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EEOC Tells Court that Employers Could Be Required to Submit EEO-1 Pay Data by September 30

Client Alert | 1 min read | 04.04.19

In response to an April 3 court-ordered deadline to provide further guidance to employers regarding their EEO-1 filing obligations, the EEOC filed a submission with the court yesterday proposing that employers be required to submit 2018 EEO-1 compensation data by September 30, 2019. The agency indicated that it will hire a contractor, at a cost of over $3 million, to collect the data “including providing the processes, procedures and systems to undertake and close the collection by September 30, 2019.” The EEOC is awaiting a ruling on whether its proposal is acceptable, and has not, as yet, provided any further guidance to employers about the process, so stay tuned for further details in the coming days.

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Client Alert | 4 min read | 08.13.26

Supreme Court Confirms Contractual Loss of Bargain Without Repudiatory Breach

English law has long treated the choice between terminating for repudiatory breach and exercising a contractual termination right as consequential. Under the Financings[1] causation principle, a party exercising a contractual right for a non-repudiatory breach could recover losses accrued to the date of termination — but nothing more. Loss of bargain was out of reach unless the breach went to the root of the contract. A practical workaround, confirmed in Lombard,[2] was to designate the relevant obligation as a condition, elevating any breach to repudiatory status, but that device carries significant strategic risk if the termination is later found to have been wrongful....

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