• September 16, 2014

    BNY Mellon Loses Bid To Toss Pension Fund's $11M Suit

    An Illinois federal judge on Tuesday rebuffed the Bank of New York Mellon Corp.'s bid to dismiss a union pension fund's suit claiming the bank cost it $11 million by making high-risk "prohibited transactions" with its assets, ruling that the fund pled adequate facts to support its allegations.

  • September 16, 2014

    DLA Piper Snags Ex-Kirkland & Ellis Atty For NYC Practice

    DLA Piper has announced that it added a former Kirkland & Ellis partner with experience in complex commercial disputes and corporate fraud, including the False Claims Act and the Foreign Corrupt Practices Act, to bolster its litigation practice in New York.

  • September 16, 2014

    Target's Class Deal Minus Atty Sushi Bills Gets Judge's OK

    Target Corp.’s $350,000 class action settlement with workers over delayed paychecks was signed off by a California district judge on Tuesday, who also approved a reduced fee and cost request from class attorneys she had scolded for seeking reimbursement on coffees and sushi dinners.

  • September 16, 2014

    4 Tips For Retail Employee Social Media Policies

    As a recent National Labor Relations Board decision against The Kroger Co. demonstrates, employees' use of social media has been a difficult area for the retail industry to navigate. Law360 spoke to employment attorneys to come up with a list of four tips retailers should follow to make sure their social media policies don't run afoul of the NLRB.

  • September 16, 2014

    Schlumberger To Appeal Ex-GC's Award In Trade Secret Case

    Schlumberger Ltd. said Monday it plans to appeal a $600,000 award entered against it after a Texas judge threw out the majority of a lawsuit the company had filed accusing its former chief intellectual property lawyer of sharing trade secrets with Acacia Research Group.

  • September 16, 2014

    Class Wins Remand Of Best Buy Stock Option Action

    Employees of a cloud-services company that Best Buy Co. Inc. had sold won remand of their suit accusing it of reneging on stock options contractually promised to them, with a Minnesota federal judge saying Tuesday that Best Buy didn't show the amount at issue exceeds the threshold for removal.

  • September 16, 2014

    NJ Court Won't Restore Oil Delivery Driver's Bias Suit

    A New Jersey appeals court on Tuesday wouldn't revive an oil delivery driver's discrimination suit against his former employer, refusing to find the company vicariously liable over an instructor's racially charged remarks and denying that a cold shoulder from co-workers could help support the bias claims.

  • September 16, 2014

    NLRB Reaffirms Little River Casino Labor Violation Ruling

    The National Labor Relations Board on Monday reaffirmed its ruling that it had jurisdiction to enforce collective bargaining laws at a tribal casino, echoing its previous ruling on the matter that the Sixth Circuit had vacated in light of the high court's Noel Canning ruling.

  • September 16, 2014

    Jaffe & Asher Denies Ex-Worker's Sexual Harassment Claims

    A former Jaffe & Asher LLP employee lacks evidence that the firm's technology director sexually harassed her by making unwanted advances at a bar, an attorney representing the firm said in New York federal court Tuesday.

  • September 16, 2014

    Wagner Law Group Opens 2nd Fla. Office In Tampa

    Boston-based employment and real estate law firm Wagner Law Group announced Tuesday that it is opening its second Florida location with an expansion to Tampa.

  • September 16, 2014

    GOP Sens. Float NLRB Reforms To Curb Partisan Activity

    Republican Sen. Lamar Alexander introduced legislation Tuesday co-sponsored by Senate Minority Leader Mitch McConnell to reconfigure the National Labor Relations Board by adding a sixth member as well as provisions to ensure equal Democratic and Republican representation, saying the board's partisan activism needs to be reined in. 

  • September 16, 2014

    Top NY Court Mulls Wage Order In SimplexGrinnell Dispute

    SimplexGrinnell LP and its building fire alarm system maintenance public contract workers sparred Tuesday in New York's top court over whether a labor agency edict — that such work would be subject to the state's worker-friendly prevailing wage laws in the future — foreclosed recovery in a private suit for alleged past underpayments.

  • September 16, 2014

    Canon Settles Employee Background Check Suit

    Canon Solutions America Inc. has agreed to settle a proposed class action brought by a former data entry worker who had accused the company of illegal criminal background check practices, according to a dismissal notice filed in New Jersey federal court Tuesday.

  • September 16, 2014

    Judge Recused From Noncompete Row After Bias Accusations

    A Dallas County judge on Monday was recused from a noncompete dispute involving a health care staffing firm, weeks before the case was set to start trial, after the firm alleged he was biased by both campaign contributions from the defendants’ lawyer and an acrimonious relationship with a firm hired to aid the plaintiffs.

  • September 16, 2014

    DOD Seeks Public Comment On Contractor Pay Cap

    The Department of Defense on Tuesday asked for public input on the amount it should pay toward contractor salaries, saying that it is seeking a new way to calculate future increases after its previous formula caused contractor salaries to rise too fast for Congress's liking.

  • September 16, 2014

    Raff & Becker Attys Urge Court To Toss Ex-Judge’s FCA Suit

    Raff & Becker LLP on Monday urged a New York federal court to toss a former judge’s False Claims Act suit, saying he failed to prove the firm conspired with the state or made false claims, and breached his professional responsibility by sharing confidential client information.

