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O’Melveny Team Authors Two-Part Article on Disparate-Impact LiabilityNovember 12, 2015 In Part I of the article, "Robust Causality and Cautionary Standards: Why the Inclusive Communities Decision, Despite Upholding Disparate-Impact Liability, Establishes New Protections for Defendants," published in the November 2015 Banking Law Journal, O'Melveny & Myers’ Elizabeth McKeen, Bimal Patel, and Ashley Pavel illustrate the defendant-facing protections of the recent Inclusive Communities decision by examining disparate-impact claims that previously survived dismissal. This first part of the article provides background on the issue prior to the ruling, discusses the decision, and explains that Inclusive Communities articulates a more demanding standard for asserting a disparate-impact claim.
McKeen is Managing Partner of O'Melveny's Newport Beach office and the Co-Chair of the Financial Services Practice. Patel is the Head of the Financial Advisory and Regulation Practice and specializes in matters related to financial services, public policy, and political strategy. Pavel is a counsel in O’Melveny’s Newport Beach office and a member of the Financial Services Practice.