Year: 2022

How the Supreme Court’s Ruling in Cummings v. Premier Distorts Contract Law to Gut Discrimination Law

In 2016, one of the authors of this post wrote a piece entitled “The ‘Tough Noogies’ Doctrine: Rights But No Remedies.” The article highlighted examples of then-recent Supreme Court cases denying clearly wronged individuals a remedy based on spurious reasoning. Last week’s Supreme Court decision in Cummings v. Premier Rehab Keller, P.L.L.C., 2022 WL 1243658 (Apr. 28, 2022) is a…

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The Critical Role of Whistleblowers in the Emerging Cybersecurity Landscape

The year 2022 is shaping up to be a pivotal one for thwarting the growing number of cybersecurity threats in the United States. On March 15, President Biden signed into law the “Strengthening American Cybersecurity Act.” The three-bill bipartisan package requires certain entities to report cybersecurity incidents to the Department of Homeland Security’s Cybersecurity and Infrastructure Security Agency (CISA) within…

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Pensions Score Wins Over Investment Advisers

In the news lately, there have been reports of pension plans fighting back against investment advisers accused of breaching their duties of prudence and loyalty, in one case securing a settlement with their investment adviser for $642 million. In the public sector, at least 25 investor lawsuits, predominantly by U.S. public pension funds, including those for Arkansas teachers, New York…

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Rights for Employees Returning to Work

Now that the pandemic seems to be winding down, many employers are considering if it is the right time to ask their employees to return to work. But with COVID laws and regulations still in effect, as well as existing disability, discrimination, and whistleblower laws, the answer to this question is complicated. At we understand that protecting your health at…

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Third-Party Enforcement of Cryptocurrency Markets

Shortly after viewers watched the Netflix series Squid Game, where contestants participated in a deadly, rigged contest for millions of dollars, real-life investors lost millions by investing in a fraudulent crypto token of the same name—SQUID. Anonymous creators promised to create a crypto “play-to-earn” platform whereby people could virtually participate in the squid games. However, instead of building the game,…

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H.R. 4445: Congress Bars Forced Arbitration of Sexual Assault and Sexual Harassment Cases

Attorneys at along with many other commentators (and, unfortunately, a number of forceful judicial dissents), have written extensively about how arbitration has been distorted and manipulated to deprive employees and other individuals of their legal rights and remedies and prevent them from holding companies fully accountable for unlawful conduct. Now, after years of stalled efforts in Congress, H.R. 4445 represents…

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Sanford Heisler Sharp Launches The Tom Henderson Civil Rights Fellowship Honoring Long-Time Activist And Esteemed Member Of The Firm

February 15, 2022, Washington, DC – today announced the Tom Henderson Civil Rights Fellowship. The annual one-year position will be available to a junior attorney who has demonstrated academic excellence and a passion for and commitment to civil rights throughout law school. It will honor a well-known national “civil rights warrior” and beloved member of the firm who died in…

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Adjusted for Inflation, the Federal Minimum Wage at Lowest in Decades

In December 2021, The Brookings Institution released portions of a study that revealed what the wage increases given to frontline workers at 13 “household name” companies actually mean in the bigger economic picture. At Amazon, for instance, the average hourly wage went up 17 percent, from a pre-Covid-19 pandemic $15.75 in January 2020 to $18.50 by October 2021. Employees at…

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