  • September 16, 2014

    Ruby Tuesday Pays $3M To Settle FLSA Wage Suit

    Ruby Tuesday Inc. on Monday agreed to pay $3 million to end a wage-and-hour collective action in New York federal court accusing the restaurant chain of forbidding more than 4,000 tipped employees from logging all of their hours into the company's timekeeping system.

  • September 16, 2014

    Black & Decker Shells Out $5M To Settle Wage Class Action

    Stanley Black & Decker Inc. and a slew of its subsidiaries agreed to pay nearly $5 million in California federal court on Monday to settle a proposed class action accusing the power tool company of depriving field technicians of proper wages, as well as failing to give hundreds of workers accurate pay stubs.

  • September 16, 2014

    Detroit Creditors Give Ground To Seal Syncora Deal

    The city of Detroit has secured the concessions it needed from retirees and certain bondholders to seal a settlement that will end Syncora Holdings Ltd.’s objections to its Chapter 9 restructuring plan, a source with knowledge of the situation said Tuesday.

  • September 15, 2014

    Washington Farm Faces EEOC Pregnancy Bias Suit

    The U.S. Equal Employment Opportunity Commission on Monday lodged a complaint against Tiny’s Organic LLC in Washington federal court, alleging the family-owned farm unlawfully fired a worker because of her pregnancy. 

Expert Analysis

  • Differing, Changing Pleading Standards For FCA Suits

    Jonathan Feld

    Two recent decisions — U.S. v. Momence Meadows Nursing Center Inc. and U.S. v. Planned Parenthood — highlight the difference among circuits in the way they treat False Claims Act actions. While some courts are raising the bar on qui tam pleadings, other courts are making it easier to bring suit under the FCA, says Jonathan Feld of Dykema Gossett PLLC.

  • Brace For This Brief's Impact On The Supreme Court

    James H. Wendell

    SCOTUSblog founder Thomas Goldstein's no-party, no-argument amicus brief in M&G Polymers USA LLC v. Tackett is likely the first of its kind before the U.S. Supreme Court, making it one of the more intriguing developments of the upcoming term. It can demonstrate the power of a data-centric argument, says James Wendell of Riddell Williams PS.

  • Texas High Court Stays Course On Restrictive Covenants

    David M. Gregory

    The Supreme Court of Texas' decision in Drennen v. Exxon Mobil Corp. approved an alternative approach for employers to garner periods of noncompetition from prior employees and continues the court’s recent trend toward broader enforcement of restrictive covenants, says David Gregory of Locke Lord LLP.

  • ACA Tax Subsidy Dispute May End Up Before High Court

    J. Peter Rich

    Given the political composition of the D.C. Circuit as it prepares to hear Halbig v. Burwell en banc, it is expected that the full court will rule in favor of the government, which may ultimately result in appeal to the U.S. Supreme Court, say J. Peter Rich and Lauren D'Agostino of McDermott Will & Emery LLP.

  • OPINION: Pro Bono May Help Diversity Recruiting Efforts

    David A. Lash

    A recent Law360 article about the perennial BigLaw concern over how to recruit and retain female and ethnically diverse attorneys addressed a new approach being taken by some law firms — going beyond traditional mentoring programs by creating a sponsorship relationship. Pro bono can also play a part, say David Lash and Merle Vaughn of the Association of Pro Bono Counsel.

  • Answering Your Questions On NJ's 'Ban-The-Box' Law

    Jill R. Cohen

    New Jersey employers should understand that the Opportunity to Compete Act that Gov. Chris Christie recently signed into law is more lenient than prior iterations — which would have prohibited employers from asking about criminal records until after a conditional offer of employment was made to an applicant, says Jill Cohen of Eckert Seamans Cherin & Mellott LLC.

  • How Research Efficiency Impacts Law Firm Profitability

    David Houlihan

    For a law firm, excess time dedicated to legal research generates waste, either in the form of artificially reduced billable hours or, particularly in flat or contingency fee projects, as overhead eroding the profitability of legal work. By measuring five factors, firms will begin to understand their own opportunities for improving profits, says David Houlihan of Blue Hill Research Inc.

  • A Wake-Up Call To Counsel Over ESI Discovery

    Eric P. Mandel

    There are two important takeaways from Brown v. Tellermate Holdings Ltd. — search terms often produce both over-inclusive and under-inclusive results and it's imperative counsel test the accuracy of electronically stored information search methodology before committing to use it or to a firm production timetable, say Charles Ragan and Eric Mandel of Zelle Hofmann Voelbel & Mason LLP.

  • EB-5 Visa Unavailability Will Have A Large Impact

    Mona Shah

    The EB-5 visa program has evolved into a multibillion-dollar industry, and clarification from the U.S. Department of Homeland Security's United States Citizenship and Immigration Services on issues surrounding the visa backlog is necessary to stabilize the program and capital markets in the U.S., say Mona Shah and Yi Song of Mona Shah & Associates.

  • 7th Circ. Limits FCA 'Worthless Services' Theory

    Ty Howard

    While Absher v. Momence Meadows Nursing Center Inc. leaves open the potential that a worthless services theory could give rise to False Claims Act liability, the Seventh Circuit’s interpretation severely limits such liability to those cases in which a defendant effectively provided no service of value at all, says Ty Howard of Bradley Arant Boult Cummings LLP.