On August 18, 2023, the Fifth Circuit, sitting en banc, reversed longstanding Fifth Circuit precedent limiting actionable instances of discrimination under Title VII to so-called “ultimate employment decisions,” […]
Second Circuit Upholds the Enforceability of an Arbitration Filing Deadline, and Finds Litigants Cannot Evade Arbitral Confidentiality Rules in Court Filings
On August 4, 2023, in In re IBM Arbitration Agreement Litigation, the Second Circuit upheld an arbitration agreement that required employees to arbitrate any claims arising from their […]
Second Circuit Holds that Employee’s Release Agreement Superseded Agreement to Arbitrate in Prior Commercial Agreement
On January 22, 2024, the Second Circuit held, in The Resource Group International Ltd. v. Chishti, that a forum selection clause in a settlement agreement can supersede a […]
Federal Circuit Provides Guidance on Patentability of Recombinant Host Cells | Haynes Boone
On Feb. 20, 2026, the United States Court of Appeals for the Federal Circuit (“Federal Circuit”) issued a thoughtful analysis of biotechnology subject-matter eligibility in REGENXBIO, Inc. v. […]
Fifth Circuit Vacates SEC Approval of Nasdaq’s Board Diversity Rules
On December 11, 2024, the Court of Appeals for the Fifth Circuit, sitting en banc, struck down Nasdaq rules requiring listed companies to report certain board of director […]
TPS Pendulum Swings as the Ninth Circuit Sides with DHS and Restores Certain Terminations
In our recent post on Through the Immigration Lens, we discussed the uncertainty created after the district court’s December 31, 2025 decision restoring Temporary Protected Status (TPS) for […]
Second Circuit Confirms Whistleblower Activity Must Have Causal Relationship With Termination Decision For Sarbanes-Oxley Retaliation Claims
On February 10, 2025, the U.S. Court of Appeals for the Second Circuit issued a decision in Murray v. UBS Securities, LLC finding that, for Sarbanes-Oxley whistleblower retaliation […]
7th Circuit Changes Standard for Notice of Proposed Collective Actions
On August 5, 2025, in Richards v. Eli Lilly & Co., No. 24-2574, 2025 WL 2218500 (7th Cir. Aug. 5, 2025), the United States Court of Appeals for […]
Sixth Circuit Departs from Circuit Weight of Authority and Limits Title VII Liability for Non-Employee Harassment
On August 8, 2025, the United States Court of Appeals for the Sixth Circuit held that Title VII of the Civil Rights Act of 1964, 42 U.S.C. § […]
OSHA Cannot Issue Citations Relating to Employee Work on Rail Cars, Eighth Circuit Says
Seyfarth Synopsis: In MFA Enterprises, Inc. v. OSHRC, No. 24-3107 (8th Cir. 2025), the Eighth Circuit Court of Appeals vacated OSHA citations related to hazards faced by employees […]