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BERRY: OSHA, Title VII, and Limits on Vaccine Mandates

Boyden Gray & Associates (BG&A) partner Jonathan Berry was recently interviewed on the National Catholic Bioethics Center’s (NCBC) podcast, Bioethics on Air, to discuss the Biden Administration’s vaccine mandates. In a two-part interview, Berry explained to NCBC ethicist Jozef Zalot the government’s authority to impose vaccine mandates generally, BG&A’s specific challenge to the OSHA ETS vaccine mandate, and the Title…

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BERRY: New ERISA Proposal Pushes ESG Over Workers’ Retirement Security, Dec. 13, 2021.

Boyden Gray & Associates partner Jonathan Berry, formerly head of rulemaking at the United States Department of Labor, filed a letter commenting on the DOL’s proposed Employee Retirement Income Security Act (ERISA) regulation on December 13, 2021. In the letter, Berry decries the rule’s privileging of so-called “Environmental, Social, Governance (ESG)” factors as unlawful and undermining the retirement security of…

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GRAY & BERRY: For True Equality, Reject Misguided Notions of ‘Equity’, Newsweek, May 4, 2021

C. Boyden Gray and Jonathan Berry published an editorial in Newsweek on May 4, 2021 arguing that to establish true equality we must reject notions of “equity”. They write, The idea that equal outcomes—or “equity”—should be achieved at the expense of equal opportunity has come to be the dominant view of the American intelligentsia, especially with regard to race. Vice…

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GRAY & BERRY: Nasdaq’s Boardroom Diversity Push Isn’t Evidence-Based, April 29, 2021

C. Boyden Gray and Jonathan Berry published an editorial in the Wall Street Journal on April 29, 2021 arguing Nasdaq’s recent diversity push is not evidence based. They write, Progressive approval apparently means a lot to Nasdaq, which has officially proposed to its regulator—the Securities and Exchange Commission, newly chaired by Gary Gensler—to increase boardroom diversity through a “regulatory approach.”…

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BERRY: The First Week of the Biden Administration

Boyden Gray & Associates partner Jonathan Berry published a retrospective on the first week of President Biden’s new administration in First Things on Friday, January 29, 2021. The piece analyzes what week-one executive actions might signal about the administration’s tendencies, especially regarding the Democratic Party’s sometimes conflicting priorities and future regulatory actions. For example, Berry explains: Biden’s team has ordered…

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