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NYC Department of Consumer and Worker Protection Issues Final Rules Under NYC's Earned Safe and Sick Time Act

In September 2023, the New York City Department of Consumer and Worker Protection (“the Department”) finalized amendments to rules (“final rules”) under the New York City Earned Safe and Sick Time Act (“ESSTA”). These rules...more

The Second Circuit Revisits Legal Standard for Retaliation Claims

On August 7, 2023, the U.S. Court of Appeals for the Second Circuit in Carr v. New York City Transit Authority (No. 22-792-cv, 2023 WL 5005655) (“Carr”) revisited and clarified the appropriate legal standard for analyzing...more

The EEOC Issues Notice of Proposed Rulemaking Under the Pregnant Workers Fairness Act

As noted in our May 3, 2023 client alert, Congress enacted the Pregnant Workers Fairness Act (“PWFA”) in late 2022, expanding protections for pregnant workers. This statute, which went into effect on June 27, 2023, requires...more

CDx Diagnostics, Inc. v Rutenberg

On October 12, 2022, the Commercial Division for New York County issued a decision in a consolidated series of motion sequences in CDx Diagnostics, Inc. v. Rutenberg, 2022 BL 479595 (N.Y. Sup. Ct. Oct. 12, 2022). The decision...more

Commercial Division Dismisses ’33 Act Claim for Lack of Contemporaneous Falsehood

Section 11 of the Securities Act of 1933 (“the 1933 Act”) imposes three independent bases of liability for issuers of securities offerings.  Issuers of security offerings are liable for (1) misrepresenting a material fact in...more

Commercial Division Dismisses Securities Class Action Against Pharmaceutical Company Alleging Failure to Disclose Results from...

One of the most significant pieces of legislation to emerge from the New Deal, the Securities Act 1933 (“the 1933 Act”), imposes a disclosure requirement for registration statements and other securities offerings.  The 1933...more

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