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Tenth Circuit Decision Good News for Hospitals Not Willing to Allow Permanent Telecommuting in the Pandemic’s Wake

USA - April 30 2021 As the world anticipates a gradual return to normalcy, there are numerous questions about the extent to which the “new normal” will look like the…

If You Don’t Ask the Court to Compel Arbitration or Stay the Case Pending Arbitration, You May Lose Any Right to an Interlocutory Appeal Under the FAA

USA - January 27 2021 The Sixth Circuit closed out 2020 with a decision that contains a warning for litigators to make sure they’re asking for an enumerated remedy under…

David B. Honig, Jake B. Kolisek.

“No Claims Means No False Claims”—and No FCA Whistleblower Protection

USA - January 26 2021 On January 19, 2021, the U.S. Court of Appeals for the Eleventh Circuit in Hickman v. Spirit of Athens dismissed a whistleblower retaliation claim…

David B. Honig, Heather D. Mogden, Lauren Rodriguez.

New Work from Home Norms Raise Questions about Remote Work as a Reasonable Accommodation under the ADA

USA - October 7 2020 Before the pandemic, it had long been understood that, in most cases, employers may validly view reporting to work as an essential job function. That…

Supreme Court Holds Discrimination Based on Sexual Orientation and Gender Identity Illegal Under Title VII

USA - June 16 2020 On Monday, June 15, 2020, the U.S. Supreme Court resolved three cases addressing whether discrimination based on sexual orientation and gender…

Robin M. Sheridan.