Andrew Lieb offers CLE: Risk-Informed DEI: Balancing Legal Exposure and Organizational Culture

Attorney Andrew Lieb is teaching a CLE for the New York State Bar Association: Risk-Informed DEI: Balancing Legal Exposure and Organizational Culture

📅 Wednesday, April 16, 2025

🕧 12:30 p.m. – 1:45 p.m. ET

📍 Webinar

📚 1.5 MCLE Credits

This program covers how to navigate the intersection of Diversity, Equity, and Inclusion initiatives with legal compliance in NYS while navigating the complex national landscape . We’ll break down the legal risks tied to DEI programs and how to design strategies that align with both culture and law.

If you’re working on employment policies, advising clients, or managing legal exposure around DEI, this session is built for you.

Register Here

NAR: Clear Cooperation Stays But With a New Loophole

The National Association of Realtors ("NAR") is shaking up how real estate brokers market properties. After months of debate, NAR announced it will keep its Clear Cooperation Policy ("CCP"), the rule that requires agents to put listings on the MLS within one business day of publicly marketing them. But there's now a twist: NAR is adding a new option called “delayed marketing exempt listings.”

Under the new policy, sellers can opt to delay marketing their property on third-party listing sites that pull data from MLS for a period set by the local MLS. However, the property will still be visible on MLS to MLS participants and subscribers, meaning brokers and agents can still access it. How is this new? Well, the public won’t see it right away on sites like Zillow. This gives sellers and their agents more control over when the listing hits the wider market.

For brokers, this opens up some interesting strategies. A delayed listing could give sellers more time to prepare their property or test the waters with select buyers before going fully public. On the flip side, this could limit public exposure, potentially reducing competition and impacting the final sale price.

Brokers, be aware of the compliance requirements. If a seller opts for delayed marketing, they’ll need to sign a disclosure stating they understand the tradeoff: they’re waiving the benefits of immediate public marketing. It’s also worth keeping an eye on how local MLSs handle the days-on-market ("DOM") rule. Some might count the delayed period toward DOM, which could make a listing look older faster.

At the end of the day, this new policy gives brokers and sellers more flexibility, but with some new risks. Will delayed listings benefit sellers by giving them more control? Or will they reduce transparency and limit buyers’ access to inventory? Let us know your thoughts in the comments. 

Corporate Beneficial Ownership Reporting Changes: Who’s In, Who’s Out, and What You Need to Know

If you’re running a business or involved in corporate compliance, you’ve likely been keeping an eye on the Corporate Transparency Act ("CTA") and its requirements for reporting beneficial ownership information ("BOI"). Well, here’s some news you might welcome: the Financial Crimes Enforcement Network ("FinCEN") has made a change that affects when and how companies need to comply.

The big change is that domestic reporting companies and their beneficial owners are now exempt from filing initial, updated, or corrected BOI reports. This means that these companies no longer have to comply with the CTA’s reporting requirements. Domestic companies, whether corporations, LLCs, or other entities formed by filing with a state or tribal office, are no longer considered "reporting companies" under the Reporting Rule.

For foreign reporting companies, the new rule brings a couple of important exemptions:

• Foreign companies are not required to report the BOI of U.S. persons who are beneficial owners.
• Similarly, U.S. persons are not required to provide their BOI to foreign reporting companies.

In other words, foreign companies with only U.S. person beneficial owners are entirely exempt from BOI reporting. If a foreign company has individuals with substantial control who are non-U.S. persons, those non-U.S. persons must be reported, but U.S. persons with substantial control do not need to be included.

For foreign reporting companies, the filing deadline has been extended. They now have until 30 days after the publication of this rule, which was March 26, 2025, extending the deadline to April 25, 2025, or 30 days after their registration to do business in the U.S., whichever comes later, to submit their BOI reports.

Exemption Summary: 

• Domestic reporting companies and their beneficial owners: Exempt from all BOI reporting.
• Foreign reporting companies: Not required to report BOI of U.S. persons.
• Foreign companies with only U.S. person beneficial owners: Entirely exempt from BOI reporting.
• Foreign pooled investment vehicles: Exempt from reporting BOI of U.S. persons with substantial control.

FinCEN is also inviting comments from the public and plans to issue a final rule later this year. If you’d like to read the full rule or submit comments on the rule, click here. 

What do you think about this temporary exemption? Let us know in the comments!

