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In its first update to enforcement guidance on workplace harassment in 25 years, the EEOC said employers’ refusal to use transgender workers’ preferred pronouns or let them use bathrooms that match their gender identity amounts to unlawful workplace harassment under federal anti-discrimination law, reports Dan Wiessner.
The commission in the new guidance also addressed the rise of remote work, and it said that discriminating against employees based on their decisions to have abortions or use contraception is a form of sex discrimination.
EEOC Chair Charlotte Burrows in an interview said the guidance reflects decades of court rulings that have expanded workers’ rights to be free from workplace harassment, and that updating it was necessary to ensure that employers are aware of their legal obligations.
The guidance is not legally binding, but it lays out a blueprint for how the EEOC will enforce anti-bias laws and can be cited in court to back up legal arguments.
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That’s how much a Massachusetts businessman is seeking from Dentons US and Boies Schiller Flexner in a RICO lawsuit accusing them of misleading him for years about the enforceability of a contract with Senelec, Senegal’s state-owned electric power company. Frank Corsini and his companies, Liberty ECO and Liberty-CITIC, say the firms and several of their attorneys engaged in “wholesale acts of fraud, extortion, obstruction of justice, perjury” and other violations. A Boies Schiller spokesperson said the lawsuit has no merit and the firm is “confident that it will be resolved quickly.” A Dentons spokesperson did not immediately respond to requests for comment on the allegations.
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“There might be a number at which the secured lenders would cash out, but we know now it’s not $650 million.“
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—U.S. Bankruptcy Judge John Sherwood, who said that WeWork’s secured lenders had the right to reject former CEO and owner Adam Neumann’s offer of $650 million if it isn’t high enough to buy out the debt they are owed. Sherwood signed off on the SoftBank-backed company sending its restructuring plan to a creditor vote during a court hearing in New Jersey, putting the company on track to exit from bankruptcy by the end of May. The deal will bypass a bid from Flow Global, Neumann’s new real estate company, to buy WeWork out of bankruptcy.
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- Jury selection in the first trial over claims that discontinued heartburn drug Zantac, which was sold by GSK and others, causes cancer is scheduled to begin in Illinois state court. Plaintiff Angela Valadez alleges that she got colon cancer from the medication. GSK is the only defendant after others settled.
- Texas and three other Republican-led states will urge the 5th Circuit to strike down the SEC’s new rule that requires certain investment funds to reveal more about how they vote on shareholder ballots, including on pay packages for top executives. The SEC counters that the states don’t have legal standing to challenge the rule. “Petitioners are states, not funds, and the rule does not require them to do (or abstain from doing) anything,” the agency told the court.
- Binance founder and former chief executive Changpeng Zhao faces sentencing in Seattle federal court. Zhao has pleaded guilty to violating U.S. law by failing to implement a program to prevent money laundering. Prosecutors are seeking 36 months in prison, according to a filing.
- Donald Trump’s media company will try to convince a judge at a hearing in Delaware’s Court of Chancery that there is no need to fast-track a lawsuit brought by two of the company’s largest investors, who allege they are being improperly barred from selling their stock in Trump Media, the owner of messaging platform Truth Social.
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Court calendars are subject to last-minute docket changes.
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- The sculptor who created the “Fearless Girl” statue that promoted gender diversity on Wall Street settled a lawsuit by a State Street unit seeking to stop her from selling replicas. The settlement, for which terms were not disclosed, averted a trial scheduled to begin yesterday.
- Retailers including Target and Walmart urged a New York federal judge to reject a proposed class-action settlement with Visa and Mastercard over credit and debit card fees, saying in a series of filings the accord does not go far enough. The retailers’ objections tee up what is expected to be a major showdown over the fairness of the settlement, which lawyers for the plaintiffs estimate will save merchants nearly $30 billion.
- Pfizer agreed to pay $25.5 million to resolve claims that its predecessor Wyeth conspired with rival Teva to delay launching a less expensive generic version of antidepressant Effexor XR, in addition to a $39 million settlement disclosed earlier this month.
- A lawyer for an LGBTQ student group urged the 5th Circuit to force West Texas A&M University to allow the club to host a charity drag show on campus, saying the school’s president was violating its free speech rights by banning the event. The attorney faced skeptical questions from a conservative member of the appeals court as to whether a 2010 U.S. Supreme Court ruling that had favored LGBTQ rights on campus actually foreclosed the ability of the court to conclude the school’s policy ran afoul of the First Amendment in the case at hand.
- Nike has settled its lawsuit accusing Japanese fashion brand A Bathing Ape, also known as BAPE, of unlawfully copying the footwear giant’s famous sneaker designs, the companies said in a joint filing. Nike said in a statement that BAPE had agreed to discontinue some of its shoes and redesign others as part of the settlement.
- Advocacy group NOYB filed a privacy complaint with the Austrian data protection authority against OpenAI for allegedly not fixing incorrect information provided by ChatGPT that may breach EU privacy rules.
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- Proskauer hired Jennifer Crystal in New York as a private funds partner. She most recently was at venture capital firm WndrCo. (Proskauer)
- Fried Frank brought on Audra Cohen in New York as a partner in its asset management practice. She arrives from Goodwin. (Fried Frank)
- Cole Schotz added Megan Kilzy, former chief of the financial crimes unit in the Bergen County Prosecutor’s Office, as a litigation partner in Hackensack, New Jersey. (Cole Schotz)
- Kirkland brought on investment funds partners James Donohue, Mirela Hristova, Michelle Kim and Joseph Baron in Boston. The group arrives from Goodwin. (Kirkland)
- Greenberg Traurig hired technology litigator Michael Burshteyn, founder and former CEO of data security startup CryptoMove, as an IP partner in San Francisco. He most recently was at Morrison Foerster. (Greenberg Traurig)
- Ashurst added Nick Allen, who advises on derivatives and financial products transactions, as a partner in New York. He most recently was at Fried Frank. (Ashurst)
- Loeb & Loeb brought on real estate partner Lawrence Simon in New York from Morrison Cohen. (Loeb & Loeb)
- Orrick added D.C.-based finance and tech regulatory partner Ignacio Sandoval. He most recently was at Morgan Lewis. (Orrick)
- Honigman hired corporate partner Joshua Damm in Detroit from Fenwick. (Honigman)
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A specific color or color combination can be the subject of common law trademark protection and/or federal registration with the USPTO in certain circumstances, though it can be challenging to protect and register a color mark, write Joy Wildes and Claudia Cohen of Davis+Gilbert.
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