Second Circuit Takes Narrow View of In-State/In-City “Impact” Required for New York Discrimination Claims

Our Firm has recently reported (here and here) on courts’ application of the New York State Human Rights Law (NYSHRL) and the New York City Human Rights Law (NYCHRL) to nonresident plaintiffs asserting employment discrimination claims, and specifically on courts’ interpretation of the rule announced in Hoffman v. Parade Publications...

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Second Circuit Finds Procedural Error in Judgement Based on Pre-Motion Proceedings

Only rarely do decisions of the United States Court of Appeals for the Second Circuit delve into the realm of pre-motion letters and pre-motion conferences.  But that’s what happened recently in Kowalchuck v. Metropolitan Transportation Authority.[1]  The court’s ruling there provides helpful guidance on pre-motion issues and related procedural safeguards....

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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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