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Go West! Delaware Forum Selection Clause Nullified by California Constitution

On July 29, 2020, the Superior Court of California, County of Los Angeles, handed down a decision with potentially great significance to parties to contracts with Delaware forum selection clauses. West v. Access Control Related Enterprises, LLC In 2017, plaintiff William West (“West”) sued his former employer, Access Control Related Enterprises, LLC (“ACRE”) in California,…

Client Alerts | September 3, 2020 | Commercial and Corporate Litigation | Employment Litigation

Helping Clients Navigate COVID-19 (Updating)

Kleinberg Kaplan is working closely with our clients to provide counsel and guidance during these unprecedented times. A selection of our recent thought leadership pieces related to the implications of COVID-19 includes: Corporate Considerations  The PPP Just Got Better (June 10, 2020): Chris Davis, Dov Kleiner, Uri Rosenwasser and Benjamin Goldman discuss the key highlights of the…

Client Alerts | August 18, 2020 | Business Restructuring and Reorganization | Creditors’ Rights and Bankruptcy Litigation | Derivatives | Distressed Real Estate Assets | Employment Litigation | Estate Planning and Administration | Hedge Funds | Investment Management | Investor Activism | Leasing | Mergers & Acquisitions | Nonprofit and Tax-Exempt Organizations | Private Equity Funds | Securities and Corporate Finance | Special Situations and Credit

Kleinberg Kaplan Partner Marc Rosen featured in Board Agenda

Kleinberg Kaplan partner Marc Rosen was recently published in Board Agenda. His article #MeToo Continues: Why Sexual Harassment Is a Growing Litigation Risk discusses how corporations and their officers and directors can get embroiled in compliance-related, securities fraud cases by motivated investors trying to capitalize on the #MeToo movement. As Rosen states, these litigants contend…

Firm News | July 15, 2020 | Risk Management | Commercial and Corporate Litigation | Employment Litigation

Supreme Court Declares Discrimination Against Gay and Transgender Individuals in the Workplace “Defies the Law”

On Monday, June 15, 2020, the Supreme Court of the United States handed down a monumental decision in Bostock v. Clayton County, Georgia, declaring that any employer who discriminates on the basis of sexual orientation or gender identity violates Title VII of the Civil Rights Act of 1964 which protects individuals in the workplace from…

Client Alerts | June 25, 2020 | Risk Management | Employment Litigation

#MeToo Breaks New Ground for Corporate Liability Under Federal Securities Laws

The legal landscape has changed dramatically since the commencement of the #MeToo movement. Companies’ potential exposure to employment law liability has significantly increased, but now employment claims are not the only ones requiring the attention of the corporate world. A new ground for liability against corporations and their high-level executives has emerged under the federal securities…

Client Alerts | June 17, 2020 | Risk Management | Commercial and Corporate Litigation | Employment Litigation

COVID-19: Important Changes to Employment Laws

Federal and state laws have quickly evolved to offer relief to various groups of employees unable to work due to the 2019 novel coronavirus (COVID-19) pandemic. The following summary is intended to be a general guideline, as there are nuances which may affect each particular situation. New York State has recently passed emergency legislation to provide sick…

Client Alerts | March 23, 2020 | Employment Litigation

In Somers, the Supreme Court Narrows the Law Governing Retaliation Against Whistleblowers – but the Ruling May Hurt Employers in the Long Run

Overview: On February 21, 2018, the U.S. Supreme Court issued its ruling in Digital Realty Trust, Inc. v. Somers, resolving disagreement among the Second, Fifth and Ninth Circuit Courts of Appeals and the SEC concerning the scope of the anti-retaliation provisions of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010, applicable to…

Client Alerts | February 23, 2018 | Employment Litigation | Hedge Funds