Lieb Offering Attorney CLE - Navigating Failure-to-Accommodate Housing Discrimination Lawsuits

Attorney Andrew Lieb's CLE course through Lawline on “Navigating Failure-to-Accommodate Housing Discrimination Lawsuits.” has hundreds of 5 star reviews!

Attorneys can register for the 2 Credit CLE here.

Overview

Discrimination litigation is happening everywhere, every day, across the United States. Did you know that a subset of discrimination litigation, failure-to-accommodate litigation, has nothing to do with discriminatory intent whatsoever? This means that defendants across the country are losing cases, and countless amounts of monetary damages/penalties, because they just don't know the rules of the game. It means that you, a licensed attorney, may even be discriminating against others without knowing it.

This two-hour CLE will teach you how to play the game and then, you can offer invaluable advice and counsel services to your clients whether they be landlords, property managers, HOA-coop-condo boards, tenants, buyers, or sellers. 

According to the CDC, 26% of US adults have some type of disability, which could qualify an individual to request a reasonable accommodation and/or modification in housing. When they do, are you ready to navigate the process and make smart decisions along the way? After this CLE, you will be ready.

Learning Objectives: 

1. Articulate the definition of a cognizable cause of action for failure-to-accommodate housing discrimination

2. Identify case law to analyze each element of a failure-to-accommodate housing discrimination claim and apply facts to the case law

3. Prepare and conduct an interactive process / cooperative dialogue in responding to a request for accommodation/modification

4. Navigate divergences between Federal, State, and Local law in failure-to-accommodate claims

Lieb at Law is Hiring! Litigation Associate

Job description: Associate Attorney or Senior Associate Attorney

Role Overview:

Lieb at Law, P.C. is a small but powerful firm, tackling high-stakes cases that require both sharp legal expertise and a hands-on approach. We are seeking an Attorney with over 4 years of litigation experience, particularly in complex motion practice, oral arguments, depositions, and nuanced areas of law. The ideal candidate thrives in high-profile litigation and embraces a collaborative, “no job is too small” mindset. In this role, you will work directly with our dedicated team on cases that challenge the status quo and make a tangible impact. This position offers significant rewards for those who are ready to roll up their sleeves and contribute at every level, from motion practice to trial, offering an exceptional opportunity to influence case law and be part of landmark decisions.

Responsibilities:
- Handle litigation efforts across Plaintiff, Defense, and Appellate cases.
- Focus on fields such as Civil Rights/Discrimination, Employment, Real Estate Litigation, Real Estate Brokerage, and Commercial Litigation.
- Draft and manage pleadings, oversee discovery, draft and oppose motions, participate in ADR and administrative proceedings, and prepare for trials and appeals.
- Present compelling oral arguments and conduct thorough depositions.
- Collaborate effectively within a supportive and collegial team environment.

Requirements:
- Juris Doctor (JD) from an accredited law school.
- Admission to the New York State Bar.
- 4+ years of litigation experience within a private law firm setting.
- Extensive experience in drafting sophisticated legal motions and managing complex cases.
- Proficiency in legal research, with experience using Westlaw as a plus.
- Strong organizational, critical thinking, and persuasive communication skills, both written and verbal.
- Familiarity with employment litigation, discrimination litigation, real estate litigation, and commercial litigation is highly advantageous.

About Lieb at Law, P.C.:
Lieb at Law, P.C. is a leader in legal innovation, dedicated to advocating for victims of discrimination and offering expertise across a wide array of legal sectors. We merge cutting-edge technology with a deeply personal approach to deliver top-tier, cost-efficient representation. Our firm's success is fueled by our commitment to confidence, grit, and unmatched skill, providing our team with state-of-the-art tools for collaboration and research.

Our attorneys are not only formidable in the courtroom but also contribute to the broader legal community. Our managing partner serves as a media legal analyst, and our attorneys are respected educators across various platforms. At Lieb at Law, P.C., we continuously adapt to the ever-changing legal landscape, ensuring our clients receive the strategic advantage they deserve.

Why Join Us?
At Lieb at Law, P.C., you’ll be immersed in a dynamic environment from day one, engaging in challenging cases that not only sharpen your litigation skills but also have the potential to shape the legal landscape. We leverage cutting-edge technology, including AI, to enhance our legal strategies and efficiency, allowing you to focus on high-impact work. You will work on cases that extend beyond legal proceedings, offering opportunities to drive policy changes and promote societal progress. Our team is a diverse group of seasoned professionals deeply committed to mentorship and the personal and professional growth of every member.

Job Type: Full-time in Smithtown, New York

Pay: $115,000.00 - $165,000.00 per year

Email CAREERS@liebatlaw.com to apply. 

DOJ's Corporate Enforcement and Voluntary Self-Disclosure Policy

DOJ just launched the Corporate Whistleblower Awards Pilot Program to reveal and prosecute corporate crime. 

