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Fair Housing Act Permits Disparate Impact Liability
For nearly 50 years, the Fair Housing Act has been a weapon available to individuals, community groups and governmental entitles seeking to combat housing discrimination. Among the targets of Fair Housing Act litigation have been landlords, co-op and condominium boards, local governments, and publishers of allegedly discriminatory advertisements. Until this past term, however, the United States Supreme Court had not resolved a basic question about the statute's meaning: Does the statute require a showing of discriminatory intent or discriminatory treatment, or can a plaintiff prevail by establishing the discriminatory effect or disparate impact of the defendant's action, even without a showing of discriminatory treatment? In Texas Department of Housing and Community Affairs v. Inclusive Communities Project, Inc, the Court, over the objection of four dissenting justices, held that proof of discriminatory intent or treatment was not essential to a Fair Housing Act claim.
The majority and dissenting opinions marshaled conflicting evidence to support their respective statutory construction arguments. There is not space in this article to rehash or evaluate those arguments. Instead, my focus is on the implications of the Inclusive Communities decision for future Fair Housing Act litigation.
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Yachts, Jets, Horses & Hooch: Specialized Commercial Leasing Models
Defining commercial real estate asset class is essentially a property explaining how it identifies — not necessarily what its original intention was or what others think it ought to be. This article discusses, from a general issue-spot and contextual analysis perspective, how lawyers ought to think about specialized leasing formats and the regulatory backdrops that may inform what the documentation needs to contain for compliance purposes.
Hyperlinked Documents: The Latest e-Discovery Challenge
As courts and discovery experts debate whether hyperlinked content should be treated the same as traditional attachments, legal practitioners are grappling with the technical and legal complexities of collecting, analyzing and reviewing these documents in real-world cases.
Identifying Your Practice's Differentiator
How to Convey Your Merits In a Way That Earns Trust, Clients and Distinctions Just as no two individuals have the exact same face, no two lawyers practice in their respective fields or serve clients in the exact same way. Think of this as a "Unique Value Proposition." Internal consideration about what you uniquely bring to your clients, colleagues, firm and industry can provide untold benefits for your law practice.
Risks and Ad Fraud Protection In Digital Advertising
The ever-evolving digital marketing landscape, coupled with the industry-wide adoption of programmatic advertising, poses a significant threat to the effectiveness and integrity of digital advertising campaigns. This article explores various risks to digital advertising from pixel stuffing and ad stacking to domain spoofing and bots. It will also explore what should be done to ensure ad fraud protection and improve effectiveness.
Turning Business Development Plans Into Reality
This article offers practical insights and best practices to navigate the path from roadmap to rainmaking, ensuring your business development efforts are not just sporadic bursts of activity, but an integrated part of your daily success.