• November 30, 2015

    Justices Doubt 'Last Act' Time Bar For Certain Bias Claims

    U.S. Supreme Court justices on Monday questioned the viability of pegging the start date of an ex-employee's adversarial work environment claim to the last allegedly discriminatory act rather than the worker’s resignation, highlighting the ambiguity surrounding the standard in an ex-postmaster’s suit against the U.S. Postal Service.

  • November 30, 2015

    Blank Rome DQed From Boston Scientific Kickback Suit

    In a published opinion, a New Jersey federal judge on Monday overturned a federal magistrate judge’s decision by disqualifying Blank Rome LLP from representing two whistleblowers because an associate with the firm used to work with Boston Scientific Neuromodulation Corp., which faces kickback allegations involving a spinal-cord device.

  • November 30, 2015

    Ex-Enterprise Worker Loses 2nd Sanctions Bid In Bias Suit

    A Rhode Island magistrate judge on Monday denied a second attempt for sanctions against Enterprise Rent-A-Car by an ex-employee claiming he was fired for complaining of workplace discrimination, saying that nothing during a recent deposition resulted in any “improper” coaching by the company's attorneys.

  • November 30, 2015

    CVS Pharmacists Win OK For $3M OT Deal On 2nd Shot

    A California federal judge on Monday approved a nearly $3 million settlement between CVS Pharmacy Inc. and a class of pharmacists alleging they were denied overtime wages, saying class counsel had addressed concerns about the settlement amount raised when the judge rejected the same deal in September.

  • November 30, 2015

    National Oilwell Workers Denied New Trial On Racism Claims

    A Texas federal judge on Monday rejected allegations of attorney misconduct and shot down an attempt to get a new trial by eight African-American men claiming race-based employment discrimination against National Oilwell Varco.

  • November 30, 2015

    Justices Won’t Hear Texas Vet's Occupational Speech Appeal

    The U.S. Supreme Court on Monday declined to take up a case that would have examined First Amendment restrictions on commerce as it relates to veterinary advice offered via the Internet.

  • November 30, 2015

    NJ High Court Could Bless Time Restrictions On Worker Suits

    New Jersey's high court will hear arguments Tuesday on whether companies can contractually restrict the window that workers have to file lawsuits, in a case that could give traction to an emerging tactic by employers to limit their exposure to workplace suits.

  • November 30, 2015

    RJ Reynolds Job Seeker Can Claim Disparate Impact

    The Eleventh Circuit reinstated an age discrimination collective action against R.J. Reynolds Tobacco Co., CareerBuilder LLC and recruiter Pinstripe Inc., ruling Monday that job seekers can pursue disparate impact claims against the tobacco company.

  • November 30, 2015

    High Court Boosts Argument Time In Teacher Union Fees Suit

    The U.S. Supreme Court on Monday granted an additional 10 minutes of argument time to each side in a closely watched case where a group of California teachers question whether they can be legally compelled to pay fees to unions.

  • November 30, 2015

    NY Laundromat Pays $600K To Settle EEOC Sex Bias Suit

    A Long Island-based laundromat on Friday agreed to pay nearly $600,000 to settle a suit filed by the U.S. Equal Employment Opportunity Commission on behalf of female employees who alleged the company allowed a manager to sexually harass them and then retaliated when they reported the behavior.

  • November 30, 2015

    Eatery, NLRB Split Over Gag Order Imperiling $1M Settlement

    A $1 million settlement in a case involving a New York City restaurant, a group that represents immigrant workers and a class of employees who say they were stiffed on overtime pay and tips is in jeopardy because the eatery opposes additional terms required by the National Labor Relations Board.

  • November 30, 2015

    NHL Wants Concussion Doc Demands Applied In Canada

    The National Hockey League last week asked the Minnesota federal court overseeing concussion litigation brought by former players to push a Canadian court to force a group of doctors and medical scholars who advised the players union to hand over related documents and communications sought by the league.

  • November 30, 2015

    NJ High Court Won't Hear Casino Injury Row

    The New Jersey Supreme Court has declined to consider whether a crane technician hired to work at the now-defunct Revel Hotel Casino’s construction site was liable for injuries sustained by a worker during the machine’s disassembly after the technician had left the site.

  • November 30, 2015

    Whistleblower Slams Fire Safety Contractor's 'Sham' Affidavit

    A whistleblower accusing a fire-safety defense contractor of falsely billing the government on employee travel blasted the company's attempts to avoid sanctions in Washington federal court Friday, arguing the undisclosed evidence that led to a mistrial declaration in October amounted to a “sham.”

  • November 30, 2015

    High Court Won't Hear Va. Worker's Title VII Settlement Claim

    The U.S. Supreme Court on Monday declined to review whether the Fourth Circuit erred by ruling that a Virginia commonwealth employee voluntarily waived a Title VII retaliatory discharge claim when he signed a settlement agreement stemming from his layoff, even though the pact made no mention of the federal claim.

  • November 30, 2015

    High Court Won't Hear Appeal Over Retirement Plan Changes

    The U.S. Supreme Court has declined to take up a class action accusing Embarq Corp. and other companies of improperly changing employees’ retirement benefits, rejecting an argument from retired employees that a Tenth Circuit ruling in the case presented an important question about when retirement benefits can be interpreted as irrevocable.

