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Dinsmore & Shohl LLP | July 2023

At the end of its 2023 term, the United States Supreme Court handed down several buzz-worthy decisions. Two opinions may have substantial and lasting impacts on employers and their efforts to promote diversity and inclusion. In Groff v. DeJoy, Postmaster General, the Court addressed religious accommodation and clarified the parameters of its “undue burden” standard set forth in its prior decision in Trans World Airlines, Inc. v. Hardison, 432 U. S. 63 (1977). 2023 U.S. LEXIS 2790 ...

Shoosmiths LLP | July 2023

Shoosmiths’ energy & infrastructure partner Chris Pritchett hosted a panel discussion at the UK Solar Summit, focused on how public and private sector organisations are capitalising on solar carports. Chris joined 350 solar energy professionals at the inaugural event to take stock of the rapid progress the industry is making towards a decarbonised energy system, as well as evaluating the obstacles that are threatening to impede that progress ...

Shoosmiths LLP | July 2023

‘Flexibility becomes the norm as businesses look to build resilience in their real estate portfolio and workplace strategy.’ That is the key takeaway from Colliers’ recently released Global Occupier Outlook 2023 report, which found that two-thirds of corporate occupiers active in EMEA anticipate that up to 20% of their commercial real estate portfolio will move from traditional leases to flex leases within the next five years ...

Shoosmiths LLP | July 2023

"Leave this to me, I'm British… I know how to queue."{1} The Energy Services Operator (ESO) recently published a consultation which sets out a vision of medium-term reform for connections to (or affecting) the Transmission Network, whether they are directly connected or embedded ...

Zoltan Balazs Kovacs prepared a summary to the key questions regarding the EU Whistleblowing Directive and the related change of legislation in Hungary with the act entering into force on 24 July 2023. 1 ...

Dinsmore & Shohl LLP | July 2023

On June 29, 2023, the Supreme Court of the United States handed down its much-anticipated decision in Abitron Austria GmbH, et al. (“Abitron et al.”) v. Hetronic International, Inc. (“Hetronic”) regarding the extraterritorial reach of the Lanham Act, the comprehensive trademark statute in the United States ...

Shoosmiths LLP | July 2023

‘Quiet quitting’ is a trend that has emerged in recent years where people stop going above and beyond in their daily work. They do not actually quit their job, but simply perform the bare minimum in favour of a better work-life balance. There are several reasons which might motivate an individual to start this process and experiencing menopausal symptoms is, understandably, fast becoming one of them ...

Buchalter | July 2023

Section 230 of the Communications Decency Act was enacted in 1996 to provide websites with immunity from liability arising from posting third-party content. For a service provider to be immune, however, the information at issue must be provided by another information content provider. This begs the question of whether website operators provide the content on their platforms or act solely as intermediaries for third-party content ...

Shoosmiths LLP | June 2023

As part of Rail Safety Week 2023, Health and Safety specialist Hayley Saunders looks at personal liability and how employees across all levels of a business can make a difference by positive individual contribution to workplace culture. Below is a summary of key takeaways from the webinar. Responsibility for workplace safety rests with employers and employees alike ...

Dinsmore & Shohl LLP | June 2023

In its second major False Claims Act decision in as many weeks, the Supreme Court sided with the Department of Justice in U.S. ex rel. Polansky v. Executive Health Resources, Inc., holding that the government may move to dismiss actions over the objections of the relator (whistleblower) even in cases where the government initially declined to intervene ...

Dinsmore & Shohl LLP | June 2023

The Supreme Court of the United States has denied a plea[i] to resolve a 20-year circuit split regarding the extent to which the Copyright Act preempts private contracts involving a promise not to copy digital content.  The case stemmed from the petitioner Genius’s allegation that Google copied song lyrics from Genius’s website without permission and used them in connection with Google’s competing website ...

Buchalter | June 2023

June 29, 2023 By: Leah Lively and Alexandra Shulman As of June 27, 2023, employers must offer additional protections to employees affected by pregnancy, childbirth, or a related medical condition under a new federal law—the Pregnant Workers Fairness Act (“PWFA”) ...

Plesner | June 2023

  More than a month after the G7 meeting in Hiroshima, the EU has reached an agreement on the 11th sanctions package against Russia following the Russian invasion of Ukraine. The key focus in the novel sanctions package is the mitigation of diversion and circumvention risks. The 11th sanctions package has been much anticipated since the G7 meeting at the end of May 2023 ...

ALTIUS/Tiberghien | June 2023

The Supreme Court (“Hof van Cassatie/Court of Cassation”) overruled on 26 May 2023 a decision that determined that Article 1722 (old) Civil Code (a partial or total “destruction” of the leased premises) does not apply for the tenant that can not operate its premises due to the measures taken by the Belgian Government in order to prevent the spread of the COVID-19 pandemic, because there was only a temporary impossibility and thus only a temporary loss of enjoyment ...

Dinsmore & Shohl LLP | June 2023

Krysta Gumbiner is a litigation partner at Dinsmore. She co-wrote this article for DRI's June issue of For The Defense. A surety may allow its bond principal to negotiate settlements with claimants after the surety has received a payment or performance bond claim ...

In Dubin v. United States, the Supreme Court gave a narrowing construction to a federal statute, 18 U.S.C. § 1028A.  This statute provides that whomever, “during and in relation to any [predicate offense], knowingly transfers, possesses, or uses, without lawful authority, a means of identification of another person” is a guilty of a crime ...

Arendt & Medernach | June 2023

Disclaimer: To provide employers with quick and practical information about how to comply with their obligations between now and the entry into force of the Law (as defined below), this newsflash has been prepared on the basis of Bill of law n°7890 as debated and voted on in Parliament on 13 June 2023 ...

Shoosmiths LLP | June 2023

Employers may be tempted to think that, compared to a human, using technology produces more accurate results faster and that it should be embraced at all costs. While tech can be a valuable aide, care is needed particularly when it comes to recruitment. Can technology lawfully screen applications? When it comes to recruitment, any way to quickly and accurately sort through applications to identify viable candidates is a benefit to employers ...

In October 2022, the Virginia Supreme Court decided the case of Hawkins v. Town of South Hill (view the opinion here), which fundamentally alters 40 years of precedent in the Commonwealth concerning what is considered confidential and not subject to production in response to a Virginia Freedom of Information Act (“FOIA”) request. Earlier this month, the Circuit Court issued its decision on remand in light of the Virginia Supreme Court’s decision in Hawkins ...

What is workplace artificial intelligence or AI? In its simplest form, AI in the workplace is the use of technology or software to monitor employees’ work performance, gather data, problem-solve, or aid in decision making ...

Employers must be cautious in disciplining employees for offensive or abusive conduct directed at management in the workplace in light of standards recently reestablished by the National Labor Relations Board (“NLRB”).   On May 1, 2023, via its supplemental decision in Lion Elastomers LLC, 372 NLRB No ...

While employers cannot police all employee conduct outside the workplace, employee interactions outside of work can – and do – impact the work environment. Indeed, under certain circumstances, inappropriate conduct by an employee outside the workplace may still subject an employer to liability. What constitutes actionable discrimination or harassment, triggering potential employer liability, is often a murky question ...

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