attorneys at Freshfields.

• How Cos. Can Mitigate IP Risks After NY Labor Law Updates

  

  A recent New York labor law amendment limits the permissible scope of invention assignment agreements, leading to potential intellectual property risks for New York-based employers, which they can reduce through several steps, including the reevaluation of assignment provisions in employment agreements, say attorneys at Crowell & Moring.