Appeals Court Reinstates OSHA Emergency Vaccine And Testing Requirements For Large Employers

The Sixth Circuit Court of Appeals lifted a stay put in place by the Fifth Circuit that prevented OSHA from enforcing its Emergency Temporary Standard (“ETS”). This means OSHA may now move forward with the  vaccine, testing and other requirements for employers with 100 or more employees while challenges to the rule are litigated simultaneously. Because of the uncertainty due to litigation, OSHA has extended the compliance deadline to January 10 and, in a statement on its […]

By | January 10th, 2022 ||

New York Court Of Appeals Rules That $140 Million Disgorgement Payment To SEC Is Not An Uninsurable ‘Penalty’

On Nov. 23, the New York Court of Appeals held in a 6-1 ruling that an investment firm’s $140 million disgorgement payment to the Securities and Exchange Commission (SEC) was not a “penalt[y] imposed by law” under the firm’s wrongful act insurance policies, and thus was not necessarily excluded from coverage.1In 2006, Bear, Stearns & Co. and Bear, Stearns Securities Corporation made a $160 million disgorgement payment to settle charges that they had facilitated […]

By | December 9th, 2021 ||

Court Of Appeal Defines Standard Of Review For PAGA Settlements

On November 30, 2021, the California Court of Appeal (First District) issued its decision in Moniz v. Adecco USA, Inc., Case No. A159410, 2021 WL 5578298, which defines the standard for courts to apply when reviewing settlements under the Private Attorneys General Act (PAGA). In a published decision, the Court of Appeal held that the trial court must ensure that the settlement is “fair, reasonable, and adequate in view of PAGA’s purposes to remediate present […]

By | December 9th, 2021 ||