"Disparate Impact" Theory Available In Age Discrimination Cases
Client Alert | less than 1 min read | 04.07.05
Resolving a split in the circuit courts, a divided Supreme Court in Smith v. City of Jackson, (Mar. 30, 2005) held that the "disparate impact" theory of liability, which does not require a showing of discriminatory intent, applies to claims asserted under the Age Discrimination in Employment Act (ADEA). However, the Court noted that "the scope of disparate-impact liability under ADEA is narrower" than under Title VII of the Civil Rights Act of 1964, due to statutory language in ADEA that permits employers to take "otherwise prohibited" employment action where the "differentiation is based on reasonable factors other than age," such as seniority or rank.
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Client Alert | 6 min read | 12.22.25
Emerging Legal Issues for Skilled Nursing Facilities in New York: A Year in Review
The regulatory environment for skilled nursing facilities (SNFs) is shifting rapidly, creating challenges and uncertainties for providers across the country—and especially those in New York. While the Trump administration has rolled back federal nurse staffing mandates, state-level requirements remain in full force, and new federal ownership disclosure rules are set to take effect in January 2026. Even as federal enforcement slows, state regulators appear primed to intensify oversight of nursing home operators by enhancing Certificate of Need (CON) review processes.
Client Alert | 14 min read | 12.22.25
European Commission Proposes Biotech Act to Boost Health Biotechnology in the EU
Client Alert | 11 min read | 12.22.25
European Commission Proposes Simplifying the Rules on EU Medical and In-Vitro Diagnostic Devices
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Second Circuit Expands District Court Review of Magistrate Judge Report and Recommendations
