No More Secret Arbitrations of Workplace Sexual Misconduct Disputes

Chalk one up to the #MeToo movement. On February 10, the U.S. Senate approved the End Forced Arbitration of Sexual Assault and Sexual Harassment Act (“abbreviated” as the “EFASASHA”), which President Biden is expected to sign into law. This statute fundamentally transforms how most employers will have to resolve workplace disputes involving sexual harassment and sexual assault claims. ‘Forced Arbitration’ […]

Can Ghislaine Maxwell Get a New Trial for Child Sex Trafficking?

In December 2021, after a trial in the U.S. court for the Southern District of New York, a jury convicted British socialite Ghislaine Maxwell of child sex trafficking and other crimes related to her relationship with American financier Jeffrey Epstein. A few days later, a juror known as Scotty David revealed that he had been a victim of sexual abuse and shared […]

When Is a Facebook Page a Public Forum? … and Other Legal News You May Have Missed

Is an office holder’s personal Facebook page a public forum with implied guarantees of public access and free speech? On Feb. 25 a federal appeals court said no. Jeff Swanson, chairman of the Otero County Democratic Party in New Mexico, sued Couy Griffin, a county commissioner and co-founder of Cowboys for Trump, for blocking Swanson from his private Facebook page. Facebook […]

Pro-Pot Votes on Capitol Hill … and Other Legal News You May Have Missed

On April 1, the U.S. House passed a bill to end the federal ban on marijuana. But it’s probably not time just yet to pop a Champagne cork or fire up a fatty. Despite the House passage and despite a recent Gallup poll showing that more than two-thirds of Americans favor legalization, the U.S. Senate appears poised to just say no. The House […]

A Food Fraud Flap in Minnesota … and Other Legal News You May Have Missed

The FBI is investigating at least 15 nonprofit organizations in the Minneapolis-St. Paul area for what it calls a “massive fraud scheme” to siphon off millions of government dollars meant to feed needy children. Investigators from the FBI and other agencies raided 15 homes and offices in the Twin Cities after obtaining search warrants. In affidavits obtained by the New York […]

Can You Sue Over a Lack of Chick-fil-A at the Airport?

Is the lack of a Chick-fil-A restaurant at the San Antonio International Airport a concrete, particularized injury sufficient to grant would-be customers standing to sue? We do not know yet, but Texas courts may have to grapple with that question. In 2019, the San Antonio City Council was tasked with approving an agreement allowing a concessionaire to contract with various […]