The Texas Supreme Court on Friday upheld an Exxon Mobil Corp. plan that stripped a top executive of $5 million in nonvested stock rights when he joined a rival energy firm, paving the way for more employers to use incentive plans to keep top talent in place without running afoul of the state's noncompete laws.
A whistleblower who twice sued Verizon Communications Inc. under the False Claims Act for allegedly fraudulent billing practices asked the U.S. Supreme Court to consider a lower court’s dismissal of his second suit under the first-to-file bar provision, citing a circuit split and a dissent from D.C. Circuit Judge Sri Srinivasan.
A California federal judge granted preliminary approval Friday to eBay Inc.’s $3.75 million settlement in state prosecutors’ case over eBay’s anti-competitive agreement not to poach Intuit Inc.’s workers, a sibling to the recently rejected $324.5 million class action deal between tech giants and Bay Area engineers.
A Florida appeals court has rejected the state attorney general's request to stay its appeals of two rulings overturning the state's same-sex marriage ban, instead consolidating and certifying them for consideration by the Florida Supreme Court.
The Texas Supreme Court said Friday that a legal recruiter’s former employer can be forced to remove allegedly defamatory Internet postings accusing him of bribing an associate at K&L Gates LLP, but the company cannot be prohibited from making similar statements in the future.
The Texas Supreme Court on Friday held that courts may set deadlines for objections to jury instructions, affirming a lower court’s order that found that a dredging vessel owner's objection to a jury instruction in a dispute over a worker's injury was untimely.
A California appeals court on Thursday affirmed a lower court’s decision to decertify a class of technicians in a suit brought against Comcast Corp. for allegedly overworking them and denying them meal and rest breaks, holding that data from a system for measuring the technicians’ time was unreliable.
More than Detroit’s financial future is at stake in the battle royale that will kick off Tuesday on the city’s proposed restructuring, attorneys say — it will also dictate how distressed municipalities nationwide can fix their lopsided balance sheets in the face of runaway pension costs.
A move by New York City leaders to mitigate pay cuts imposed on school bus drivers under less labor-friendly contracting rules by granting them $42 million is rankling spending watchdogs as well as contractors who won't accept the payout quietly, experts say.
In trumpeting its first-ever whistleblower award to a compliance and audit professional, the U.S. Securities and Exchange Commission on Friday also inadvertently disclosed information that could be used to determine the identity of a person who faced an enforcement action because of the whistleblower’s tip.
Following decisions in their favor, same-sex couples from Virginia and Oklahoma have urged the U.S. Supreme Court to review rulings that found against same-sex marriage bans in their states, saying the time is now to clarify whether those types of prohibitions are unconstitutional.
A contractor to the U.S. Department of Labor has petitioned the U.S. Supreme Court to hear its case arguing that the Missouri director of revenue wrongly counted a trust created for a deferred compensation plan as business income.
The U.S. Department of Justice is urging a California federal judge to reject free speech arguments advanced in a False Claims Act case by Pharmaceutical Research and Manufacturers of America, adding more fuel to a fiery debate surrounding punishment of off-label promotion.
A New Jersey federal judge on Thursday granted conditional class certification in a suit alleging UnitedHealth Group Inc. improperly demanded reimbursement for overpaid claims, but the class lost a lead plaintiff after the judge reconsidered an earlier determination of the plaintiff's standing to sue.
The Eighth Circuit on Friday revived most of a former Planned Parenthood employee's whistleblower suit, breathing new life into allegations that the health care provider engaged in a multiyear scheme of submitting false Medicaid claims that resulted in inflated reimbursements.
Retailer Abercrombie & Fitch Co. on Friday reached a settlement in Ohio federal court with a shareholder who accused company directors including CEO Michael Jeffries of violating their fiduciary duties by failing to link CEO pay with performance and other lapses.
The U.S. Department of Justice has intervened in two False Claims Act lawsuits brought by whistleblowers who say that for years, UnitedHealth Group Inc. defrauded Medicare by billing for hospice care delivered to patients who weren’t terminally ill.
San Francisco Bay Area-based Walsh Law Firm and Ramsey Law Group on Thursday collectively won about $400,000 in arbitration from an Atlanta data infrastructure company, which the arbitrator said had engaged in “Monday-morning quarterbacking” when it tried to get out of a settlement with AT&T.
Workers at two Gap Inc. garment factories in Myanmar have been subjected to verbal abuse and forced to work excessive hours without adequate pay, though the factories have taken steps to remedy the issues, according to an internal audit recently submitted by the retailer to the U.S. Embassy in Myanmar.
Paid sick leave measures pending in several New Jersey towns are increasing the pressure for a uniform statewide standard, and while a bill poised for consideration in September currently calls for more time off for workers than local proposals do, that could be a tough sell to Gov. Chris Christie.
It is increasingly important for employers to know their legal limits when monitoring employee conduct since employees may question the legality of employer's monitoring their off-site conduct, especially when they are off-duty, says Michael Abcarian of Fisher & Phillips LLP.
The departure of attorneys from large firms is a trend that has increased as a result of the Great Recession and its aftermath, and boutique firm partners who previously worked at large firms understand the potential large-firm pitfalls, say attorneys with Levine Kellogg Lehman Schneider & Grossman LLP.
Board of Trustees of IBT Local 863 Pension Fund v. C&S Wholesale Grocers Inc./Woodbridge Logistics LLC is a departure from how multiemployer pension withdrawal liability has been calculated since the Pension Protection Act was passed and the case may open the door for new challenges that could reduce the amounts owed by withdrawing employers, say Blake MacKay and Emily Hootkins of Alston & Bird LLP.
Overall, the U.S. Supreme Court's decisions this term presented some differences from last, when all five of the major decisions impacting labor and employment issues were employer-friendly but they were all 5-4 opinions, says Teeka Harrison of Polsinelli PC.
In recent years, unions have intensified their tactics to pressure hotels by attempting to persuade trade associations and professional organizations not to hold their events at the target hotel. But as a recent case involving Chicago’s Congress Plaza shows, hotels are not defenseless against this strategy, say Michael Starr and Edward Frischling of Holland & Knight LLP.
Contracts for providing and obtaining technology establish important, often long-term relationships. When they involve mission-critical products and services, the impact of a flawed contract can be devastating, says Craig Auge of Vorys Sater Seymour and Pease LLP.
Every business runs at least in part on technology — and, when contracting for technology products and services, the “gotchas” don’t discriminate based on size or industry. All parties can benefit from avoiding these situations, says Craig Auge of Vorys Sater Seymour and Pease LLP.
The National Labor Relations Board's decision in Intertape Polymer regarding employer surveillance will affect future union organizing efforts by restricting employer communications to "ordinary" activity during organizing campaigns, says Nelson Cary of Vorys Sater Seymour and Pease LLP.
Companies doing business in Central America may want to pay attention to an approaching deadline in a labor law dispute between the United States and Guatemala over the country’s alleged failure to enforce its labor laws in the apparel, agricultural, and food processing industries, says Joseph Laroski, counsel with King & Spalding LLP and former associate general counsel in the Office of the U.S. Trade Representative.
If a Texas appellate court had found the particular clauses of intent within a contractual agreement between independent representatives and their employer in Momentis U.S. Corp. v. Weisfeld insufficient for the purposes of contract formation then it would likely have undone the balance of online contracts, says Richard Raysman of Holland & Knight LLP.