Business Litigation Report: September 2013

09/06/2013 / Business Litigation Practice Group

 

 

 

Court Dismisses EEOC’s Disparate Impact Claims Based on Criminal Background and Credit Checks

By Andrew D. Moran

 

In an opinion which sharply criticized the Equal Employment Opportunity Commission’s attempted use of statistics to support its discrimination claims based on criminal background and credit checks, the U.S. District Court for the District of Maryland granted summary judgment to Freeman, Inc. on the EEOC’s race and sex discrimination claims under Title VII of the Civil Rights Act of 1964.  EEOC v. Freeman, D. Md., No: 8:09-cv-02573, 8/9/13.  The EEOC has taken the position that employers’ use of credit and conviction records in making employment decisions can have the effect of discriminating against minorities, and such information should be considered only in limited circumstances. To read more, click here.


The Next Wave: Are We Facing Another Round of Big Chapter 11 Bankruptcies?
By Jay Reding

 

While the American economy continues to grow at a tepid pace, the filing rate for both personal and business bankruptcies has slowed dramatically.  As banks have cleared many, but certainly not all, of their problem loans and have curtailed lending activity, the main driver of small- and medium-business bankruptcies has slowed.  However, like death and taxes, bankruptcy is not going to go away.  The retail sector appears to be primed for the next wave in bankruptcy filings, and that means that vendors, suppliers, and other creditors should be prepared.. To read more, click here.

 

 


Business Litigation Department Attorneys:

Phyllis Karasov
Email
952-896-1569

 

Jon S. Swierzewski

Email 
952-896-3280

 

Andrew D. Moran
Email
952-896-1541

Daniel J. Ballintine

Email 
952-896-3288

 

 

Cynthia M. Klaus

Email
952-896-3392

 

Susan E. Tegt
Email
952-896-3325

 

Kenneth

Corey-Edstrom

Email
952-896-3380

 

Dayle Nolan (Ms.)

Email 
952-896-3275

 

Glenna L. Gilbert
Email
952-896-3283

 

 

John A. Cotter

Email 
952-896-3340

 

 

Paul R. Smith

Email
952-896-3318

 

Michael C. Jackman

Email
952-896-3374 

 

 

Lauris A. Heyerdahl
Email
952-896-1529

 

James M. Susag

Email
952-896-1572

 

John A. Kvinge
Email
952-896-1554