Companies should take advantage of Self-Disclosure to earn a presumption of a declination – avoidance of prosecution – by voluntarily notifying the DOJ of corporate misconduct initially reported to them by internal whistleblowers.

In order to qualify for a declination under the DOJ’s Corporate Enforcement and Voluntary Self-Disclosure Policy, companies must self-report the business’s misbehavior unearthed internally within 120 days of that whistleblower report. Additionally, the company self-reporting must occur prior to the agency contacting them and the company must pay out the amount that would be forfeited, unlawfully obtained funds, as well as any victim compensation payments stemming from the corporate misconduct.

All employers should immediately update their internal policies to motivate corporate self-reporting and internal whistleblowing by workers.

College Athletes Are Employees Due Minimum Wage

In ruling that College Athletes may be entitled to sue for unpaid compensable work and recover minimum wages, plus double damages called liquidated damages, and attorneys' fees, for the prior 2-years (3-years if violations were found to have been willful), the 3rd Circuit Court of Appeals, in Johnson v. NCAA, held "that college athletes may be employees under the FLSA when they (a) perform services for another party, (b) “necessarily and primarily for the [other party’s] benefit,” Tenn. Coal, 321 U.S. at 598, (c) under that party’s control or right of control, id., and (d) in return for “express” or “implied” compensation or “in-kind benefits,” Tony & Susan Alamo Found., 471 U.S. at 301 (quotation omitted)."

This is the biggest decision to impact college sports since the NCAA responded to the SCOTUS decision in NCAA v. Alston by allowing athletes to profit from their name, image, and likeness (NIL) with direct endorsement deals followed by the National Labor Relations Board (NLRB) taking the position that college athletes are employees for purposes of the National Labor Relations Act (NLRA) and forming unions / engaging in concerted activity. 

Yet, the biggest takeaway from Johnson v. NCAA isn't the newsworthy headline about college athletes, but instead, its analysis of what types of work must be paid, for everyone. 

Simply, the Circuit Court has instructed us that in most instances, "efforts that provide tangible benefits to identifiable institutions deserve compensation." In fact, the Circuit Court dispensed with the NCAA's nonsensical argument that the students were paid in other forms by receiving "increased discipline, a stronger work ethic, improved strategic thinking, time management, leadership, and goal setting skills, and a greater ability to work collaboratively" because those benefits "are all exactly the kinds of skills one would typically acquire in a work environment." In all, the Circuit instructed to always "look to the economic realities of the relationship," "upon the circumstances of the whole activity," when determining if a person is defined as an employee entitled to payment for work. Additionally, it is true that an employee must be promised or expect compensation for their work, but importantly, that compensation is not limited to money and can be instead, the receipt of in-kind benefits, where the promise or expectation can be implied and needn't be expressly stated / written. 

Johnson is a big win for unpaid workers everywhere in the US. 

NDAs May Violate Whistleblower Laws

Whistleblowers are not blocked from NDAs.

The Consumer Financial Protection Bureau (CFPB) released Consumer Financial Protection Circular 2024-04, which warns that NDAs may violate whistleblower laws if they do not have appropriate carve-outs. 

A provision of the Consumer Financial Protection Act (CFPA) safeguards whistleblowers from retaliation by financial firms for reporting financial misconduct that violates the CFPA.

The CFPB’s circular noted that companies may impose NDAs on employees for permissible reasons (such as the protection of sensitive trade secrets), but they need to explicitly afford employees the freedom to communicate or cooperate with law enforcement regarding internal misconduct could disincentive whistleblowing and violate federal whistleblower laws such as the CFPA.

To read the whole circular, click here.

To contact an attorney today

Real Estate Lending Valuations Guidance

On July 18, 2024, the Consumer Financial Protection Bureau and 4 other government agencies issued guidance to financial institutions about Reconsiderations Of Value (ROVs) in the real estate lending process to avoid litigation for deficient valuations. 

ROVs are valuation reports, which includes reconsideration of appraisals, evaluations, and other means to determine the value of residential property. Specifically, ROVs are a response to a request for a follow-up valuation, after an initial valuation exists to gauge the value of real estate or loan collateral offered by a party seeking a loan. 

The guidance suggests policies and procedures for lenders to address information unconsidered in an initial valuation or identify flaws in an original valuation because accurate valuations of collateral are key to the lending process and avoiding litigation.  

A valuation may be deficient due to unlawful discrimination under both the Equal Credit Opportunity Act (ECOA) and the Fair Housing Act (FHA). In fact, the guidance suggests that complaints of discrimination should be addressed by routing those complaints "to the appropriate compliance, legal, and appraisal review staff," in addition to processing the ROV. Such unlawful valuations can prevent the acquisition of loans lenders, blocking potential buyers from purchasing or refinancing homes. 

To read the entire guidance, click here.