• October 24, 2016

    Rainmaker Q&A: León Cosgrove's John Bosco

    The vast majority of time spent on business development does not directly lead to a tangible payoff in the short term. One of the best things I have learned from my legal mentors is not to look for immediate gratification, says John Bosco, partner at León Cosgrove LLC.

  • October 21, 2016

    Ex-Blue Shield Exec Can't Ditch Suit Over Revealed Secrets

    A California judge ruled Friday that a former Blue Shield of California executive accused of divulging confidential records while publicizing the company's alleged abuses of its nonprofit status doesn't have an automatic First Amendment right to escape his former employer's breach of contract suit.

  • October 21, 2016

    Church-Linked Hospitals Urge Justices To Hear ERISA Cases

    Church-affiliated hospital networks in New Jersey and Illinois once again urged the U.S. Supreme Court this week to weigh in on whether employee retirement plans maintained by such organizations are exempt from the federal Employee Retirement Income Security Act, citing the potential for dire financial impacts from recent circuit court decisions.

  • October 21, 2016

    NFL Must Tread Carefully With Giants' Brown Abuse Scandal

    The NFL is again facing questions about its discipline for domestic violence after more details emerged about the extent of New York Giants kicker Josh Brown's alleged domestic abuse, but as the league reopens its inquiry into Brown, experts said it must tread carefully to avoid another legal battle with the players union.

  • October 21, 2016

    SuperValu Can't Shed FCA Suit Over Pharmacy Prices

    An Illinois federal judge on Friday kept alive a False Claims Act suit accusing SuperValu pharmacies of charging the government more than the general public, finding that lower drug prices could be “usual and customary” regardless of how often they were actually paid.

  • October 21, 2016

    Constangy Seeks To Withdraw From Farm Workers' Bias Suit

    Constangy Brooks Smith & Prophete LLP asked a Florida federal court Friday to let it withdraw, on the eve of trial, from representing a blueberry farm in a national origin discrimination lawsuit brought against it by a class of Haitian workers, citing a recently discovered conflict of interest.

  • October 21, 2016

    7th Circ. Rules Against Fired Worker Who Sued Colleagues

    As long as a statement is substantially true it cannot give rise to a claim for tortious interference under Wisconsin state law, the Seventh Circuit said Thursday, upholding a lower court’s ruling against a man who sued former colleagues after he was fired from a Wisconsin medical research institution.

  • October 21, 2016

    Union Says US Airways Merger Claims Can't Get Off Ground

    A union that represents American Airlines pilots urged a D.C. federal court on Friday to dismiss claims that it failed to secure benefits for a group of pilots absorbed in American’s 2013 merger with US Airways, saying those claims belong in arbitration.

  • October 21, 2016

    US Given Chance To Refile $320M FCA Suit

    A Florida federal judge on Friday clarified that the dismissal of a whistleblower’s $320 million False Claims Act suit against a hospice care provider does not affect the government’s ability to file its own lawsuit over the alleged wrongdoing.

  • October 21, 2016

    Mass. Transit Worker Wins $2.6M Discrimination Verdict

    A Massachusetts Bay Transportation Authority worker who claimed she was subjected to racial taunts and discrimination won a $2.6 million verdict in Boston federal court Thursday.

  • October 21, 2016

    Health Hires: Crowell & Moring, Goodwin, Faegre

    Crowell & Moring LLP has added an Employee Retirement Income Security Act and Affordable Care Act partner in its corporate, health care, tax and labor and employment groups. Goodwin Procter LLP grew its life sciences practices through a partner from U.S. Food and Drug Administration boutique Kleinfeld Kaplan & Becker LLP, and a UnitedHealth Group attorney has joined Faegre Baker Daniels’ insurance and health practices.

  • October 21, 2016

    BigLaw Turns To Partners To Shore Up Disability Risk

    With elite partnerships seeing more midcareer rainmakers pulling down seven-figure salaries, BigLaw is asking partners to pony up for an exotic insurance product to help protect the financial health of the business in the event rainmakers are suddenly disabled, experts say.

  • October 21, 2016

    Offshore Worker Injury Suit Heads For Texas High Court

    The Texas Supreme Court on Friday agreed to hear an offshore oil and gas company’s argument it can’t be held liable under the Jones Act to a worker injured when one of its ships was undergoing major reconstructions.

  • October 21, 2016

    FedEx Drivers' $15M Wage Deal Gets Green Light

    An Oregon federal judge signed off Friday on FedEx Ground Package System Inc.'s $15.4 million class settlement with drivers who were allegedly shortchanged on wages, more than two years after the Ninth Circuit found the drivers were misclassified as independent contractors.

  • October 21, 2016

    Pa. Wage Law Bars Payroll Debit Cards, Appeals Court Says

    A Pennsylvania appeals court issued a published decision in a wage class action on Friday agreeing that a McDonald's franchisee ran afoul of state wage laws by requiring employees to accept their pay on debit cards.

  • October 21, 2016

    TSI Seeks Reversal Of $5M Trade Secrets Verdict

    Measuring instrument company TSI Inc. wants a Washington federal judge to overturn and dismiss a $5.1 million jury verdict against it that found the former A.H. Lundberg Associates Inc. customer hired away a vital Lundberg employee and stole secret wood-drying technology, saying on Thursday that there is no evidence pointing to legally protectable trade secrets.

