Publications
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10.13.2023Updated Language to Federal Rule of Evidence 702: What Litigators Should KnowUpdatesFederal Rule of Evidence 702, which governs expert testimony in federal court, is getting a facelift. The amended FRE 702 goes into effect later this year. In this Update, we review what has changed, as well as takeaways for litigants looking to introduce expert testimony in federal courts.
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07.19.2023Three Questions About the Recent Attorneys General Letter Related to DEI ProgramsUpdatesOn July 13, 2023, 13 attorneys general signed a public letter voicing opposition to employers’ use of diversity, equity, and inclusion plans. The letter alleges that the U.S. Supreme Court’s recent decision banning race-based affirmative action in college admissions implicates corporate DEI programs.
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07.05.2023Seven Pressing Questions Following the Supreme Court’s Admissions DecisionUpdatesOn June 29, 2023, the Supreme Court issued its landmark decision in two cases challenging universities’ consideration of race as a factor in student admissions: Students for Fair Admissions v. President and Fellows of Harvard College; and Students for Fair Admissions v. University of North Carolina.
Wage & Hour Developments
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Eighth Circuit Pushes Back Against Using More Experienced Comparators in EPA Claims
In O’Reilly v. Daugherty Systems, the U.S. Court of Appeals for the Eighth Circuit[1] ruled that, for purposes of the Equal Pay Act (EPA) claim, greater experience can serve as a legitimate reason for a pay differential on March 29, 2023. Affirming the district court’s grant of summary judgment for the defendant, the Eighth Circuit...