Ellen Pao’s high-profile loss in her $100 million gender discrimination battle against former employer Kleiner Perkins Caufield & Byers LLC is likely to deter other female professionals from sticking their necks out and waging similar fights against venture capital firms and technology companies, lawyers say.
JC Penney Co. Inc. on Friday asked the Texas Supreme Court to overturn a $3.1 million attorneys' fee awarded by a trial judge in a shareholder derivative suit against the retailer that alleged an improper executive compensation scheme, arguing that the lower courts erred in refusing to use the lodestar method to calculate the fees.
Tennessee’s high court ruled Friday in a case of first impression that a worker can’t qualify as a “whistleblower” under state law unless they report their employer’s wrongdoing to someone besides the perpetrator, which might require contacting an outside entity.
A Pennsylvania judge ruled the family of the late Joe Paterno can’t sue Penn State University and the NCAA for breach of contract over fallout from the Jerry Sandusky scandal, according to an order released Monday, the second time the judge has thrown out the claims.
An Orrick Herrington & Sutcliffe LLP partner on Friday urged a New York federal judge to toss a suit claiming that he got an ex-Handler Thayer LLP attorney fired after he was sanctioned by the Second Circuit for trying to disqualify the firm, calling it "the latest in a campaign of harassment."
A Kansas federal judge on Monday gave preliminary approval of a proposed more than $730,000 settlement of a years-long employment class-action suit that has pitted current and former Tyson Foods Inc. workers against the company.
The federal government on Monday sued Southeastern Oklahoma State University and the Regional University System of Oklahoma for allegedly discriminating against a transgender employee by denying her application for tenure and later terminating her because of her gender identity.
Law360's Rising Stars recognizes attorneys under 40 who have demonstrated outstanding career accomplishments. This year, King & Spalding LLP and Sidley Austin LLP led the pack with seven Rising Stars each, followed by Gibson Dunn and Sullivan & Cromwell LLP with six Rising Stars each, and Jones Day and Kirkland & Ellis LLP with five Rising Stars apiece.
A Florida federal judge on Monday refused to dismiss a proposed class action accusing Whole Foods Market Group Inc. of violating the Fair Credit Reporting Act with its employee background check notification methods, ruling the suit alleged Whole Foods’ liability release was included in a disclosure document.
The U.S. Department of Labor said on Friday that it was extending the deadline for comments on a proposed rule to revise sex discrimination guidelines for federal contractors, in light of a recent U.S. Supreme Court ruling that revived a pregnancy bias case against United Parcel Service Inc.
Four states looking to keep in place bans on same-sex marriage told the U.S. Supreme Court on Friday that it should be up to their voters to define marriage, not the federal judiciary.
Two relators in a False Claims Act row involving Taylor Bean & Whitaker Mortgage Corp. and Home America Mortgage Inc. have hit back at their former counsel’s claim to fees stemming from a $320 million settlement, urging a Georgia federal judge to invalidate a lien on their share of the deal.
A pair of Pennsylvania dioceses and affiliated nonprofits are asking the Third Circuit to reconsider requiring them to comply with the Affordable Care Act’s contraceptive coverage mandate, saying the court misunderstood the Catholic faith when ruling that merely waiving participation in the program wasn’t a substantial burden on their religious beliefs.
American Apparel Inc. has clarified its media policy after four employees filed complaints with the National Labor Relations Board alleging the newly implemented guidelines were intended to silence its workers from speaking to the press.
Thirteen of the biggest contractors with the U.S. Department of State have policies that could dissuade employees from reporting fraud, although none have ever enforced those policies, the Office of Inspector General said in a report made available Monday.
As a class action unfolds in Colorado alleging au pairs on the J-1 visa program have had their wages fixed at $4.35 per hour, Law360 takes a closer look at the exploitation of domestic workers by abusive employers who range from middle-class families to high-ranking diplomats.
