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Alexa N. Salazar

New York City Bill Would Allow Time Off Work for Pet Care

Posted by Alexa N. Salazar on 10/31/2024

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 ...

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Dolgora Dorzhieva

Investor Surveys: Key to Accurate Materiality Assessments in Securities Class Actions

Posted by Dolgora Dorzhieva on 10/29/2024

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 ...

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Camilo Burr

Six States Put Increases to Minimum Wage and Paid Sick Leave to a Vote

Posted by Camilo Burr on 10/24/2024

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 ...

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Katherine M. Lenahan

SEC Goes After “Pig Butchering Scams” In First Of Its Kind Lawsuits

Posted by Katherine M. Lenahan on 10/07/2024

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 ...

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Alexa N. Salazar

New York City EMS Workers and Unions Granted Class Status in Race and Sex Bias Lawsuit

Posted by Alexa N. Salazar on 10/03/2024

On Tuesday, September 24, 2024, U.S. District Judge Analisa Torres granted a motion to certify a group of emergency medical services ("EMS") workers of the EMS Bureau of the Fire Department of the City of New York ("FDNY") as a class in their lawsuit against the city alleging discriminatory pay practices, suppression of wages, and denial of ...

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Shawn R. Clark

New Court Ruling on FMLA Interference Clarifies Employers Can Violate Law Without Actually Denying Employee Requests

Posted by Shawn R. Clark on 10/02/2024

In a significant development, the Second Circuit Court of Appeals has expanded the interpretation of the Family and Medical Leave Act (FMLA), ruling that employers can violate the law simply by discouraging employees from exercising their rights, even if the employee's request for leave is ultimately granted. This ruling, outlined in the case ...

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Camilo Burr

Maryland Becomes First State on the East Coast to Implement Heat Protections for Workers

Posted by Camilo Burr on 10/02/2024

On September 30, 2024, Maryland will implement a new extreme heat standard, which affords employees more workplace protections when the heat index exceeds 80, 90, and 100 degrees. When temperatures exceed 80 degrees Fahrenheit, Maryland workers must be provided with at least 32 oz of water in an accessible area and shaded breaks. When temperatures ...

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David Calvello

CHIPMAKER NVIDIA UNDER INVESTIGATION OVER ANTITRUST CONCERNS

Posted by David Calvello on 09/18/2024

Over the past several years, the California-based company Nvidia has grown to become one of the largest companies on the planet. Nvidia is known for making computer chips called "graphics processing units" or "GPUs" that power many computer programs—from video games to cryptocurrency mining and advanced AI models. As of this writing, the ...

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Zachary M. Winkler

No Such Thing as a Free Lunch: The Concealed Risks of “Risk-Free” Trials

Posted by Zachary M. Winkler on 09/09/2024

It seems every product these days comes with an offer of a "risk-free" trial. These enticing offers, often for pricey products or subscription services, are sometimes called "free trials," or "risk-free guarantees." In our modern economy, our email inboxes and social media feeds runneth over with these ads. But the devil, in the form of recurring ...

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Katherine M. Lenahan

Shaquille O’Neal Must Defend Some Allegations In Suit Over Astrals Project NFTs

Posted by Katherine M. Lenahan on 08/29/2024

On August 16, 2024, Judge Moreno of the Southern District of Florida ruled that legendary basketball player Shaquille O'Neal must face some allegations in a proposed securities class action regarding his promotion of Astrals Project nonfungible tokens ("NFTs"). Astrals was a project involving a collection of 10,000 NFT 3D avatars. The court ...

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Alexa N. Salazar

Customs and Border Protection Reaches $45 Million Pregnancy Discrimination Settlement

Posted by Alexa N. Salazar on 08/29/2024

On August 13, 2024, Customs and Border Protection (CBP), the largest federal law enforcement agency within the United States Department of Homeland Security, agreed to pay $45 million to a class of over 1,000 CBP Officers and Agricultural Specialists to settle their claims alleging sex and pregnancy discrimination in violation of the Pregnancy ...