  • October 21, 2016

    Robert Half Sued Over FCRA Violations In Background Checks

    Robert Half International Inc. is facing a proposed class action filed in California federal court on Thursday by an Ohio man who accuses the staffing agency of reporting a false felony conviction to a potential employer before he could contest it, in violation of the Fair Credit Reporting Act.

  • October 21, 2016

    DC Circ. Urged To Revive FCA Allegations Against KBR

    A whistleblower pushed the D.C. Circuit to bring back False Claims Act allegations that KBR inflated military recreational facility usage in billing for staff levels, arguing Friday that the lower court overrated evidence that the Pentagon was indifferent to the usage when deciding to pay the contractor.

  • October 21, 2016

    Celebrity Chef, Others Fork Over $1.75M To End Wage Suit

    A group of current and former tipped employees at Scarpetta restaurant in Manhattan urged a New York federal judge Friday to grant preliminary approval to a $1.75 million deal with “Chopped” judge Scott Conant and others, resolving a proposed class and collective action over the Italian eatery’s wage and tip policies.

  • October 21, 2016

    IRS Can’t Tax Non-Cash Pay, Rail Co. Tells 8th Circ.

    The federal government violated the Railroad Retirement Tax Act when it collected $75 million in taxes on stock transfers and payments made to railroad employees for signing collective bargaining contracts, Union Pacific Railroad Co. has told the Eighth Circuit.

Expert Analysis

  • Getting More Value From Your Damages Expert

    David J. Ottenbreit

    It is not uncommon for litigation attorneys to delay retaining damages experts for their cases until fact discovery has either ended or is nearly exhausted. While this may minimize cost, the resulting work product and testimony for the damages case may not be as strong — which could be pivotal if the case comes down to a “battle of the experts,” say members of Gnarus Advisors LLC and Saul Ewing LLP.

  • The Supreme Court Vacancy And An Equally Divided Court


    The seat on the U.S. Supreme Court left vacant by the death of Justice Antonin Scalia has been empty now for more than six months. As a result, the ability of the remaining eight-justice court to decide cases is impaired. This is nowhere more apparent than in the number of recent cases deadlocked on a 4-4 tie vote, says David Axelrad of Horvitz & Levy LLP.

  • Calif. High Court Scrutinizes On-Call Rest Breaks

    Barbara L. Harris Chiang

    The California Supreme Court's decision in Augustus v. ABM Security Services may have a huge impact on how employers handle rest breaks. If the court of appeal’s decision is reversed, employers who have on-call policies, or informal requirements that employees be reachable during breaks, may face substantial liability for past and future practices, say attorneys at Kaufman Dolowich & Voluck LLP.

  • When Your Client Is The President


    I went to the law books, where I discovered the crime of “obstruction of justice,” and realized I was right in the middle of a criminal conspiracy. I didn't fully understand my conduct during Watergate until — decades later — I learned about the psychology of cover-up at work, says John Dean, who served as White House counsel for President Richard Nixon.

  • Not Quite Final: The Fight Over DOL's New Overtime Rules

    L. Julius M. Turman

    While some welcome the U.S. Department of Labor’s new overtime pay requirements, others believe the revisions ignore the type of work performed in favor of doubling the salary threshold for overtime exemption. Although many employers are wondering if recent challenges to the rules will stop them from coming into force, they are advised to take necessary steps to ensure compliance, say Julius Turman and Ariana Goodell of Reed Smith LLP.

  • Trial Pros’ Secret To Courtroom Success

     Jamin S. Soderstrom

    Somewhat surprisingly, very few of the dozens of "trial pros" who have been interviewed by Law360 have revealed the secret to effective trial preparation that is vital to their success. But ultimately, the “secret” to effective trial preparation is not actually a secret, says Jamin Soderstrom of Soderstrom Law PC.

  • How Obama’s Immigration Actions Are Benefiting Employers

    Daniel P. Berner

    Since President Barack Obama’s 2014 executive actions on immigration, the U.S. Department of Homeland Security has created useful additional vehicles for foreign skilled immigrants and entrepreneurs to obtain employment authorization. While no panacea, these measures have improved certain key immigration benefits widely used by employers and entrepreneurs, says Daniel Berner of Berner Law PLLC.

  • DTSA's Reach Extended To Continuing Misappropriation

    Casey Griffith

    Recent federal court decisions in Adams Arms and TriZetto support the interpretation that any post-Defend Trade Secrets Act misappropriation — including continued misappropriation commenced prior to DTSA enactment — is subject to the DTSA. Consequently, trade secret claimants may have even easier access to federal court than previously thought, say Casey Griffith and Michael Barbee of Griffith Bates Champion Harper LLP.

  • Are Your Witnesses Watered Down?


    Look at any deposition of any witness and within a few moments you will see them reach for the water glass, bottle, carafe or pitcher and quaff with seemingly unquenchable thirst. What could possibly be wrong with that? As a trial consultant for over three decades, I am going to tell you, says Dr. Ross Laguzza of R&D Strategic Solutions LLC.

  • Re-Examining Fair Consideration For Restrictive Covenants

    Peter A. Steinmeyer

    In Reed v. Getco an Illinois appeals court recently ruled that Getco could not waive an employee's noncompete period in order to avoid paying him for a post-employment noncompetition period. In the last few years courts in multiple states have considered similar disputes and in light of this judicial climate employers have been exploring the meaning of “consideration” in the noncompete context, says Peter Steinmeyer of Epstein Becker & Green PC.