Delaware Court of Chancery: Corporate Officers Have Duty of Oversight, and Sexual Harassment Is a Breach of Fiduciary Duty

In a first-of-its-kind ruling from earlier this year, the Delaware Court of Chancery (i) clarified that corporate officers of Delaware corporations (like corporate directors) are subject to the fiduciary duty of oversight, and (ii) held that sexual harassment by an officer constitutes bad-faith conduct breaching the duty of loyalty.[1] In...

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New York State’s Lawful Absence Law

New York State Assembly Bill A8092B, referred to as New York State’s Lawful Absence Law, recently went into effect.[1] The Law, which amends New York Labor Law §215, prohibits employers from threatening, penalizing, discriminating, or retaliating against employees for any lawful absences under federal, state, or local law, including legally...

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Can Anti-Abortion Organizations Discriminate Against Employees Based on Reproductive Healthcare Decisions?

Last year, I wrote about a case challenging New York’s reproductive healthcare nondiscrimination bill on First Amendment freedom of speech grounds. Now, in a related case, the Second Circuit recently held that the law may violate the right to freedom of “expressive association” for certain anti-abortion employers. The law in...

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