• November 21, 2014

    Coal Co. Says It Lawfully Handled Worker Against Hand Scan

    The way Consolidation Coal Co. handled a worker's religious objection to a biometric hand-scanning system for tracking employee time satisfied federal law, the company told a West Virginia federal court Friday, despite the U.S. Equal Employment Opportunity Commission's argument that the company had violated Title VII.

  • November 21, 2014

    Job Applicants Not 'Employees' Under FCA, 6th Circ. Says

    The False Claims Act's whistleblower protections don't extend to job applicants because they don't qualify as employees, the Sixth Circuit held, upholding the dismissal of a landfill manager's retaliation suit against EnergySolutions Inc. under the FCA and several environmental statutes.

  • November 21, 2014

    FTC Rejects Latest Bid To Expand COPPA Consent Options

    The Federal Trade Commission on Friday shot down AgeCheq Inc.'s first attempt to craft an alternative method for obtaining verifiable parental consent under the Children's Online Privacy Protection Act rule, saying that the proposal broke no new ground.

  • November 21, 2014

    SEC Grows Global Whistleblower Empire As Bounties Boom

    The sun never sets on the U.S. Securities and Exchange Commission’s whistleblower program. But judging from fresh data about tips the agency receives from around the world, if you are an SEC whistleblower seeking a potential payday, chances are you’re from the Golden State.

  • November 21, 2014

    Dems Scramble To Renew Aid For Trade-Displaced Workers

    Sen. Sherrod Brown, D-Ohio, introduced legislation late Thursday to extend a program providing training to workers whose jobs are eliminated by foreign trade flows, lining up with his Democratic colleagues in the U.S. House of Representatives to save the measure from expiration at year's end.

  • November 21, 2014

    Japan's Early Elections Cloud Future Of TPP Talks

    Japanese Prime Minister Shinzo Abe's move to hold snap elections for the lower house of the nation's legislature is a gambit aimed at restoring faith in Tokyo's lagging economy, but experts say it may muddy the waters for U.S. trade officials' push to conclude the Trans-Pacific Partnership talks swiftly.

  • November 21, 2014

    Target Continues Push To Nix Consumer Data Breach Suits

    Target Corp. on Thursday doubled down on its bid to dismiss class action litigation brought by customers over the retailer's massive data breach, arguing consumers have failed to show that any fraudulent charges can be traced to the intrusion.

  • November 21, 2014

    GOP Hits Obama With Long-Awaited ACA Lawsuit

    The Republican-controlled U.S. House of Representatives on Friday filed a long-awaited lawsuit against the Obama administration challenging delay of the Affordable Care Act’s employer mandate and government payments to health insurance companies under the law.

  • November 20, 2014

    Obama Announces Bold New Immigration Actions

    President Obama on Thursday said he would take executive action to allow certain undocumented immigrants with children to remain in the U.S., while beefing up border security and making it easier for highly skilled workers and graduates to stay in the country.

  • November 20, 2014

    Wal-Mart Workers Plan Black Friday Strikes

    Scores of Wal-Mart Stores Inc. workers and supporters have vowed to organize more than 1,500 protests on Black Friday, calling on the retail giant to raise its minimum wage to $15 per hour and provide full-time work to employees.

  • November 20, 2014

    Judge Scolds McGuire Attys, Calls Sprint Pay Case 'The Worst'

    A California federal judge Thursday scolded attorneys with McGuireWoods LLP for not handing over contact information for potential class members in a lawsuit claiming Sprint Nextel Corp. didn't pay retail consultants and store managers for hours worked, saying the parties’ squabbling made the case “the worst” on his docket.

  • November 20, 2014

    $6B Record Haul For DOJ As FCA Reaches New Heights

    The U.S. Department of Justice on Thursday announced that it recovered $5.7 billion through False Claims Act litigation in fiscal 2014, a record haul buoyed by exceptionally large penalties against financial institutions as well as continued success policing hospitals, drugmakers and defense contractors.

  • November 20, 2014

    9th Circ. Ruling Means Closer Scrutiny Of FLSA Claims

    An employer-friendly Ninth Circuit decision that clarified how specific workers pursuing Fair Labor Standards Act suits must be to survive dismissal bids added an arrow to wage-and-hour defendants' quivers and represents a trend toward courts demanding more details from class and collective action plaintiffs, management-side lawyers say.

  • November 20, 2014

    Senators Tip Hat To Ex-NLRB Nominee While Vetting New One

    National Labor Relations Board nominee Lauren McFerran told a Senate committee Thursday that she would bring an open mind to the labor board, while lawmakers criticized the board's potential impact on business franchising and expressed displeasure that former nominee Sharon Block had been “blacklisted.”

  • November 20, 2014

    Funeral Home Says Law Doesn't Protect Transgender Workers

    A Michigan-based funeral home that the U.S. Equal Employment Opportunity Commission targeted for one of its first-ever gender bias suits for transgender workers urged a Michigan federal court on Wednesday to nix the suit, saying that the woman is not a member of a protected class.

  • November 19, 2014

    Wyndham, FTC Data Security Row Heads To Mediation

    A New Jersey federal judge has directed the Federal Trade Commission and Wyndham Worldwide Corp. to mediate their closely watched dispute over whether the regulator has the authority to bring lawsuits against companies for instituting allegedly lax data security practices.

