Employment

  • August 30, 2016

    2nd Circ. Asks NY Court: Who's Liable For Ex-Cons' Firings?

    The Second Circuit asked New York’s highest court Tuesday to help resolve a dispute over whether two laborers fired for their criminal convictions can sue Allied Van Lines Inc. and its parent company, even though they were not the men’s direct employer.

  • August 30, 2016

    Icahn's Taj Mahal Rebuffs Union's Last Bid To Save Casino

    The management of billionaire Carl Icahn's Trump Taj Mahal has rejected a last-ditch proposal by Atlantic City's main casino workers’ union to end an ongoing strike and stave off the impending closure of the casino, the union announced Monday.

  • August 30, 2016

    Celgene Battles $40B FCA Suit Over Off-Label Promos

    Celgene Corp. on Monday pressed a California federal judge to end a whistleblower’s $40 billion False Claims Act suit over off-label promotion of cancer drugs Thalomid and Revlimid, asserting that government officials knew about off-label uses and didn’t object.

  • August 30, 2016

    3rd Circ. Finds No Union Violations On The Waterfront

    A Third Circuit panel on Tuesday issued a precedential decision in a case against the Waterfront Commission of New York Harbor, saying a lower court correctly found the commission didn't interfere with unions' collective bargaining agreements by requiring nondiscrimination certifications in hiring.

  • August 30, 2016

    Calif. Court Revives Trucker's Disability Discrimination Case

    A California appeals court ruled Monday that a person who's taking care of someone with a disability may be afforded the same protections as those with disabilities under state law, in the case of a truck driver who needed a special schedule to deal with his disabled son.

  • August 30, 2016

    HP Sues Executive Who Went To Work For Competitor

    Hewlett Packard Enterprise Company filed suit in Delaware Chancery Court last week seeking to prevent a former vice president from using knowledge gained about HP’s business and customers while employed with a competing company in a similar capacity.

  • August 30, 2016

    Hirozawa's NLRB Tenure Remembered For Progressive Action

    National Labor Relations Board member Kent Y. Hirozawa exited his post this weekend, ending a three-year tenure filled with major decisions that have left an imprint on labor law, punctuated with a ruling that student assistants at private universities can unionize.

  • August 30, 2016

    DOL Backs Workers At 9th Circ. In Dealership OT Fight

    The U.S. Department of Labor urged the Ninth Circuit on Monday to revive a Fair Labor Standards Act suit brought by so-called service advisers at a California Mercedes-Benz dealer after the U.S. Supreme Court punted the dispute, arguing that the employees are not exempt from overtime compensation.

  • August 30, 2016

    Petco Job Seekers Defend Background Check Suit

    Two job applicants alleging Petco hid from potential employees its procurement of consumer reports in background checks urged a California federal court Monday to deny the pet supply chain’s bid to escape the proposed class action, saying a clear federal-law violation has been established.

  • August 30, 2016

    'Cat's Paw' Theory Applies To Coworkers, 2nd Circ. Says

    The Second Circuit revived a retaliation lawsuit against a New York ambulance service, ruling Monday that under the “cat’s paw" theory a company can be held liable when its decision to fire an employee is influenced by a coworker’s bad intent.

  • August 30, 2016

    Texas Oil Worker Fails To Justify Collective Cert. In FLSA Suit

    A Texas federal judge declined Monday to certify a collective action alleging Stuart Petroleum Testers Inc. failed to pay overtime under the Fair Labor Standards Act, saying the plaintiff didn’t introduce enough evidence to show he was situated similarly to others in the proposed class.

  • August 30, 2016

    SEC Hands Ex-Monsanto Exec $22M For Accounting Fraud Tip

    The U.S. Securities and Exchange Commission granted a $22.4 million award to a former Monsanto Co. financial executive for reporting alleged accounting fraud around the agribusiness giant's Roundup weed killer, a lawyer for the whistleblower said on Tuesday.

  • August 30, 2016

    DOL Accuses Md. Contractor Of Racial Bias, Harassment

    A Maryland demolition contractor routinely engaged in racial discrimination against its Hispanic and African-American workers, subjecting them to lower-paying jobs, wrongful terminations and racist harassment, according to a new in-house lawsuit filed by the U.S. Department of Labor.

  • August 30, 2016

    Rainmaker Q&A: Patrick McNicholas

    The way I look at it, you’re never really making a pitch. You are entering into a potential relationship. Credibility is king. You must be in command of the facts of that client’s particular situation and in command of the law that’s going to govern that client’s issue, says Patrick McNicholas, a partner with McNicholas & McNicholas LLP.

  • August 30, 2016

    Calif. Bar Immune From ‘Vexatious’ Atty’s Antitrust Suit

    A Los Angeles attorney disbarred for using lawsuits to bully neighbors lost out Monday on his antitrust suit against the State Bar of California, when a federal judge agreed with the association that all of the former attorney’s allegations are barred under the Eleventh Amendment.

  • August 30, 2016

    Animation Cos. Can’t Appeal Class Cert. In Wage Row

    The Ninth Circuit on Monday denied a bid by DreamWorks, Disney, Lucasfilm and Pixar to decertify a class of animation and visual effects employees who accused the studios of engaging in an anti-poaching conspiracy by secretly agreeing not to recruit one another’s workers.

