Samuel Estreicher

June 06, 2023 | New York Law Journal

Writing on Israel's courts, two contributors say that enduring change, in the absence of a highly unlikely constitutional convention to establish more circumscribed roles for the legislative and judicial branches, will be in tailoring the reforms to sound principles of liberal or republican democracy.

By Samuel Estreicher and Tal Fortgang

5 minute read

May 26, 2023 | New York Law Journal

Designees can seek reconsideration or delisting, and many are taken off the lists, but the process on the U.S. side is more opaque.

By Samuel Estreicher and Brett Cohen

10 minute read

April 12, 2023 | New York Law Journal

In Walton v. Roosevelt University, 2023 IL 128338 (Mar. 23, 2023), the Illinois Supreme Court has ruled that the Illinois Biometric Information Privacy Act, 740 ILCS 14/1 (Privacy Act) protections do not apply to union-represented workers because claims under the Privacy Act may require interpretation of their collective bargaining agreement with their employer and are preempted by Section 301 of the Labor Management Relations Act (LMRA), 29 U.S.C. Section 185.

By Samuel Estreicher

4 minute read

March 21, 2023 | New York Law Journal

The scope of the proposed rule is quite broad: the agency estimates that 49.4% of American firms use such clauses purporting to bind nearly 30 million workers in this country. Currently, noncompete contracts are governed by state law: three states (California, North Dakota and Oklahoma, as well as the District of Columbia) outright ban their enforcement, aside from a few narrow exceptions.

By Samuel Estreicher and Zachary Garrett

7 minute read

January 23, 2023 | New York Law Journal

The TVPA has been amended several times. Two relatively recent amendments provide a private right of action for victims under 18 U.S.C. §1595, as well as extraterritorial application to offenses taking place outside the United States under 18 U.S.C. §1596. The most recent circuit court to offer its reading of these provisions is the Ninth Circuit in 'Keo Ratha v. Phatthana Seafood Co., Ltd.'

By Samuel Estreicher and Anuja Chowdhury

9 minute read

July 07, 2022 | New York Law Journal

"We propose two measures: (1) stationing at least one police officer at each turnstile (or set of turnstiles), around the clock, and (2) installing weapons screeners at every subway station."

By Samuel Estreicher and Zachary Garrett

7 minute read

June 02, 2022 | New York Law Journal

The new law raises a host of legal, practical, and political questions as to the continuing viability of agreements to arbitrate claims of sexual harassment and assault—and employment disputes more broadly.

By Samuel Estreicher, Rex Heinke and Susan Yorke

7 minute read

May 26, 2022 | New York Law Journal

Because employers must seriously consider their employees' religious and medical accommodation requests on a case-by-case basis, more attention should be given to vaccine alternatives that will permit employees to do their jobs effectively without risking the safety of their coworkers or overburdening their employers.

By Samuel Estreicher and Troy Kessler

13 minute read

February 09, 2022 | New York Law Journal

Are statutory procedural rights generally waivable by contract outside of arbitration? The Second Circuit's recent decision in 'Estle v. International Business Machines' suggests they may be.

By Samuel Estreicher and Andrew Vaccaro

7 minute read

November 15, 2021 | New York Law Journal

This is the first time in OSHA's history that it has required employee vaccinations.

By Samuel Estreicher and Ryan Amelio

20 minute read