Employment

  • July 21, 2014

    Kilpatrick Snags IP, Employment Experts From K&L Gates

    Kilpatrick Townsend & Stockton LLP said Monday it has lured two lawyers from K&L Gates LLP with expertise in intellectual property, employment and competition matters, as well as class actions, to round out its California office in Silicon Valley.

  • July 21, 2014

    Religious Pushback Expected On LGBT Executive Order

    Although President Barack Obama is no stranger to using federal contracts as a testing ground for employment reform measures, religious employers may be more resistant to Monday's executive order banning discrimination against gay and transgender contractor employees than to other recent efforts, attorneys say.

  • July 21, 2014

    $7.8M Deal Gets Court OK In Tyson Foods Wage Action

    A Tennessee federal judge gave a green light Friday to a $7.75 million class action settlement between Tyson Foods Inc. and thousands of current and former workers who said they should have been paid for donning and doffing time as well as work allegedly performed during meal breaks.

  • July 21, 2014

    Feds Seek 41-Month Sentence For Boeing Subcontractor

    The federal government recommended a 41-month sentence for a Boeing Co. subcontractor's technical writer, who, after being fired, blackmailed his company Corsair Engineering by threatening to sell proprietary drone manuals to foreign powers.

  • July 21, 2014

    SEC Needs Stronger Whistleblower Rules, Ex-Official Says

    A former U.S. Securities and Exchange Commission official on Friday urged the agency to ramp up protections for whistleblowers against retaliation by their employers, saying that those who alert the SEC to wrongdoing are increasingly being targeted for wrongful retaliation.

  • July 21, 2014

    Bass Pro Slams EEOC Investigation Before Bias Suit

    Bass Pro Outdoor World LLC on Friday urged a Texas federal court to dismiss the U.S. Equal Employment Opportunity Commission's allegations that the retailer discriminated against black and Hispanic job applicants, saying the agency didn't do enough internally before filing a lawsuit.

  • July 21, 2014

    Biggest Health Care Cases Of 2014: Midyear Report

    Courts during the first half of 2014 handed down a number of important rulings that will shape the hottest topics in health care, including provider consolidation, employee benefits under the Affordable Care Act and the availability of attorney-client privilege in False Claims Act litigation.

  • July 21, 2014

    Paralegal Says Margolis Law Firm Fired Her Over Pregnancy

    A one-time paralegal for a New Jersey law firm has sued her former employer for alleged disability discrimination, contending that the firm refused to accommodate a temporary leave that she was forced to take because of pregnancy complications.

  • July 21, 2014

    Calif. Appeals Court Sends Redfin RE Agents To Arbitration

    A real estate agent who brought an employment class action in California court alleging Redfin Corp. cheated agents out of pay will have to take his fight to arbitration, an appellate court ruled Monday.

  • July 21, 2014

    Minn. Appeals Court Tosses UnitedHealth Exec's Fraud Claims

    A Minnesota appeals court on Monday ended a former UnitedHealth Group Inc. executive's bid to sue the company and former colleagues after his insider trading conviction, saying the executive waited years too long to file his claims that other executives falsely promised him aid.

  • July 21, 2014

    EEOC Urges 6th Circ. To Keep Ford Telecommute Ruling

    The U.S. Equal Employment Opportunity Commission on Friday urged the Sixth Circuit to deny Ford Motor Co.’s bid to rehear claims that it didn’t accommodate a worker with irritable bowel syndrome when it refused to let her work from home most days, saying the decision to revive the suit won’t negatively affect businesses.

  • July 21, 2014

    NLRB Judge Faults Bakery For Threats To Union Members

    A National Labor Relations Board judge ruled Thursday that Arkansas-based Southern Bakeries LLC violated federal labor law through a number of actions, including interrogations of union employees and threats of a plant closure during an effort to oust a union.

  • July 21, 2014

    Union Denies Blocking CareOne's Access To Dying Witness

    A Service Employees International Union group has bristled at CareOne LLC's bid for sanctions in its racketeering case against the union, urging a New Jersey federal court to ignore claims it intentionally blocked the deposition of a key witness who was dying of cancer.

  • July 21, 2014

    Amazon Says High Court Case Will Affect Calif. Wages Claims

    Amazon.com Inc. told a Kentucky federal judge on Friday that an upcoming U.S. Supreme Court ruling on whether employees deserve pay for time spent passing through security checks will “absolutely” affect wage claims brought against Amazon by California warehouse workers.

  • July 21, 2014

    8th Circ. Set To Consider Dodd-Frank Whistleblower Scope

    A Nebraska federal judge has granted COR Clearing LLC’s bid to ask the Eighth Circuit to weigh in on whether a former executive qualified as a whistleblower under the Dodd-Frank Act despite having never provided information to the U.S. Securities and Exchange Commission.

  • July 21, 2014

    Hair Transplant Doc Sues McDonald Hopkins Over Bosley Suit

    An Illinois doctor has sued McDonald Hopkins LLC for legal malpractice, claiming the firm botched his defense of a noncompete lawsuit brought by his former employer, the hair transplant surgery provider Bosley Medical Group SC.