  • August 30, 2016

    Waffle House Applicants Want Case To Go On During Appeal

    A Waffle House job applicant said Monday that the chain can't delay his proposed class action over its allegedly secretive background checks, even while the Eleventh Circuit reviews a judge's searing order annulling an arbitration agreement because of the “unsavory aroma” of Waffle House's “highly suspect” litigation strategy.

  • August 30, 2016

    UT Asks Texas High Court To Put End To Coach's Bias Suit

    The University of Texas at Austin on Friday asked the Texas Supreme Court to dismiss a discrimination suit by its former track coach who claimed she was forced out of the university over a years-past relationship with a student, saying she didn't meet the minimum standard to plead the claim.

  • August 30, 2016

    NJ Gov. Chris Christie Vetoes $15 Minimum Wage Bill

    New Jersey Gov. Chris Christie on Tuesday vetoed legislation that would have gradually raised the state's minimum wage to $15 an hour over the next five years, claiming the measure would hurt small businesses, undermine a 3-year-old ballot referendum and undo his own economic policy.

  • August 30, 2016

    Ex-AXA Broker Launches Broad Appeal Over $1.6M Trial Loss

    Broker Steven S. Novick filed a wide-ranging appeal Tuesday in his failed attempt to take up to $20 million in contractual damages from two AXA units at trial in a case that has left the Connecticut money man on the hook for $1.6 million �— money he borrowed from the financial giant and did not repay — as well as potentially $263,000 in legal fees.

Expert Analysis

  • What To Know About New Fair Pay And Safe Workplaces Rule

    Joshua F. Alloy

    The recently released Fair Pay and Safe Workplaces rule will become effective and begin phase-in on Oct. 25, 2016, and will affect most current and future government contractors and subcontractors with contracts valued at more than $500,000. Attorneys at Arnold & Porter LLP highlight some of the key changes.

  • REBUTTAL: Establishing Standards And Norms In Mediation

    William A. Ruskin

    A recent Law360 guest article asks whether by signing a mediation confidentiality agreement a lawyer surrenders the power to protect his client against inappropriate mediation conduct. The short response to this concern is that parties to a mediation should refuse to execute such an agreement that removes all future recourse against the mediator, no matter how egregious the mediator’s actions, says William Ruskin of Gordon Rees Scu... (continued)

  • NLRB Columbia Decision Poses Higher Education Obstacles

    Gary S. Marshall

    With its decision in Graduate Workers of Columbia v. Trustees of Columbia University, the National Labor Relations Board continues its efforts to expand the reach of the National Labor Relations Act to previously nonunion employers and marks a significant change in how it views higher education law while raising significant challenges for private colleges and universities, say attorneys at McGuireWoods LLP.

  • State Of Texas Legal Market: Litigation Trends

    Michael K. Hurst

    Litigation in the Texas energy sector has increased substantially as a result of the drop in oil prices. The trends reflect a market reality where all participants, including contractors, insurers, lenders, partners and employees, are forced to embrace “lower for longer” pricing, say Michael Hurst and Jonathan Childers of Lynn Pinker Cox Hurst LLP.

  • Don't 'Discount' Gov't Opinion On Anti-Kickback Exception

    Robert D. Stone

    In light of arguments from the government, a Massachusetts federal court’s willingness to reverse itself in Herman v. Coloplast underscores the potential for this case to set a dangerous precedent regarding application of the discount safe harbor and statutory exception of the Anti-Kickback Statute in the future, say Robert Stone and Tamara Tenney at Alston & Bird LLP.

  • Defining Attorney-Client Relationships In The Electronic Age

    Elizabeth Fitch

    As technology has advanced, the ways in which attorneys communicate with clients, potential clients, former clients and the public has created new and ill-defined issues relating to whether an attorney-client relationship exists. Attorneys Elizabeth Fitch and Theodore Schaer discuss the often nebulous yet hazardous concepts that could lead to malpractice issues.

  • State Of Texas Legal Market: It Isn’t Just About Oil

    Geoff Schuler

    Some market watchers believe that law firms with significant energy-related practices have experienced precipitous declines in revenue and profits due to the dip in oil prices. Yet, firms continue to be bullish on Texas, and those still looking for a point of entry will jump at the right opportunity, say consultants with LawVision Group LLC.

  • End-Of-Summer Recap For Government Contractors

    Daniel S. Koch

    It’s been a busy summer for government contractors, with a torrent of regulatory changes and even a U.S. Supreme Court decision interpreting small business regulations. There are six key developments that every government contractor should know about before charging into the fiscal year-end frenzy, says Daniel Koch of Miles & Stockbridge PC.

  • Considerations When Invoking The Defend Trade Secrets Act

    Nicholas J. Boyle

    Prior to its enactment in May, many questioned the need for the Defend Trade Secrets Act of 2016. However, the DTSA is now law, and it is time to consider how the statute as enacted affects a trade secret owner’s litigation decisions, say Nicholas Boyle, Christopher Manning and Richard Olderman at Williams & Connolly LLP.

  • 4 Reasons Law Firm Business Development Initiatives Fail

    Adam Donovan

    By understanding four common reasons why law firm business development initiatives fail, we can more accurately define success, avoid pitfalls, and improve return on investment, says Adam Donovan, senior manager of patent business strategy at Fish & Richardson PC.