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 ...
New York City EMS Workers and Unions Granted Class Status in Race and Sex Bias Lawsuit
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 ...
New Court Ruling on FMLA Interference Clarifies Employers Can Violate Law Without Actually Denying Employee Requests
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 ...
Maryland Becomes First State on the East Coast to Implement Heat Protections for Workers
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 ...
CHIPMAKER NVIDIA UNDER INVESTIGATION OVER ANTITRUST CONCERNS
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 ...
No Such Thing as a Free Lunch: The Concealed Risks of “Risk-Free” Trials
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 ...
Shaquille O’Neal Must Defend Some Allegations In Suit Over Astrals Project NFTs
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 ...
Customs and Border Protection Reaches $45 Million Pregnancy Discrimination Settlement
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 ...
DOJ Sues Property Management Software Company for Price Fixing
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 ...
Circuit Split Leads to SCOTUS Review of Falsity Pleading Standard
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 ...
The Fall of Chevron and its Impact on ESG Factors
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 ...
New Jersey Passes Law Penalizing Employers for Threatening to Report or Reporting Workers’ Immigration Status
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 ...
Canadian Bread Price-Fixing Settlement: A Slice of Justice?
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 ...
When Responding to Claims of Sexual Harassment, Half-Hearted Responses by Employers Can Lead to Liability
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 ...
Laborers Sue Carpet Cleaning and Mold Remediation Company for Failure to Pay Overtime
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 ...
The Trouble with Greenwashing
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 ...
Disney, Fox, Warner Bros. Oppose Fubo’s Attempt to Enjoin Sports Streaming Joint Venture
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 ...
Federal Court Recommends Class Certification for Tax Preparers’ Wage Claims
On June 21, 2024, a federal magistrate judge in the Eastern District of New York recommended granting class certification to tax preparers alleging overtime violations and unlawful deductions, among other things. Specifically, the tax preparers sued two companies doing business as R & G Brenner Income Tax Centers (collectively, "R & G Brenner"), ...
New York to Provide Nursing Mothers with Paid Lactation Breaks
On June 19, 2024, an amendment to New York Labor Law § 206-c (A08806C) will take effect, entitling nursing mothers to "30 minutes of paid break time each time they reasonably need to express breast milk." Specifically, the amendment to § 206-c states: An employer shall provide paid break time for thirty minutes, and permit an employee to ...
A Sign of Macquerie’s Impact- The E-House (China) Holdings Limited Decision
On June 10, 2024, the Second Circuit Court of Appeals affirmed the Southern District of New York's decision granting Defendants, E-House (China) Holdings Limited ("E-House") —a China based real estate services company— and other individual Defendants' Motion to Dismiss Plaintiffs' Amended Complaint. This case centered around allegations ...