  • July 21, 2014

    Toshiba Wants $1.1B In Trade Secrets Suit, SK Hynix Says

    Toshiba Corp. is seeking 109.15 billion yen ($1.08 billion) in damages in a trade secrets suit accusing South Korean semiconductor company SK Hynix Inc. of stealing information related to flash memory technology, according to a regulatory filing submitted by SK Hynix on Monday.

  • July 21, 2014

    ThyssenKrupp Tells High Court To Nix Don-Doff Claims

    ThyssenKrupp Waupaca Inc. has asked the U.S. Supreme Court to review a Seventh Circuit decision that said iron foundry employees could be eligible for overtime pay for time spent showering and changing clothes, saying there is a circuit split over what constitutes a necessary and compensable workplace activity.

  • July 21, 2014

    The Biggest California Cases Of 2014: Midyear Report

    The California Supreme Court and the Ninth Circuit issued sweeping decisions in the first half of the year that will spur employers to put class action waivers in their arbitration agreements with workers, guide litigants on the use of statistical sampling in class actions and guarantee that bloggers enjoy the same free-speech rights as traditional journalists.

  • July 21, 2014

    Loss Adjusting Co. Sues Former Exec For Jumping Ship

    Loss adjusting and claim management company Cunningham Lindsey U.S. Inc. sued a former executive and his new employer Vericlaim Inc. in Pennsylvania federal court Friday, accusing them of stealing its entire international executive loss adjusting department in its Camp Hill office.

Expert Analysis

  • An Inventive Way To Remove Pure State Court Claims

    Michael E. Blumenfeld

    Nondiverse state court defendants facing purely state law claims that seek to secure federal jurisdiction should determine whether a good faith basis exists to pursue a third-party action against a federal actor in order to trigger the representative U.S. Attorney’s certification and remove such claims under the Westfall Act, say Michael Blumenfeld and Jonathan Singer of Miles & Stockbridge PC.

  • European Court Deals Body Blow To UK Trade Unions

    Douglas Darch

    National Union of Rail, Maritime And Transport Workers v. The United Kingdom was a big setback to the U.K.'s trade unions, particularly with the growth in outsourcing of public services to the private sector, say Douglas Darch and John Evason of Baker & McKenzie LLP.

  • BDO Seidman Continues To Rule NY Restrictive Covenants

    Richard I. Janvey

    When drafting restrictive covenants in New York, employers and their counsel need to keep in mind the seminal appellate case BDO Seidman v. Hirshberg, which lays out what constitutes a reasonable covenant while setting the terms for what will be judicially enforced in the state, say Richard Janvey and Joan Secofsky of Diamond McCarthy LLP.

  • Powerful Tools For Discovery And Litigation Strategy

    Nathalie Hofman

    Analytics offer opportunities for refining both discovery strategy and overall litigation strategy by providing information to support better informed decisions. As an added bonus, they can result in significant cost savings, say Nathalie Hofman and Carolyn Southerland of Huron Consulting Group Inc.

  • PRISM Scatters Attorney-Client Privilege

    Any attorney sending or storing confidential client information or privileged communications via the cloud may be knowingly exposing those communications to scrutiny by the U.S. government via programs such as the National Security Agency’s PRISM — and arguably, even waiving any claim of privilege as a result, say attorney Thomas Mullaney and Vaultive CEO Elad Yoran.

  • Minimum Wage Mania Among Cities And States

    James S. McNeill

    The trend of indexing minimum wage increases to the Consumer Price Index will have significant, long-term implications for states and municipalities, telling us two things: minimum wage rates will likely continue to rise annually and will bring with them an increase in potential wage liability exposure for employers, say James McNeill and Peter Stockburger of McKenna Long & Aldridge LLP.

  • OPINION: Let's Financially Reward Law Firm Diversity

    Patricia K. Gillette

    It only took the threat of a 10 cent cost increase to make people bring their own bags to Bay Area grocery stores. What if we gave partners an extra $10,000 for increasing diversity in their firms? asks Orrick Herrington & Sutcliffe LLP partner Patricia Gillette.

  • Crucial Predictive Coding Case Law: Progressive V. Delaney

    Emily Cobb

    Any practitioner considering predictive coding should fully consider Magistrate Judge Peggy Leen’s reasoning in Progressive Casualty Insurance v. Delaney and the potential pitfalls associated with failure to consistently cooperate, say Emily Cobb and Annamaria Enenajor of Ropes & Gray LLP.

  • How To Terminate Employees You're 'Just Not That Into'

    Joanne A. Buser

    The obvious and inherent risk in using a vague “wrong fit” explanation when terminating an employee is that any judge can construe this reason as having multiple interpretations, making it a ripe disputed issue for a fact finder at trial, says Joanne Buser of Paul Plevin Sullivan & Connaughton LLP.

  • OPINION: Advance Conflict Waivers Send Wrong Message

    Eric L. Lane

    If there is anything that would convince big law firms to ditch the advance conflict waiver, it is the financial bottom line. And I can assure you firms are losing new client opportunities because of these waivers, says Eric Lane of Green Patent Law.