Retaliation Claims: Implications of Key Recent Federal Decisions & State Law Developments

February 24, 2026 11:30am

David D. Bibiyan
Attorney
Bibiyan Law Group PC (California)

Toni J. Jaramilla
Attorney
Toni Jaramilla, A Professional Law Corp. (California)

Cathleen Scott
Managing Partner
Scott Law Team (Florida)

Gayane Ghandilyan
Senior Managing Attorney
Bibiyan Law Group, P.C. (California)

Moderator:

Joshua M. Friedman
Partner
Phillips & Associates (New York)

Retaliation claims continue to be among the fastest-growing areas of workplace litigation—and courts and legislatures are reshaping the rules in ways that create both opportunities and pitfalls for plaintiffs’ counsel. This session delivers a practical update on the most important federal decisions and state law developments across major jurisdictions. From California’s employee-friendly shift in statutory retaliation standards, to new anti-retaliation provisions in Illinois and expanded protections in New York, Florida’s changing definition of protected activity, prevailing party fees and proposed legislation, to federal rulings that recalibrate burdens of proof and damages, you’ll gain the insights you need to sharpen pleadings, survive summary judgment, and maximize case value at trial or settlement.

Key discussion areas include:

  • How to leverage recent federal appellate and Supreme Court rulings to strengthen causation and damages arguments in retaliation cases
  • Why California’s new, more favorable standard of review for statutory retaliation claims gives plaintiffs greater leverage than common-law wrongful termination theories
  • A review of claims under Title VII, Florida Civil Rights Act and Florida Whistleblower
  • The latest statutory and case law changes in New York, Illinois, Texas, and Florida—and how to integrate them into multi-count complaints
  • Practical strategies for discovery, jury instructions, and settlement negotiations tailored to these developments
  • Common defense arguments and traps to anticipate—and how to counter them effectively