Samuel Estreicher

September 16, 2024 | New York Law Journal

"Positional conflicts can be a major barrier to firms participation in pro bono work involving direct delivery of services, but the barrier is one rooted more in perception rather than legal analysis of ethics rules," write Samuel Estreicher and Samuel Ball.

By Samuel Estreicher and Samuel Ball

14 minute read

August 14, 2024 | New York Law Journal

"On one level, this is a troubling case because the arbitration clause seems to foreclose or severely limit plan participants right to seek plant-wide relief under ERISA Sections 502(a) and 409(a)," writes Samuel Estreicher.

By Samuel Estreicher

7 minute read

April 30, 2024 | New York Law Journal

A pending Second Circuit case will likely decide whether employers facing a preliminary injunction proceeding brought by the National Labor Relations Board can obtain court-sanctioned discovery from rank-and-file employees of their views of the "chilling effect" of particular employer actions on their willingness to support the union seeking to organize them.

By Samuel Estreicher and Peter Rawlings

6 minute read

April 11, 2024 | New York Law Journal

Section 1595(a) of the TVPRA provides a civil remedy against perpetrators and anyone who "knowingly benefits, financially or by receiving anything of value from participation in a venture which that person knew or should have known has engaged in an act in violation." The use of a "knowingly benefits" standard of liability is fairly novel and raises some important questions.

By Samuel Estreicher

8 minute read

February 22, 2024 | New York Law Journal

The SEC continues to broaden the use of forfeiture of executive compensation as a regulatory tool with an increased emphasis on making employers do the clawing-back themselves.

By Samuel Estreicher and Samuel Ball

6 minute read

January 30, 2024 | New York Law Journal

On Jan. 1, 2024, the Biden administration's DOL issued its final regulation on who is an employee versus who is an independent contractor. The regulation rescinds the Trump administration rule because, according to the administration, it emphasized two factors in a manner unsupported by the agency's traditional multifactor view and case law, and was inconsistent with the DOL's emphasis on "economic dependence" as a principal guidepost.

By Samuel Estreicher

6 minute read

December 20, 2023 | New York Law Journal

In his Foreign Relations Law column, Samuel Estreicher discusses two cases out of the Southern District of New York, in which the court entered a judgment of $16.1 billion in damages against Argentina (one of the largest—if not the largest—judgments in the court's history) relating to conduct occurring nearly entirely outside the United States.

By Samuel Estreicher

6 minute read

November 15, 2023 | New York Law Journal

This article highlights how, with diversity initiatives under scrutiny after 'Students for Fair Admissions', many are wondering whether diversity-conscious recruiting remains permissible under Title VII.

By Samuel Estreicher, Erin Connell and Alexandria Elliott

8 minute read

November 06, 2023 | New York Law Journal

In his Foreign Relations Law column, Samuel Estreicher discusses how a Ninth Circuit panel in 'Doe I v. Cisco Systems' recently gave new life to the Alien Tort Statute, which has become a major focus of human rights litigation seeking redress for injuries levied by violators of international law norms.

By Samuel Estreicher

6 minute read

August 16, 2023 | New York Law Journal

The U.S. Supreme Court's recent decisions striking down racial preferences in admission decisions at Harvard and North Carolina universities raise considerable concern over the impact of these rulings on affirmative action not only in college admissions but also in employment decisions.

By Samuel Estreicher

7 minute read