The Second Circuit recently reinforced the broad scope of the Equal Employment Opportunity Commission’s (“EEOC”) investigative authority under Title VII. In In re AAM Holding Corp., 153 F.4th 252 (2d Cir. 2025), the court held that the EEOC may continue investigating a discrimination charge, including issuing and enforcing administrative subpoenas, […]
Can a plaintiff serve a Chinese defendant by email under Federal Rule of Civil Procedure 4(f)(3)? According to the Second Circuit, the answer is “No.” In a matter of first impression with potentially significant impact on intellectual property and e-commerce litigation involving foreign sellers, the court held that service on […]
Can a court’s findings in connection with an early-stage preliminary injunction motion form the basis of a summary judgment decision later in the case? According to the Second Department, the answer is “No.” In a recent case arising from a dispute over a covenant not to compete, the appellate court […]
As litigators with extensive experience resolving business divorces and partnership disputes, there is an all too common mea culpa we hear from our clients: We did not see the need to engage sophisticated counsel at the outset to delineate each party’s rights and obligations because the partnership was among friends […]
One of the most aggressively litigated issues in arbitration law is the scope of the Federal Arbitration Act (“FAA”). A particularly hot button topic is the construction of Section 1 of the FAA, aka the transportation worker exception, which excludes “contracts of employment of seamen, railroad employees, or any other […]