A California appeals court held Tuesday that employers can seek a second medical opinion after a doctor determines a worker is fit to return from a Family and Medical Leave Act absence, a ruling lawyers say gives companies much-needed flexibility to undertake a detailed evaluation of a worker’s fitness instead of being stuck with a single doctor’s judgment.
In a victory for employers, the Fifth Circuit on Wednesday rebuffed the National Labor Relations Board's bid for a full-court review of the panel ruling rejecting its ban on mandatory employment class waivers, but attorneys say businesses should keep an eye on what steps the board takes next, as the issue remains a live one that could ultimately require U.S. Supreme Court resolution.
The U.S. Department of Labor on Monday urged the Ninth Circuit to overturn an Oregon federal judge's ruling that the agency exceeded its authority when it issued a rule barring back-of-house restaurant workers from employer-mandated tip pools.
The nonpartisan Congressional Budget Office estimated on Thursday that a bill introduced by Senate Democrats aimed at raising the minimum wage, would require private employers to pay an extra $15 billion in 2017 to workers covered by the Fair Labor Standards Act.
European lawmakers on Thursday signed off on a proposal to make it easier for individuals and businesses to sue for antitrust damages, paving the way for plaintiffs to gain greater access to evidence while shielding leniency filings from disclosure.
A lower court correctly applied a previous appellate decision and nixed a proposed Employee Retirement Income Security Act class action brought by a former Delta Air Lines Inc. worker who said Delta stock was an imprudent retirement plan investment option, the Eleventh Circuit ruled Thursday.
The Florida Supreme Court ruled Thursday that the sex bias prohibition in the state's civil right law extends to pregnancy discrimination and ordered a trial court to reinstate claims brought by a former employee of property management company The Continental Group Inc.
The National Labor Relations Board ruled on Wednesday that Volkswagen AG employees who oppose unionization at the company’s Chattanooga, Tenn., plant can participate in a hearing over whether a new representation vote should be held, just as Democratic lawmakers announced an investigation into whether state officials unduly influenced the employees’ decision not to unionize.
A California federal judge on Tuesday reinstated a class of workers pursuing wage-and-hour claims against a Chinese-language newspaper, finding that the class allegations satisfied the commonality and predominance hurdles for certification even under the higher standard set by the U.S. Supreme Court's Wal-Mart Stores Inc. v. Dukes opinion.
Mercy Health System of Kansas Inc. urged the U.S. Supreme Court on Wednesday not to take up a petition from a former employee asking the court to rule on whether Facebook posts and other communications to nonemployers are protected by law, arguing that the suit is an inappropriate vehicle for the question.
A Washington state judge on Monday rejected online real estate company Move Inc.’s argument that its former chief strategy officer, Errol Samuelson, will inevitably reveal trade secrets to his new employer, rival Zillow Inc., denying the company's bid to block the executive from employment at Zillow.
The remedies provided under the Lanham Act need to be updated to provide more consistent results and tougher penalties for trademark litigants, some attorneys say. Here, Law360 breaks down three proposed ideas for how it might be done.
Implementing a bounty program for employees blowing the whistle on criminal antitrust behavior could lead to weaker witnesses at cartel trials and to a flood of false leads, a top U.S. Department of Justice official said Wednesday.
The Fifth Circuit on Wednesday shot down a rehearing request from the National Labor Relation Board in its suit with homebuilder D.R. Horton Inc., preserving the court’s finding that arbitration agreements barring employees from pursuing class or collective claims do not violate federal labor law.
The Colorado House of Representatives on Tuesday approved legislation that would create a new tax credit for individuals investing in aerospace, bioscience, information technology and energy startups within the state.
A California appeals court ruled Tuesday that an employer can evaluate a worker's fitness for duty after that employee has returned from leave awarded under the Family and Medical Leave Act, even if the evaluation is related to the condition that prompted the FMLA leave in the first place.
Big four accounting firms KPMG, PricewaterhouseCoopers and Deloitte LLP have raised concerns over proposed e-commerce tax rules being floated by the Organization for Economic Cooperation and Development, saying in letters released Wednesday that the organization should rethink a proposed withholding tax on digital products and services.
With the filing of more than 1,200 petitions challenging patents under the America Invents Act's new proceedings, parties on both sides are making many common and avoidable mistakes, the judges dealing with those cases said at a forum Tuesday.