NAR's Delayed Marketing Exempt Listings Rule & Office Exclusive Exempt Listing - Anticompetitive Practices?

Did MLS just engage in anticompetitive practices as to online listing platform companies, like Zillow, Realtor.com, Homes.com, Redfin, and Trulia, by permitting sellers to elect off of public marketing through an Internet Data Exchange (IDX) while simultaneously requiring sellers (without any election option) to have their listings shared between MLS participants and subscribers? 

Previously, and since 2020, the MLS Clear Cooperation Policy had required brokers to submit listings to MLS, within one (1) business day of publicly marketing the listing, and all listings were immediately available on the IDX. This policy is no more.

Now, and at least as of September 30, 2025, NAR has established the Delayed Marketing Exempt Listings Rule where all listings will be required to be available through the MLS to all participants and subscribers, but not by IDX if the seller signs a disclosure agreement (also, the seller disclosure prevents brokers from engaging in syndication).  

This IDX / MLS dichotomy results in giving the MLS (and its participants and subscribers) a clear advantage over other online platforms (and non-NAR / MLS real estate licensees) where the result likely will steer consumers towards working with real estate licensees affiliated with NAR, to the detriment of non-NAR / MLS real estate licensees, because that is who will have the most up-to-date information.

It is acknowledged that MLS does also permit consumers to elect to have an Office Exclusive Exempt Listing, which permits a seller to have their property only marketed with their brokerage for a set period of time. However, unlike the Delayed Exempt Listings Rules, any act of public marketing on the Office Exclusive Exempt Listing, such as putting up a sale sign on the property, ends the Office Exclusive Exempt Listing resulting in immediate sharing throughout the MLS with participants and subscribers, but not necessarily on the IDX. 

Is it time for Sitzer 2.0? 

 

Reverse Discrimination - DEI Discrimination at Work per EEOC

 Recent guidance from the Equal Employment Opportunity Commission (EEOC) highlights the importance of understanding your rights, as a majority group plaintiff (white, male, heterosexual, etc.),  under Title VII of the Civil Rights Act of 1964. Specifically, EEOC just released What To Do If You Experience Discrimination Related to DEI at Work and What You Should Know About DEI-Related Discrimination at Work. 

While DEI programs aim to foster inclusive workplaces, they can inadvertently lead to discriminatory practices against majority group employees, if not implemented carefully.

5 Key Takeaways from the EEOC's Guidance:

1. Equal Protection for All: Title VII's protections extend to all workers, regardless of race, sex, or other protected characteristics. The EEOC emphasizes that there is no separate category of "reverse" discrimination, there is only discrimination where majority employees have rights to be free from discrimination and to recover damages if they fall victim.
2. DEI Initiatives Must Be Lawful: Any DEI initiative, policy, program, or practice that motivates employment actions based on race, sex, or another protected characteristic can be deemed unlawful. As such, calling an initiative DEI does not insulate the employer from suit. 
3. "Diversity" as a Business Necessity Is Not a Defense: Employers cannot justify discriminatory actions by claiming a business necessity or interest in "diversity," including client or customer preferences. This is the most essential takeaway.
4. Hostile Work Environments: DEI training itself can create a hostile work environment if it contains discriminatory content, application, or context.
5. Retaliation Protection: Employees who oppose unlawful DEI policies or practices are protected from retaliation under Title VII.

It is crucial to understand that if you believe you have experienced discrimination related to DEI at work, you have the right to seek legal counsel and, to prevail, it's highly advisable that your attorneys are intimately familiar with the McDonnell Douglas Framework in today's climate.

As discussed by Andrew Lieb in the Lawline course, "Reverse Discrimination: McDonnell Douglas in Trump's America," understanding the McDonnell Douglas framework is essential to successfully navigate discrimination claims. This framework, while complex, provides a structure for establishing discrimination, even in situations where the discrimination is not overt. In fact, the EEOC's recent guidance reinforces the importance of this framework. 

If you have been limited, segregated, or classified by your employer based on protected characteristics within DEI programs, you should consult with an attorney immediately. This applies to being denied hiring, promotion, compensation, fringe benefits, access or exclusion from training, access to mentorship or sponsorship or networking, internships, selection for interviews, and job duties or work assignments, as well. In fact, if you were selected for firing or demotion because you were a white, male, heterosexual, or any other traditionally majority characteristic, that is actionable discrimination.  