  • November 19, 2014

    Hobby Lobby Can't Block New ACA Rules, Judge Says

    An Oklahoma federal judge on Tuesday refused to require that new Affordable Care Act regulations related to birth control be proven valid under the U.S. Supreme Court’s Hobby Lobby decision before they can take effect, saying that they weren’t at issue in the high-profile case.

  • November 19, 2014

    Staples Unsure If Customer Data Compromised In Breach

    Staples Inc. confirmed Wednesday that hackers broke into its computer network, but, nearly a month after the intrusion was made public and amid industry calls for a federal data breach notification law, the company said it still does not know if customer data was taken.

  • November 19, 2014

    EEOC Nominees Get Green Light From Senate Committee

    The nominations of U.S. Department of Justice attorney Charlotte Burrows for a spot on the U.S. Equal Employment Opportunity Commission and P. David Lopez for another term as the agency's general counsel moved ahead on Wednesday, winning committee approval and setting the stage for a full Senate vote.

  • November 19, 2014

    GAO Urges Tighter Reins On Foreign Worker Recruiting Fees

    The U.S. government needs to set clearer policies on the payment of recruitment fees by foreign citizens to work on U.S. government contracts and step up its monitoring of human trafficking abuses the fees can lead to, according to a U.S. Government Accountability Office report published Tuesday.

Expert Analysis

  • Obama's Immigration Action Is Cause For Celebration

    Robert S. Whitehill

    Though implementation of President Obama's announced changes to U.S. immigration policy on Nov. 20 will take some time and may be slowed by legal action or accelerated by Congress enacting immigration reform, the president's executive action will give hope and relief to millions, which is cause for celebration, says Robert Whitehill of Fox Rothschild LLP.

  • Paper Chase: Winning The Removal Race

    Alan E. Rothman

    The First Circuit's ruling in October in a wage-and-hour dispute — Romulus v. CVS Pharmacy Inc. — broadens the type of docementation that will permit removal of a class action to federal court and provides defendants with yet another valuable tool in winning the removal race, says Alan Rothman of Kaye Scholer LLP.

  • Voluntary Disclosure: The Continuing FCPA Debate

    Michael Volkov

    In the absence of a defined benefit that a company can earn from voluntary disclosure, Foreign Corrupt Practices Act practitioners are left to guess the exact benefit or range of outcomes that could result. Some have dusted off an old proposal to address this issue — adoption of a corporate leniency program similar to that used by the Antitrust Division. The proposal has no merit, says Michael Volkov of The Volkov Law Group LLC.

  • Updating Our Understanding Of The FMLA: Part 3

    Linda Dwoskin

    The Seventh Circuit's Ballard v. Chicago Park District and Gienapp v. Harbor Crest decisions highlight the broad nature of family care leave under the Family Medical Leave Act and serve as an important reminder to employers that FMLA cases often turn on thin distinctions in the law and are significantly influenced by the specific facts in a given case, say Linda Dwoskin and Melissa Squire of Dechert LLP.

  • Novartis FCA Case Reaffirms Importance Of Company Policies

    Michael Loucks

    To the extent other courts adopt the New York federal court's analysis in U.S. v. Novartis Pharmaceuticals Corporation, the collateral consequence of an employee breach of internal policy or industry code of ethics and a corporate failure to appropriately sanction those employees could yield adverse consequences in the event of follow-on federal False Claims Act litigation, say attorneys with Skadden Arps Slate Meagher & Flom LLP.

  • Updating Our Understanding Of The FMLA: Part 2

    Linda Dwoskin

    While the Family Medical Leave Act allows an employer to require various medical certifications to support an employee’s request for leave — or return from that leave — understanding what documents may be required and what an employer may do with those it finds insufficient or incorrect is critical to avoiding FMLA liability, say Linda Dwoskin and Melissa Squire of Dechert LLP.

  • Where Lawyers Impact The Triple Bottom Line

    John Page

    Legal departments are not bystanders in corporate social responsibility efforts. They ensure compliance, infuse ethics into the decision-making process, weigh legal risks and protect the company’s reputation. With increasing business actions to address social issues, it is time for the legal community to get more involved, says John Page, chairman of the board of directors for the Association of Corporate Counsel and chief legal of... (continued)

  • What EU Should Focus On In Google Antitrust Investigation

    Nathan Newman

    That Google Inc.’s own executives argue that its control of user data has helped create a self-reinforcing circle that has strengthened its dominance should encourage the European Commission to investigate and limit how Google uses its control of user data to create and extend market power, says Nathan Newman, a research fellow at the New York University Information Law Institute.

  • Updating Our Understanding Of The FMLA: Part 1

    Linda Dwoskin

    The lesson from the Third Circuit's ruling in Lupyan v. Corinthian Colleges Inc. is that employers must ensure delivery of all legally required notices under the Family Medical Leave Act and retain proof of that delivery, say Linda Dwoskin and Melissa Squire of Dechert LLP.

  • When Do Tribal Leaders Create FCPA Liability?

    T. Markus Funk

    One of the many definitional challenges facing Foreign Corrupt Practices Act practitioners worldwide is under what circumstances traditional authorities, who routinely exercise considerable influence over business matters, qualify as “foreign officials.” This is a particularly apt question for companies seeking to pursue mining interests in Canada, say T. Markus Funk and Barak Cohen of Perkins Coie LLP.