A Google Inc. software engineer on Monday withdrew his objections to a $415 million settlement in the antitrust class action accusing Apple Inc., Google Inc. and others of illegally agreeing to not poach engineers, asking a California federal judge to disregard concerns he raised Friday.
The IRS said in final regulations released Monday that limitations on deducting excessive compensation for executives of publicly held companies apply to all types of equity-based compensation, not just stock options and appreciation rights.
An Illinois federal judge on Monday pushed a whistleblower into arbitration and out of a False Claims Act suit alleging mismanagement and kickbacks by KBR Inc. and two subcontractors in Iraq, saying the former employee was subject to arbitration contract provisions.
Pioneer Hotel Inc. urged a Nevada federal judge Friday to toss a suit brought by the U.S. Equal Employment Opportunity Commission that claims that the hotel discriminated against a group of Mexican employees, alleging the agency “unabashedly flouted its discovery obligations.”
Although further clarification is needed, courts appear to be leaning toward interpreting the Affordable Care Act's amendments to the False Claims Act's public disclosure bar as a nonjurisdictional defense. Litigants in FCA cases must therefore be prepared for corresponding changes in motion practice, timing and overall burdens, say Lori Pines and Shireen Nasir at Weil Gotshal & Manges LLP.
The separate decisions by federal judges in class actions against Uber Technologies Inc. and Lyft Inc. to permit juries to decide whether the companies' drivers are employees or independent contractors may have far-reaching implications for companies that use a 1099 business model and fail to properly structure and document independent contractor relationships, say attorneys at Pepper Hamilton LLP.
Many mediation orders state that attendees must have “full settlement authority” without providing clarity as to what that term actually means. Attendance by just outside counsel or a corporate spokesperson is not enough, even if someone else with full settlement authority is just a phone call or keystroke away, say Douglas Flaum and Kevin Broughel of Paul Hastings LLP.
While the U.S. Supreme Court's extension of the Pregnancy Discrimination Act in Young v. United Parcel Service Inc. may well have little impact on employer policies, for Title VII litigation, the high court's description of the shifting burdens of proof is problematic, say Aaron Ver and Neal Mollen of Paul Hastings LLP.
After Leyden v. American Accreditation Healthcare Commission, employers might begin to reconsider their longtime affection for internal policies that profess a company’s commitment to protecting whistleblowers from retaliation, say Matthew Stiff and Debra Katz of Katz Marshall & Banks LLP.
For reliance material that is not admitted on the stand, consider bolstering the testimony by having the expert describe the evidence generally, but in a way that signals to the jury that the expert has a strong foundation of supporting facts and data. If done well, such testimony can open the door to admitting the evidence, say Jason McDonell and Heather Fugitt of Jones Day.
The recent reversal of earlier dismissals of two union representation petitions from graduate students by the National Labor Relations Board has boosted unionization efforts by teaching and research assistants at private universities — the move could even pave the way for the NLRB to overturn its 2004 Brown University decision, say Daniel Johns and Emilia McKee Vassallo of Ballard Spahr LLP.
It is hard to imagine how a new, separate, distinct duty to disclose inside information about public companies under the Employee Retirement Income Security Act, along with the specter of ERISA fiduciaries becoming a new source of “material” information about public companies, would not cause more harm than good, say H. Douglas Hinson and Emily Costin of Alston & Bird LLP.
An employer can use the Internal Revenue Services' recent notice on the Affordable Care Act's so-called Cadillac tax to approximate the cost of coverage for employees. Since the cost will likely vary by employee, employers may want to estimate costs under a range of coverage scenarios, say attorneys at Quarles & Brady LLP.
Until Congress agrees on uniform responsibilities and liabilities for data breaches, companies operating in the U.S. must traverse a patchwork of laws in 47 states and the District of Columbia. Still, firms can and should develop a written information security response plan and maintain relationships with breach response vendors, say Elizabeth Rogers and Alan Sutin of Greenberg Traurig LLP.