• May 27, 2016

    Google-Backed Startup Says Execs Stole Secrets For New Biz

    A virtual reality startup that has received backing from Google, Qualcomm and Warner Bros. has sued two of its former top executives in California federal court, saying the pair stole trade secrets and plotted to start a rival company.

  • May 27, 2016

    7th Circ. Allows Kmart FCA Suit Over Medicare Payments

    The Seventh Circuit on Friday declined Kmart’s bid to overturn a lower court decision and toss a False Claims Act suit alleging the retailer overcharged government contractors when submitting Medicare prescription reimbursement requests, saying the claims satisfy the FCA’s materiality requirements.

  • May 27, 2016

    Wellness Program Doesn't Violate ADA, 7th Circ. Told

    A Wisconsin plastics maker told the Seventh Circuit on Thursday that its policy of making employees take medical tests before enrolling in the company's health insurance plan does not violate the Americans with Disabilities Act, asking the court to uphold its win against the Equal Employment Opportunity Commission.

  • May 27, 2016

    7th Circ. Tees Up Class Waiver Battle For Supreme Court

    The Seventh Circuit ruled Thursday that arbitration agreements containing class waivers are illegal, adopting the position of the National Labor Relations Board and creating a split with the Fifth Circuit that leaves the issue on the U.S. Supreme Court's doorstep. Here, Law360 takes a look at the winding legal road the hot-button issue has taken to land it a stone's throw away from the high court.

  • May 27, 2016

    CareFirst Dodges Policyholders’ Data Breach Class Action

    A Maryland federal judge on Friday tossed a proposed class action in which two policyholders accused CareFirst BlueCross BlueShield of potentially compromising their information along with that of a million other people after a data breach.

  • May 27, 2016

    GC Cheat Sheet: The Hottest Corporate News Of The Week

    More than half of companies say a negligent or malicious employee has caused a security incident, the U.S. Supreme Court resolves a circuit split on constructive discharge, and the Senate condemns the new definition of an Employee Retirement Income Security Act fiduciary. Those stories top the news you may have missed this past week.

  • May 27, 2016

    WTO Appellate Body Mulls More Changes To Ease Caseload

    The World Trade Organization’s Appellate Body is considering additional steps to address a glut of complex cases that has led to considerable delays, including by placing strict limits on the length of submissions parties may make during the appeals process, the WTO said Friday.

  • May 27, 2016

    5 Ways Employers Should Prep For The New OT Expansion

    As the dust settles on the U.S. Department of Labor's overtime exemption rule finalized last week, employers are beginning the daunting task of figuring out how to comply with the rule. Here, attorneys offer practical advice on how to best adjust to the sweeping changes before the rules take effect.

  • May 27, 2016

    Searching Old Data OK In ‘Good Faith,’ Full 2nd Circ. Rules

    In a blow to privacy advocates, the full Second Circuit on Thursday said federal agents did not exceed their authority and acted in "good faith" when searching three-year-old copies of the hard drives of a Connecticut accountant facing tax fraud charges, who said the data should have been deleted because it was obtained in a separate investigation.

  • May 27, 2016

    Cybersecurity Regs Put Pressure On Contractors To Hack It

    Government contractors are navigating an industry facing increasing cybersecurity challenges, and experts note new and upcoming rules demanding safeguards are likely to play into contract eligibility and government enforcement actions while also spurring bid protests.

  • May 26, 2016

    7th Circ. Nixes Class Waiver In Split With With 5th Circ.

    The Seventh Circuit on Thursday veered from the Fifth Circuit on the legality of class waivers in arbitration agreements, ruling that a health care software company violated the National Labor Relations Act by barring some employees from pursuing class or collective claims.

  • May 26, 2016

    Ark. High Court Affirms Gerber Workers’ $3M Don-Doff Win

    The Arkansas Supreme Court on Thursday affirmed a lower court decision awarding Gerber employees $3 million in unpaid wages for time spent changing in and out of their uniforms, rejecting the baby food maker’s argument that it wasn’t compensable work under a union agreement.

  • May 26, 2016

    Chamber Report Says Yates Memo Discourages Cooperation

    The U.S. Department of Justice runs the risk of discouraging corporations from cooperating with investigations under the so-called Yates Memo, the U.S. Chamber of Commerce's Institute for Legal Reform said in a report Thursday, arguing that workers could be pitted against their employers under the policy.

  • May 26, 2016

    Credit Union's $2.75M Deal In TCPA Suit Fails To Clear

    A California federal judge Thursday rejected a proposed $2.75 million class action settlement between Navy Federal Credit Union and certain individuals subject to its automatic telephone dialing system, expressing concern with a release exceeding the factual scope of the Telephone Consumer Protection Act claims.

  • May 26, 2016

    NJ Assembly Passes $15 Minimum Wage Bill

    The New Jersey Assembly on Thursday advanced legislation that would gradually boost the minimum wage to $15 an hour in phased increases over the next five years, an initiative touted by the chamber’s Democratic leaders as a tool to help reverse the trend of poverty in the state.

  • May 26, 2016

    Senate Committee Again Postpones Vote On E-Privacy Reform

    The Senate Judiciary Committee on Thursday again held off on advancing legislation that would amend the Electronic Communications Privacy Act, electing instead to take time to sort through a flurry of amendments that would ease some restrictions on how the government can access data and what services providers can say about these demands.