Two recent court rulings have added new liability traps for government contractors that self-report evidence of fraud or overpayments, intensifying contractors' calls for more clarity and liability protection in the five-year-old mandatory disclosure regulations.
Seventh Circuit Chief Judge Diane Wood talks to Law360 about managing a court in crisis, surviving two U.S. Supreme Court near-misses, and tailoring crafty dissenting opinions that can change the mind of even the staunchest of ideological opponents.
The U.S. Securities and Exchange Commission is turning more aggressive attention toward shareholder activists, and the issue of revising the Schedule 13D timetable is alive once again, largely due both to a recent media report and its confluence with another event — the news that such a measure has the support of perhaps the preeminent juridical voice in American corporate law, Delaware Supreme Court Chief Justice Leo E. Strine Jr., say Perrie Michael Weiner and Patrick Hunnius of DLA Piper.
In its effort to protect public companies and legitimate businesses in general, the U.S. Supreme Court appears to be overlooking the effect its rulings are having on those for whom the fraud provisions of the securities laws were designed to protect. Should the court ring the death knell on class action securities cases, the South Florida climate for Ponzi schemers and other fraudsters will become better than ever, says Lawrence Kellogg, a founding partner of Levine Kellogg Lehman Schneider & Grossman LLP.
The ruling by the Southern District of New York in Zhang v. Baidu strongly supports the principle that search engines and e-commerce sites are immune from legal claims based on how they retrieve, present and rank information and products. This result is particularly important because high rankings on Google, Amazon and other powerful search engines are critical for companies conducting e-commerce, says Joshua Fowkes of Arent Fox LLP.
While the actual breaches are unknown, Heartbleed has the potential to expose all of a lawyer's files stored or transmitted online. The bug raises professional responsibility questions and offers confirmation of the greatest anxieties that the legal industry has about online practice. In fact, the timing is poor for many legal tech providers, following a general industry warming to cloud offerings, says David Houlihan of Blue Hill Research Inc.
As institutional investors and proxy advisory firms push forward with the declassification movement, corporate governance constituencies might consider developing a modified classified board structure that could result in preserving the structure’s value-enhancing benefits while addressing shareholders’ concerns about board accountability, say attorneys with Fried Frank Harris Shriver & Jacobson LLP.
A footnote in the Delaware Court of Chancery’s Rural Metro decision starkly spotlights the visceral trouble spot in the enhanced-scrutiny paradigm — that even the conscientious director who does everything right may still be branded as breaching fiduciary duty. This is particularly troubling in the context of a statutory promise that directors will be “fully protected” if they conscientiously comply, says Peter Allan Atkins of Skadden Arps Slate Meagher & Flom LLP.
There are legitimate concerns in the software community that the patent system comprehends development practices in the traditional sciences better than it does in the software arts, particularly where obviousness is concerned. The “obvious to try” doctrine, which is often applied in traditional sciences, can help make the patent system work as well for software as it has for older sciences, says Robert Purvy, a technical adviser for patent litigation at Google Inc.
As part of an effort to update District of Columbia law and make the district more business friendly, the city council has passed amendments to the D.C. Business Code, including the Nonprofit Corporation Act of 2010. While the new act does not create additional publicly available information for D.C. nonprofit corporations organized in 1963 and after, it does create a larger paper trail for all active D.C. nonprofits, says John Eustice of Miller & Chevalier.
In light of Dave Camp’s draft tax reform legislation, state and local government pension plans that make future investments in private equity funds may wonder if they should have the flexibility to move their investments to “blocker” entities that would prevent unrelated business taxable income from passing through to them. The problem with a U.S. blocker, however, is that it will be liable to tax on all of its income and gains, which will substantially reduce the investor’s post-tax return, say Christian McBurney and Michael Cooney of Nixon Peabody LLP.
Last month, I received a stack of express mail over a foot deep from the Bureau of Economic Analysis, which has statutory authority to collect vast amounts of data on certain international investments in the U.S. and abroad. The girth of the envelopes highlights the need for a compliance update — especially since the potential penalties for noncompliance include fines and potential jail time for officers, directors, employees or agents, says Amy D'Agostino of Chadbourne & Parke LLP.