Member and Chair of Mintz’s ESG practice group, Jennifer B. Rubin and Associate Greer Clem co-authored an article published by Corporate Counsel covering the crime-fraud exception to attorney-client privilege. The authors summarized, "An important and long-standing exception to the attorney-client privilege, the crime-fraud exception, bears examination in the post-Dobbs world. The crime-fraud exception divests attorney-client privilege of confidentiality when a lawyer’s advice facilitates a client’s crime...The crime-fraud exception to attorney-client privilege therefore merits attention for counsel, who should consider the potential areas of risk and some mechanisms to protect the confidentiality of these communications."

Earlier this year we wrote on the U.S. Supreme Court’s decision in Viking River Cruises, Inc. v. Moriana that struck a major blow to California’s Private Attorneys General Act (“PAGA”). Now on the heels of the Viking River decision, California officials have announced that a proposed law to overhaul PAGA, called the California Fair Pay and Employer Accountability Act (“Act”), will be put on a referendum to the voters in November 2024. The Act proposes in large part to repeal PAGA, including PAGA’s mechanism that allows an employee to sue in civil court on the state’s behalf to enforce the California Labor Code and seek penalties for doing so. Mintz attorneys Jennifer Rubin and Mike Flesuras highlight why PAGA is under fire, what the Act would change, and some key takeaways for employers to combat PAGA lawsuits leading up to the 2024 ballot.  

In previous posts (available here and here) we reported on some of the legal consequences from Dobbs v. Jackson Women’s Health Organization on employer-sponsored group health plan coverage of abortion-related travel benefits. In this post, Mintz attorneys Alden Bianchi, Greer Clem, and Jen Rubin address the larger concern related to the legality of these benefits in the face of a burgeoning number of states seeking to extend their extra-territorial reach to bar or even criminalize individuals who provide abortion-related travel. 

This article provides a brief summary of the public comments submitted to the SEC regarding the Commission's proposed climate-related rules, and analyzes and summaries the key points the comments conveyed.

With the Supreme Court’s decision reversing Roe v. Wade, employers may find themselves navigating complex benefits and tax-related issues. Our Employment, Labor & Benefits team examines what employers will confront if they seek to amend group health plans, or adopt new plans, programs or arrangements, in an effort to facilitate employee reproductive choice in a post-Roe v. Wade environment.

The U.S. Supreme Court has given businesses with California employees the option (at least for now) to avoid employee-initiated court proceedings under California’s Private Attorneys General Act (PAGA). The California-based members of Mintz’s Employment, Labor & Benefits team share what California employers need to know.

California's statutory governance initiatives were dealt another blow after both corporate governance diversity efforts — a female representation mandate and underrepresented community mandates — were struck down.  Now that both statutes have been invalidated corporate boards and the stakeholders and communities those boards serve are asking what is next for statutory governance initiatives?

There is no “one size fits all” approach with respect to board responsibility for ESG oversight, say Mintz attorneys Megan Gates, Jacob Hupart, and Jen Rubin. Some may form a new committee, some may give the duties to an existing committee, or still others might have each board member assume all ESG responsibilities. In any case, they say, investors are raising the stakes on ESG matters.

Jen Rubin, chair of Mintz’s ESG practice group, looks at the recent California court decision striking down the state’s law mandating corporate board seats for underrepresented communities. She says boards still need to dedicate themselves to a meaningful process for seating the right board and offers suggestions for ways to ensure community representation.

The New York City Commission on Human Rights has released a Fact Sheet entitled Salary Transparency in Job Advertisements, which provides much-welcomed guidance to employers on the NYC Salary Range Transparency Act.  Some questions, however, remain unanswered.