DOJ Supports DC Attorney General’s Bid to Resurrect Amazon Antitrust Claims
The DC Attorney General's motion to reconsider a D.C. Superior Court's dismissal of its antitrust action against Amazon, Inc., has now received the backing of the Department of Justice. The lawsuit had alleged that Amazon violated the antitrust laws by including provisions in its contracts with third party merchants operating on its platform ...
Department of Justice Endorses Antitrust Bill Aimed at Big Tech
On March 28, 2022, the Department of Justice ("DOJ") sent a letter to Congress endorsing the American Innovation and Choice Online Act—the latest salvo in the ongoing saga of enhanced antitrust scrutiny on Big Tech. The bill seeks to employ "prohibitions on discriminatory conduct by dominant platforms" such as Amazon and Google to "ensur[e] ...
The Growing Labor Movement Highlights the Need for the Protecting the Right to Organize Act
On the heels of the major unionizing victories by Starbucks and Amazon employees, workers across the country are organizing and seeking to form unions so that they can collectively bargain for higher wages and improved working conditions. However, employers often oppose unionizing efforts, including by discouraging employees from voting to ...
New York State Enacts Legislation to Combat Workplace Discrimination, Harassment, and Retaliation
On March 16, 2022, Governor Kathy Hochul signed into law several pieces of legislation affording employees greater protections against workplace harassment, discrimination, and retaliation, while other pieces of legislation are still pending before the New York State Assembly and Governor Hochul. Legislation That Has Been Made Law: • Expanded ...
New York Carpenters Pension Fund Defeats Motions to Dismiss in SolarWinds Securities Class Action Lawsuit
The United States District Court for the Western District of Texas, Austin Division, recently denied in their entirety all but one of four motions to dismiss made by Defendants in the federal securities class action In Re SolarWinds Corporation Securities Litigation, 1:21-CV-138-RP, 2022 WL 958385 (W.D. Tex. Mar. 30, 2022) ("In Re SolarWinds"). ...
Third Circuit Set to Examine the Scope of Anti-Retaliation Protections Afforded Under the FLSA
The Fair Labor Standard Act ("FLSA") prohibits retaliation against an employee who complains about violations directly to his or her employer or to the U.S. Department of Labor. To make out a claim, a plaintiff must show (1) participation in a protected activity known to the employer, (2) an employment action disadvantaging the plaintiff (such ...
NYC Amazon Workers Vote to Unionize in Historic Election
Following an election held between March 25 through March 30, 2022, workers at Amazon's Staten Island warehouse voted in favor of being represented by the Amazon Labor Union in a 2,654 — 2,131 vote. The Amazon Labor Union is the first certified union to represent Amazon workers in the country and could not only rally other Amazon workers ...
Faruqi & Faruqi, Lead Counsel, Obtains Significant Settlement For Godiva Consumers
Today, after years of hard-fought litigation, Faruqi & Faruqi, LLP, obtained final approval of a class settlement valued by the Court at over $10,000,000. The lawsuit, filed in 2019 in United States District Court, alleged that Godiva misled consumers into believing that certain Godiva chocolates were manufactured in Belgium, when in fact ...
Sunscreen Manufacturers Can’t Wash Off Reef Safety Class Actions
Sunscreen manufacturers may now be facing significant liability as a result of a recent marketing trend in labeling sunscreen products as being "safe" or "friendly" for coral reefs. Last week, Judge Chhabria of the Northern District of California denied in full defendant's motion to dismiss in Locklin v. StriVectin Operating Company, Inc., ...
Walmart and Kohl’s Agree to Pay $5.5 M Over False Bamboo Claims
In two cases brought by the Federal Trade Commission ("FTC"), Walmart and Kohl's have agreed to pay a total of $5.5 million to resolve allegations that both companies falsely marketed their towels, sheets, blankets, and other bamboo products as being "100% Bamboo," when in actuality, they are made up of rayon. The FTC also took issue with ...
House Bill Seeks to Bar Wage Violators from Obtaining Relief under the Restaurant Revitalization Fund
The U.S. House of Representatives has voted to pass H.R. 3807, which, if approved by the Senate and President Biden, will inject $42 million into the Restaurant Revitalization Fund designed to provide financial assistance to restaurants impacted by the COVID-19 pandemic. The bill would also create a new, separate relief fund of $13 billion ...
DOMESTIC WORKERS ARE NOW A PROTECTED CLASS
Domestic workers are now protected under New York City's Human Rights Law regardless of the number of persons employed by the employer. Domestic workers include any individual employed in a home or residence for the purpose of caring for a child, serving as a companion for a sick, convalescing, or elderly person, housekeeping, or any other ...
New York’s ‘Special Duty’ Rule Officially Applies to No-Knock Warrants
Last week, the Court of Appeals issued a decision that clarifies the special duty of law enforcement executing a no-knock warrant to protect the residents of the building the police are trying to enter. In Ferreria v. City of Binghamton (2022 WL 837566), the police executed a no-knock warrant in search of a suspected felon. The Plaintiff, ...
SEC issues Climate-Related Disclosure Proposal
On March 21, 2022, the U.S. Securities and Exchange Commission issued numerous rule changes imposing new climate-related disclosure requirements on public companies. The disclosures would apply to registration statements as well as periodic reports and inform investors about climate-related risks that are reasonably likely to have a material ...
GREENWASHING: THE ISSUE AND HOW TO FIX IT
Greenwashing is a marketing ploy where companies convey false or misleading information regarding how their products and services are more environmentally friendly than they actually are.[1] While this tactic is not a novel development, an uptick in greenwashing can be attributed to consumers' increasing awareness of environmental issues, ...
FTC Alleges TurboTax Is Deceiving Consumers About Its Services Being Free
On March 28, 2022, the Federal Trade Commission ("FTC") filed a complaint requesting a temporary restraining order and preliminary injunction against TurboTax, the popular online tax preparation company. Specifically, the FTC alleges that TurboTax markets its services as being free, when in actuality, it is only free for some consumers. The ...
Worker’s Compensation Board to Issue New Medical Treatment Guidelines, May 2022
In December 2010 the Workers' Compensation Board issued the Medical Treatment Guidelines as a set of treatment guidelines with separate guidelines that cover the Neck, Back, Shoulder, Knee, Carpal Tunnel, and Non-Acute/Chronic Pain. The Board announced that eleven (11) new medical guidelines will become effective in May 2022. The new treatment ...
Reigning in Corporate Privilege: Unjustifiable Claims of Privilege Could Result in Blanket Waiver, Or Worse
It is no secret that in-house lawyers are often included in communications that have nothing to do with seeking legal advice. In-house lawyers often wear "two hats," providing legal advice when necessary and business advice at other times. Importantly, attorney-client privilege only attaches when a communication deals with the former. Yet, ...
South Korean Telecommunications Giant KT Corp. Agrees to Pay Over $6.3 Million to the Securities and Exchange Commission to Settle Charges under the Foreign Corrupt Practices Act
A recent Foreign Corrupt Practices Act ("FCPA") enforcement action taken by the SEC against a South Korean company demonstrates the importance of having sufficient internal controls within a company to prevent bribery schemes from taking root and being executed. Without such controls, a company can have rampant bribery that goes unchecked ...
President Biden Orders Studies Of Cryptocurrency Risks, Taking Step Toward U.S. Regulation Of Digital Assets
In a move that would have seemed like science-fiction just a few years ago, President Biden issued an Executive Order titled "Ensuring Responsible Development of Digital Assets" on March 9, 2022. The order calls for several federal agencies to study the risks and opportunities associated with cryptocurrencies and a potential U.S. digital dollar, ...