  • May 26, 2016

    DOL Accuses Pilgrim's Pride Of Race, Gender Bias In Hiring

    The U.S. Department of Labor has sued poultry producer Pilgrim’s Pride Corp. to cancel at least $75 million worth of government contracts and debar it from future contracts until it has corrected allegedly discriminatory hiring practices at a processing facility in Mount Pleasant, Texas, the agency said on Wednesday.

  • May 26, 2016

    Chamber, Former FTC Chair Bash FCC Data Privacy Plan

    The U.S. Chamber of Commerce, the National Black Caucus of State Legislators and a former Federal Trade Commission chairman are urging the Federal Communications Commission to scale back its proposed data privacy guidelines for internet service providers, saying they overreach, overstep or are inconsistent.

  • May 26, 2016

    Equifax Hit With Class Action Over Kroger Data Breach

    Equifax was hit with a proposed class action on Wednesday in Georgia federal court accusing the Atlanta-based consumer credit bureau of negligence after a data breach disclosed the personal information of a group of Kroger grocery store employees.

  • May 26, 2016

    Animator Class Certified In No-Poach Antitrust Suit

    Animators who worked for DreamWorks, Disney and other Hollywood heavyweights can proceed as a class in their antitrust lawsuit over an alleged anti-poaching conspiracy, a California federal judge ruled Wednesday, finding there was enough evidence to suggest classwide wage suppression.

Expert Analysis

  • Behind The Curtain: Technical Advisers In Complex Cases

    Christopher S. Finnerty

    During complex litigation, litigants often retain consulting experts to help them understand any intricate aspects of social and natural sciences present in a case, but the federal rules provide no such mechanism for the presiding judge. That is where technical advisers come in, say attorneys at K&L Gates LLP.

  • How Criminal Rule 4 Is Changing

    Daniel Prince

    After consideration by the U.S. Judicial Conference’s Advisory Committee on the Federal Rules of Criminal Procedure, a public comment period, litigation in district and appellate courts, and review by the U.S. Supreme Court, the U.S. Department of Justice may not have to wait much longer to serve federal criminal summons on foreign corporations, say attorneys with Paul Hastings LLP.

  • 4 Employer Lessons From Perez V. Lear Corp.

    Punam Kaji

    The ongoing litigation between the secretary of labor and Lear Corp. has created an interesting playbook for employers dealing with occupational safety and health whistleblower claims, say Punam Kaji, Matthew Deffebach and Abby Kotun at Haynes and Boone LLP.

  • Rating Trump’s High Court Nominees In Employment Cases

    Michael H. LeRoy

    Donald Trump has betrayed his lack of commitment to, and understanding of, the judiciary with his potential U.S. Supreme Court nominees. It’s easy to see why conservatives would support Trump's picks, but it appears they have little or nothing in common with their political patron, a bombastic loudmouth who defies ideological classification, says Michael LeRoy, a professor of law at the University of Illinois at Urbana-Champaign.

  • How To Prepare Your Employees For Litigation Discovery

    Charles N. McGee III

    The discovery process can be stressful and nerve-wracking for a company’s employees. Their reactions can vary tremendously and the effects are often overlooked by general counsels. Keeping your employees informed and educated prior to and during a collection or preservation hold can help to minimize disruption, maintain productivity and help discovery budgets stay in line with projections, say attorneys at Murphy & McGonigle PC.

  • What To Know About The DOL's New Overtime Regulations

    Libby Henninger

    After the 2015 release of its proposed changes to the overtime exemption regulations, many believed the U.S. Department of Labor would take the opportunity to amend the Fair Labor Standards Act’s qualitative duties standards to more closely resemble California’s model. However, for many employers the new rule appears as a compromise against what many in the industry feared would be a much broader reworking of the regulations, say a... (continued)

  • From The Book Of Jargon: Headroom

    Does your basket have any headroom? Latham & Watkins LLP partner Greg Robins explains the term "headroom" in this short video from the firm's Book of Jargon.

  • Green V. Brennan: A Practical Take On Forced Resignations

    R. Scott Oswald

    The U.S. Supreme Court's decision in Green v. Brennan doesn’t resolve matters for plaintiff Marvin Green. But it puts paid to some perverse legal possibilities and its biggest effect will be to preclude some of the worst interpretations of Title VII — and to assure employees facing discrimination that the Supreme Court is sympathetic to their plight, says R. Scott Oswald at The Employment Law Group.

  • Defend Trade Secrets Act: How To Inform Employees

    Jeff Barnes

    The Defend Trade Secrets Act offers many benefits to businesses, including federal question jurisdiction for trade secrets and the ability to recover compensatory damages, punitive damages and attorneys’ fees. However, to obtain the full array of remedies available under the statute, employers must comply with a specific notice requirement, says Jeff Barnes, a partner at Fisher & Phillips LLP.

  • The Risk Of Data Misuse By Health Care Co. Employees

    Tina Sciocchetti

    A recent decision from the Southern District of Florida highlights the risks companies that collect or maintain sensitive personal information face when a rogue employee compromises data security. Data privacy and security policies and procedures should address and limit unauthorized access not only to external sources, but also to internal sources who may act outside the scope of their employment, say attorneys at Nixon Peabody LLP.