Until last week, federal circuit courts were split on whether so-called “pure omissions” could support securities fraud claims under Securities Exchange Act Rule 10b-5(b). For those not fluent in the application and enforcement of Rule 10b-5(b), its text does not exactly roll off the tongue and its concepts can be tricky to apply in practice.
A New Shift in Candidate Assessments
Recent trends show that firms are facing a new wave of lawyers doing more due diligence of firms prior to accepting (and even rejecting) offers. While law firms scrutinize resumes of potential candidates, they may themselves be subject to deeper review.
The Gender Pay Gap: Strategies for Avoiding and Addressing Pay Inequity in the Workplace
As we commemorate Women’s History Month, one issue that is top of mind for many employers is the increased focus on the gender pay gap, writes Mariah Berry, a senior associate at Muskat Devine. In this article, the management-side labor and employment attorney presents four effective strategies employers can utilize to reduce their risk in the evolving legal landscape of pay equity laws.
Narrowing the Scope: The SEC Finalizes Its Climate Disclosures Rule
Following a nearly two-year wait, the Securities and Exchange Commission released its Final Rule — The Enhancement and Standardization of Climate-Related Disclosures for Investors — on March 6. The Final Rule requires publicly listed U.S. companies and foreign private issuers to disclose certain climate-related information in their registration statements and annual reports. This article identifies five key takeaways from the Final Rule.
To Interview or Not to Interview — The $1.675 Million Question
Does the law protect a deaf applicant before the interview even commences? Yes. In fact, the Equal Employment Opportunity Commission recently secured a jury verdict of $1,675,000 against a major distribution company for violating the Americans with Disabilities Act based on its refusal to interview a qualified deaf applicant. This article identifies five ways employers can train their hiring personnel to ensure compliance.
An Opportunity to Honor Those Who Charted the Path Forward
“As we honor Black History Month, let us not only celebrate the achievements of trailblazers and visionaries but also commit ourselves to dismantling barriers and creating a more equitable future for all,” writes Imani Maatuka of Sidley Austin. In this personal essay, Matuuka reflects on the circumstances she was born into that helped her pursue the law and discusses why it’s important to pay it forward to those with less favorable circumstances.
Pictured: Maatuka as a toddler with her parents at her mother’s law school graduation.
How the Changing Law of Chevron Deference Might Affect Texas
In January the U.S. Supreme Court heard oral arguments in two matters that could significantly change how federal courts are to review decisions made by federal agencies. Chevron deference has often allowed federal agencies to “fill gaps” and implement policy decisions where the statute may not be express. However, the issues before the Supreme Court in Loper Bright Enterprises and Relentless, Inc. call the doctrine’s viability into question.
2023: A Year in Review for Trade Secret Litigation
2023 confirmed that, in some ways, trade secret litigation remains the Wild West for litigants. Large verdicts and unsettled law have made this a popular venue for plaintiffs. 2023 did little to disrupt the status quo.
IRS Leans “Green” — Much-Awaited Section 45V Guidance Creates New Opportunities for Hydrogen Markets
The proposed regulations address many gating questions, including providing rules for determining lifecycle greenhouse gas emissions rates resulting from hydrogen production processes and the introduction of qualified “energy attribute certificates” to ensure feedstock electricity source eligibility.
What to Know About Wearables for the New Texas Privacy Act
As people head back to the gym to meet their New Year resolutions, more wearable devices are used, but what are their privacy concerns?