  • November 30, 2015

    ‘Bones’ Producer Claims Fox Cheated Him Out Of Profits

    The executive producer of the Fox Broadcasting Co. television show "Bones" slapped the network and several related companies with a complaint in California state court on Wednesday that alleges “Hollywood accounting” has caused him to not get his fair share of the drama’s profits.

  • November 25, 2015

    Funeral Home Can't Get 'Sexual Anatomy' Info In Bias Suit

    A Michigan federal judge on Wednesday refused to grant a funeral home’s renewed request to seek "intimate and private" information about a fired transgender worker's anatomy and background in a discrimination lawsuit, saying the information wasn’t relevant.

  • November 25, 2015

    Texas Appeals Court Dumps Longview's $600M Shale Win

    A Texas appeals court on Wednesday tossed an estimated $600 million judgment against Huff Energy Fund LP over Eagle Ford Shale mineral rights, ruling there was insufficient evidence to find Longview Energy Co. had a legitimate opportunity to obtain the disputed property.

  • November 25, 2015

    Ex-Faruqi Atty Sues For Slice Of Firm’s Leucadia Suit Fees

    An ex-Faruqi & Faruqi LLP partner who testified in a recent sex assault case against the firm launched a New York federal suit Wednesday, saying Faruqi didn’t pay her for work in shareholders’ litigation challenging Leucadia National Corp.'s $3 billion deal for Jefferies Group Inc.

Expert Analysis

  • Snapshot Of Oral Arguments In Green V. Brennan

    R. Scott Oswald

    The outcome for plaintiff Marvin Green may be murky after Monday's tangled arguments in Green v. Brennan, but the task before the U.S. Supreme Court is clear — to fashion an easy-to-understand rule that gives federal employees a fair shot at fighting “constructive discharge,” says R. Scott Oswald of The Employment Law Group PC.

  • NY Court Draws Right Conclusion In Employer Insurance Case


    In Hastings Development v. Evanston Insurance, a New York district court took an unnecessarily complicated route toward correctly determining the limits of an employer’s liability exclusion in a commercial general liability policy, say Mike Sampson and Jennifer Katz at Reed Smith LLP.

  • How Trial Counsel Can Take Advantage Of New Federal Rules

    Mark E. Tully

    Will the amendments to the Federal Rules of Civil Procedure actually help streamline cases, reduce discovery costs and improve case management? That is certainly the hope, although the key will be how well judges and counsel take advantage of early case assessment and management techniques, say Mark Tully and Michelle Briggs of Goodwin Procter LLP.

  • The High Price Of Disloyalty In New York

    Jyotin Hamid

    Employers in New York, among them many financial sponsors and their portfolio companies, have an extraordinarily powerful legal weapon at their disposal to wield against employees found to have engaged in disloyal conduct — the venerable but not widely appreciated “faithless servant” doctrine, says Jyotin Hamid of Debevoise & Plimpton LLP.

  • OPINION: In Search Of Our Best Law Firm Selves

    James Maiwurm.jpg

    Several developments over the past few months caught the eye of Jim Maiwurm, chairman emeritus of Squire Patton Boggs. Try as he might, he could not resist the temptation to comment on a few — such as the expansion of the Dentons “polycentric” empire, a confused verein controversy, and provocative suggestions that the law firm partnership model is a dinosaur.

  • Employers, Are You Prepared For Cyber Monday?

    Peter J. Stuhldreher

    Roughly 127 million people shopped on Cyber Monday last year — significantly more than the estimated 87 million in-store, Black Friday shoppers. Given the temptation for employees to use company or personal devices to shop for deals while at work, the shoppers’ “holiday” serves as a reminder for employers regarding the appropriate scope of their policies, say Peter Stuhldreher and Carmen Jo Rejda-Ponce of Reed Smith LLP.

  • 5th Circ. Clarifies And Complicates Choice-Of-Law Analysis

    Michael D. Karpeles

    As companies grow and expand into multiple states, determining the applicable law for restrictive covenants can be puzzling. In a case related to the merger of Prosperity Bank in Texas and F&M Bank in Oklahoma, the Fifth Circuit provides a useful road map, but also demonstrates that there is no certainty that the chosen law will be enforced against employees in other states, says Michael Karpeles of Greenberg Traurig LLP.

  • Inside DOD Whistleblower Rule For Confidentiality Agreements

    Albert B. Krachman

    The U.S. Department of Defense is now prohibited from contracting with firms that bind employees to confidentiality agreements that restrict their ability to report fraud, waste or abuse to appropriate investigative authorities. Albert Krachman and Stefanos Roulakis of Blank Rome LLP explore issues raised by the new regulations and the risks posed by noncompliance.

  • Key Takeaways From The SEC’s 2015 Whistleblower Report

    Christian R. Bartholomew

    The U.S. Securities and Exchange Commission's recently released whistleblower report makes clear that the commission will continue to focus on issues raised in the case of KBR, and that it is actively interested in any company documents, policies or statements suggesting that an employee talks to the SEC at his or her own peril, say attorneys with Jenner & Block LLP, including a former SEC trial lawyer.

  • New Federal Rules Acknowledge It’s Time To Drop The 'E'

    Gregory Leighton

    The amendments to the Federal Rules of Civil Procedure scheduled to take effect Dec. 1 are designed to usher in a new era in the U.S. litigation system, this time acknowledging that what was once known as “e-discovery” is now just discovery. The amendments are sweeping in scope, but none is more important than the revised Rule 37(e), say Gregory Leighton and Eric Choi of Neal Gerber & Eisenberg LLP.