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Raymond N. Barto

DOJ Sues Property Management Software Company for Price Fixing

Posted by Raymond N. Barto on 08/28/2024

The DOJ, joined by eight states, filed suit against property management software company, RealPage, for using its price setting algorithm to maintain and increase the cost of rent nationwide. Landlords holding more than 16 million rental units pay RealPage to use its software. RealPage is alleged to collect granular data from these landlord-licensees ...

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Matthew A. Conrad

Circuit Split Leads to SCOTUS Review of Falsity Pleading Standard

Posted by Matthew A. Conrad on 08/23/2024

On June 17, 2024, the U.S. Supreme Court granted Defendants' writ of certiorari in Nvidia Corp. v. Ohman J, No. 23-970, 2024 WL 3014476, (U.S. June 17, 2024). In Nvidia, Plaintiffs alleged that Nvidia, a company which makes graphic process units ("GPU") intended for gaming applications, and its CEO knowingly misled its investors about the ...

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Thanh T. Hoang

The Fall of Chevron and its Impact on ESG Factors

Posted by Thanh T. Hoang on 08/22/2024

Chevron, U.S.A., Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837, 104 S. Ct. 2778 (1984) gave the executive branch a seat at the bench when courts were ruling on administrative law. However, after decades of deference, last month in June, the Supreme Court overturned Chevron in the recent cases Loper Bright Enterprises v. Raimondo ...

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Camilo Burr

New Jersey Passes Law Penalizing Employers for Threatening to Report or Reporting Workers’ Immigration Status

Posted by Camilo Burr on 08/15/2024

On August 8, 2024, acting Governor of New Jersey, Tahesha Way, signed a bill into law which goes into effect immediately, providing additional protections to New Jersey's immigrant workers who expose or threaten to expose violations in the workplace. Specifically, employers who threaten to report or report a worker's immigration status to ...

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Stephen Doherty

Canadian Bread Price-Fixing Settlement: A Slice of Justice?

Posted by Stephen Doherty on 08/14/2024

The bread industry in Canada has been kneading controversy for years, but the recent settlement over price-fixing accusations is the yeast we all needed to rise against corporate greed. The scandal, which left a sour taste in the mouths of many, involved some of the biggest bakers in the Land of Maple who were caught buttering their own bread ...

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Shawn R. Clark

When Responding to Claims of Sexual Harassment, Half-Hearted Responses by Employers Can Lead to Liability

Posted by Shawn R. Clark on 08/06/2024

Employers who are made aware of sexual harassment in the workplace are required to take meaningful remedial action to address the situation. But what happens when an employer does take some response and the victim argues the employer's response was not sufficient? As the case of Payne v. JetBlue Airways Corp., 2024 WL 3360381 (E.D.N.Y. July ...

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Faruqi & Faruqi

Laborers Sue Carpet Cleaning and Mold Remediation Company for Failure to Pay Overtime

Posted by Faruqi & Faruqi on 08/01/2024

On July 29, 2024, laborers sued a carpet cleaning and mold remediation company in Georgia called Genesis Restoration Services, Inc. ("Genesis") for paying flat, daily rates that did not provide proper compensation for overtime. According to the lawsuit, the named plaintiff was called a "manager" by Genesis but performed substantially the same ...

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Zachary M. Winkler

The Trouble with Greenwashing

Posted by Zachary M. Winkler on 08/01/2024

As the hottest summer on record continues, and the calendar turns from July to August, the human impact on the climate is difficult to ignore. Recent trends in consumer purchasing decisions and preferences show that consumers are more focused than ever on making sustainable purchasing decisions. Not only are consumers more keenly attuned to ...

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Kristyn Fields

Disney, Fox, Warner Bros. Oppose Fubo’s Attempt to Enjoin Sports Streaming Joint Venture

Posted by Kristyn Fields on 07/31/2024

On July 25, 2024, Disney, Fox, and Warner Bros. opposed Fubo's motion for a preliminary injunction seeking to prevent the media giants from going in together on a joint venture that would create a sports-focused streaming platform. The defendants argued in their opposition that Fubo is asking to be shielded from competition by blocking a new ...

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Faruqi & Faruqi office in New York, New York

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