Don't forget that discrimination laws protect against retaliation where state laws often provide even more protection that just Title VII. So, reverse discrimination victims in the New York City finance & legal world should know that the New York State Human Rights Law protects their future careers if they speak out by creating a further lawsuit against any employer that discloses a personnel file or any other form of discrimination to punish someone for opposing discrimination.

Lieb at Law is Hiring: AI-Driven Litigation Law Clerk (1L and 2L)

Future-Proof your legal career at Lieb at Law, P.C. 

The legal profession is evolving, and the attorneys who thrive will be those who embrace AI-driven litigation. Lieb at Law, P.C. is seeking ambitious 2L law students to join our firm, part-time, during the school year and full-time during the summer before their 3L year. This role offers a hands-on opportunity to learn how to leverage AI in litigation—from reviewing discovery and drafting motions to developing cutting-edge legal strategies.

Why This Matters for Your Career:

Legal AI isn’t replacing lawyers, but it is replacing outdated legal tasks. If you’re memorizing case law or drafting simple contracts, AI will soon do that faster. The attorneys who thrive in the next era of law will be those who know how to prompt AI effectively, extract the right insights, and use technology to win cases. This role will teach you those skills—making you indispensable as a future litigator.

About the Role: You will be embedded in our high-stakes litigation practice, working alongside seasoned trial attorneys and complex litigators on business disputes, employment litigation, discrimination cases, and real estate litigation. You'll get practice experience evaluating potential claims, crafting legal arguments, engaging in complex litigation strategy and discovery - while also mastering AI tools that will define the next legal revolution.  

Standout Skill Set: 

• Learn how to prompt AI for legal research, discovery analysis, and motion drafting.
• Develop litigation skills that will go beyond the basics, real case strategy, not just boilerplate writing.
• Get exposure to high-profile cases that shape law and policy.
• Work closely with top attorneys and see how cases are won.

Key Responsibilities:.

• Analyze discovery, draft motions, and refine legal arguments
• Screen potential clients and claims to assess case viability and understand what really makes a lawsuit worth pursuing
• Draft tailored legal memoranda, pleadings, and motions (not cookie-cutter templates, but case specific nuanced arguments)
• Engage in discovery strategy, reviewing and responding to crucial case documents
• Work on high-impact cases, including:
  • Civil Rights/Discrimination: Advocating for victims of unlawful discrimination.
  • Employment Litigation: Handling wrongful termination, wage disputes, and whistleblower claims
  • Real Estate Litigation: Navigate contract battles and real estate brokerage claims
  • Commercial Litigation: Tackle business disputes, contract breaches, and fiduciary duty violations

Who Should Apply?

• 2L Law Students looking for part-time school year opportunity and a full time summer clerkship
• 1L Law Students can apply 
• Ambitious students eager to contribute creatively and intellectually to complex litigation cases
• Critical thinkers who want to do real nuanced litigation work
• Curious and resourceful over achievers who want to future-proof their legal career

The Opportunity:

Those who excel in this role may be offered an Associate Attorney position after they graduate, at the sole discretion of the firm. We are looking for the next generation of litigators and if you're ready to take on the future of law, we want to meet you. 

Why Join Lieb at Law, P.C.?

• Invaluable Training: Learn how to evaluate cases and identify the key facts that make them worth pursuing—knowledge that sets the foundation for a successful legal career.
• Tailored Approach: Work on unique, non-boilerplate cases that require creative thinking and nuanced solutions.
• Real-World Impact: Contribute to high-profile litigation that shapes case law and policy.
• Cutting-Edge Tools: Leverage AI-driven legal technology to streamline work and improve outcomes.
• Supportive Team: Work in a collaborative environment that prioritizes mentorship and professional growth.
• Career Advancement: Successful clerks will have the opportunity to transition into an entry-level Associate Attorney position after law school.

About Lieb at Law, P.C.

Lieb at Law, P.C. is a boutique litigation firm recognized for handling high-profile cases for individuals, businesses, and publicly traded companies. From advocating for civil rights to navigating complex business disputes, our firm is dedicated to creating real impact in the legal field.

Our attorneys are licensed in New York, New Jersey, Connecticut, and Colorado, appearing in state and federal courts, as well as before regulatory agencies, real estate boards, and arbitration companies. We take pride in our innovative approaches, including leveraging artificial intelligence, to remain at the forefront of the legal industry.

Encouraging 1L and 2L law students to apply. Send cover letter and resume to careers@liebatlaw.com