CORPORATE DIVERSITY ROLES have been eliminated at a greater rate than other positions as companies seek to lower headcount and costs amid stubbornly high inflation and rumblings of a possible recession, according to a recent study. For many corporations, the layoffs show that commitments to workplace diversity and inclusion initiatives made after George Floyd’s murder are fading, Khorri Atkinson reports. - Over the last six months, more than 300 DEI professionals have exited companies across the economy, including Amazon.com Inc., Twitter Inc., and Nike Inc., per research from workforce analytics firm Revelio Labs.
- Observers are questioning whether pledges made during the wave of protests in 2020 were merely reactionary, superficial moves to lower reputational risk. The situation could get complicated at companies where investors have pushed for disclosure of workforce diversity data.
- Dialing back on DEI commitments also could affect hiring and undercut the morale and output of remaining staff, said Jean Lee, president and CEO of the Minority Corporate Counsel Association, which advocates for diversity in C-suites. “That affects your brand and communication,” said Lee, who advises employers.
- Employment attorneys said employers risk exposing themselves to litigation, particularly over bias issues, because DEI leaders often spot pitfalls and report unaddressed workplace issues. Read More
TWO CASES, worlds apart in locale and details, lay bare the chaos and cruelty of the US adult guardianship system. Legal fees can absorb huge portions of guardianship estates and deplete the funds of adults under court control, Ronnie Greene and Holly Barker report in the fourth part of our five-story investigative series. - Artist Peter Max, now suffering from dementia, purportedly consented to having neutral guardians oversee his multimillion-dollar estate as his memory faltered and his finances fell into disarray. His guardians and their lawyers have since billed millions of dollars amid the family’s legal squabbles, suits, and countersuits.
- In southern Indiana, Sara Abbott, who has a form of autism, lives with her mother in a small house and gets by on $1,200 a month from Social Security disability payments. She’s pushing to terminate her guardianship after a tense journey. Her former guardian billed at a rate of 91% of her total income during an 8-month period while questioning the family’s spending on everything from roof repair to buying a used car.
- Their stories reveal the emotional and financial risks guardianships entail. In a system of lax regulation and oversight, it doesn’t matter how much money people have or how carefully loved ones watch over them; guardianships can evolve into costly quagmires where disputes over fees and control undermine the case’s core mission. Read More
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VIVIA CHEN’S latest Unfiltered column dives into a new book from NYU Law professors Kenji Yoshino and David Glasgow that offers a road map to discussing race, gender, and justice in an age of hypersensitivity. “As a man, I feel I do have to be more careful than 15 years ago—but that’s good,” Yoshino told Vivia. “Before, the discomfort would be borne by the woman. There’s now the democratization of discomfort.” Read More
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The Florida law that bans gun sales to people between 18 and 20 years old is constitutional, the Eleventh Circuit said Thursday. Read More
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Exclusive TikTok Inc. is lawyering up internally as it copes with mounting scrutiny from US legislators and regulators keen on curtailing Chinese influence. Read More
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The Senate Judiciary Committee again delayed consideration of a nominee who would be the first Black woman federal district judge in Washington state, as the Democratic-led panel continues to lack a tie-breaking vote. Read More
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New York City’s pension fund system for retired city workers is plagued by ballooning costs stemming from redundancies. Read More
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Global accounting and consulting giant Ernst & Young will forge ahead with plans to break up the $45 billion firm, even as it reconsiders how to carve up its tax practice following pushback from US leaders. Read More
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Deep Dive President Joe Biden has been touting his new 15% alternative minimum tax on the nation’s most profitable companies. But some big oil-and-gas companies like Occidental Petroleum and Marathon Oil likely won’t be subject to the new tax this year. Read More
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Deep Dive The fate of a lawsuit claiming a song called “My Poops” rips off the Black Eyed Peas’ “My Humps” may hinge on pending US Supreme Court guidance on fair use questions that have long bedeviled courts and attorneys alike. Read More
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They’ve Got Next: The 40 Under 40 | Call For Nominations
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YOU’VE GOT MORE TIME to submit nominations for the 2023 installment of “They’ve Got Next: The 40 Under 40,” our special report highlighting the next generation of legal leaders. The new deadline for nominations is 8 p.m. EST on Thursday, March 16. Questions? Executive Editor Lisa Helem answers Frequently Asked Questions about the special report, including how we evaluate nominations. Want to learn about earlier honorees? Check out our 2022 and 2021 editions here and here.
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What's in Biden's $6.9T Soak-the-Rich Budget Salvo?
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PRESIDENT JOE BIDEN showed little inclination for compromise in a $6.9 trillion budget proposal that marked a defiant opening salvo in high-stakes negotiations with congressional Republicans over the debt ceiling and government funding, Justin Sink and Erik Wasson report. - Core goals include extending the solvency of Medicare, lowering prescription drug prices, and cutting the deficit by $3 trillion over the next decade. A host of tax increases were proposed, including nearly doubling the capital-gains rate for those making at least $1 million, a 25% minimum tax on billionaires, and creating a new top income tax bracket at 39.6% for those making over $400,000.
- Biden’s proposals, destined to be rejected by congressional Republicans, also would hike the corporate tax rate to 28%, from 21%. Read More
Here are other highlights of the fiscal 2024 budget plan: - Antitrust: Biden envisions a $100 million increase for the Justice Department’s antitrust division to continue his focus on enforcing against companies’ anticompetitive conduct. Read More
- Drug Prices: Biden’s plan would ramp up efforts to curb what Medicare and Medicaid pay for medicines, in addition to increasing funding for the Department of Health and Human Services to extend certain health programs. Read More
- Judicial Security: The federal Judiciary is asking for an extra $12.4 million to improve physical security of the US Supreme Court and further protect the justices. Read More
- EPA Funding: Biden wants the Environmental Protection Agency to hit a record mark of $12 billion. That would amount to a 19% increase over its current level. Read More
- Labor: The blueprint calls for the Labor Department to receive $15.1 billion, an 11% boost. The president also asked Congress to address pandemic unemployment fraud and an uptick in child labor abuses. Read More
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Perspectives from Legal Practitioners, Law Professors and Other Thought Leaders
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Opinion As part of Bloomberg Law’s multipart investigation of adult guardianship, we asked law professors and the ABA to analyze what reforms, resources, and out-of-court solutions would better serve vulnerable populations. Robert Dinerstein, Deborah Enix-Ross, Nina Kohn, and Ellie Lanier share their views. Read More
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Opinion As part of Bloomberg Law’s multipart investigation of adult guardianship, we asked law professors to analyze the role guardianship plays in states, how well courts oversee implementation, and what legal reforms are needed. Naomi Cahn, Rebekah Diller, and Deirdre Smith share their views. Read More
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With the latest installment of the EU’s anti-tax avoidance directive likely to become its next tax focus area, private equity firms should prepare for more questions about whether their structures they are genuine and whether decisions on where to locate holding companies reflect reality, say Orla O’Connor, Alistair Pepper, and Raluca Enache of KPMG LLP. Read More
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