In 2022, the Supreme Court upended decades of precedent on the waiver of arbitration rights. For more than 60 years, the Second Circuit (and the vast majority of its sister courts) had focused on “proof of prejudice” to the opposing party as the key factor for waiving arbitration rights. In […]
Despite lawyers repeated admonishment to get agreements in writing and signed, commercial relationships continue to be forged through informal discussions and handshake deals. Enter the treacherous Statute of Frauds. As the Second Department’s recent decision in Dimas Tower, Inc. v. North Shore Towers Apartments Incorporated, 249 A.D.3d 690 (N.Y. App. […]
Succession planning is a routine part of workforce management. But when do legitimate business plans shade into illegitimate age discrimination? A recent decision from the Southern District of New York examined this gray area in Fass v. Northwell Healthcare System, No. 24 CV 257 (VB), 2025 WL 2084740 (S.D.N.Y. July […]
The Second Circuit has made it more difficult for employers to defeat Americans with Disabilities Act (“ADA”) failure-to-accommodate claims at the summary judgment stage. In Tudor v. Whitehall Central School District, 132 F.4th 242 (2d Cir. 2025), the Second Circuit became the latest appellate court to hold that an employee’s […]
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, […]