Employment

  • July 31, 2015

    NJ Appeals Court Pares Ex-Police Chief's Conviction

    A New Jersey appeals panel ruled Friday a former Bergen County police chief and former Democratic assemblyman convicted of meddling in cases involving a former girlfriend and her son is cleared of an insurance fraud charge and can be retried on an official misconduct charge due to a prosecutor's improper comments about his political ties.

  • July 31, 2015

    5th Circ. Revives Ex-Tesoro VP's SOX Whistleblower Claim

    The Fifth Circuit on Friday revived a Sarbanes-Oxley Act whistleblower suit leveled against Tesoro Corp. by a former vice president who said he was fired after reporting that the company counted taxes as revenue, saying that although his complaint was garbled it shouldn't have been completely dismissed.

  • July 31, 2015

    No Injunction For Wife-Switching Deputies, Judge Says

    A Louisiana federal judge has refused to reinstate a sheriff’s deputy to his previous detective job in a suit over his and his co-deputy's demotion and suspension for moving in with each other’s wives, ruling that the man failed to meet the requirements for an injunction.

  • July 31, 2015

    LA Coliseum Bribery Suit Won’t Pause For Criminal Trial

    A California judge on Friday refused to put on hold a long-running suit alleging a former Los Angeles Memorial Coliseum Commission official accepted bribes in exchange for reduced venue fees for two rave promoters, saying the promoters' Fifth Amendment rights in a pending criminal suit could be worked around.

  • July 31, 2015

    NHL Must Produce Medical Records In Concussion Suit

    A Minnesota federal judge on Friday ordered the National Hockey League and its teams to produce de-identified medical records in the multidistrict litigation filed by former players over  the long-term effects of concussions, saying the anonymized data would not violate privacy protections.

  • July 31, 2015

    Whistleblower Points To Texas Rulings In Omnicare FCA Suit

    A whistleblower in a long-running $630 million False Claims Act suit against Omnicare Inc. on Thursday submitted two Texas federal decisions regarding Medicaid certification for the court to consider while deciding whether summary judgment should be granted.

  • July 31, 2015

    5 Tips For US Multinationals Mulling Foreign Layoffs

    Reductions in force outside the U.S. call for navigating a maze of foreign laws and requirements that can be a shock for employers and attorneys accustomed to the idea of at-will employment. Law360 talked to employment law experts with global savvy and identified five tips for U.S. multinationals planning to pare down their ranks in other countries.

  • July 31, 2015

    Forest Labs Says Sex-Bias Plaintiffs Lack Evidence

    Forest Laboratories Inc. urged a New York federal court Thursday to reject a class certification bid by employees who filed a $100 million lawsuit accusing the drugmaker of bias against female workers, saying the workers haven’t shown any evidence of bias, let alone commonality.

  • July 31, 2015

    NLRB Secures Rehire Offer For Fired Union Supporter

    A Los Angeles federal judge on Thursday ordered grocery store chain El Super to reinstate a cashier allegedly fired for supporting his union and restore a vacation time accrual policy, granting a National Labor Relations Board regional director's bid for a temporary injunction.   

  • July 31, 2015

    Judge Says Fees Appear 'Exorbitant' In Dollar Tree OT Deal

    A Virginia federal judge on Friday blasted a $300,000 settlement between Dollar Tree Stores Inc. and a class of employees suing the discount retailer for off-the-clock and overtime pay, saying the deal’s $1.9 million attorneys’ fee award appears "exorbitant" given the size of the settlement.

  • July 31, 2015

    Michigan 'Right-To-Work' Laws See Court Victories

    A recent ruling by the Michigan high court supporting the application of the state’s right-to-work law in the public sector, combined with a Friday settlement in federal court over the private-sector counterpart, has tipped the scales in favor of the laws' proponents in the state.

  • July 31, 2015

    Texas Justices Won't Weigh In On Locker & Lee Fee Suit

    The Texas Supreme Court on Friday again declined to weigh in on whether a joint venture agreement between a pair of attorneys entitled one party to a portion of a personal injury settlement awarded to the other party's firm, putting to an end an 11-year fee suit against Locker & Lee PC.

  • July 31, 2015

    $1B Uber Trade Secrets Row Remanded To State Court

    A California federal judge on Wednesday sent a $1 billion suit accusing Uber Technologies Inc. of stealing technology to create the popular service back to California state court after dismissing a conversion claim, saying that it was preempted by the Copyright Act.

  • July 31, 2015

    Deal Reached To End Deflategate Suit By NFL Season Kickoff

    The New York federal judge in the Deflategate case on Friday granted a request by the National Football League Players Association and the National Football League to fast-track the case so it wraps up before the start of the NFL’s regular season.

  • July 31, 2015

    NFL Union Presses Contempt Bid In Adrian Peterson Case

    The National Football League must be held in contempt in a dispute over Minnesota Vikings player Adrian Peterson's suspension for alleged child abuse, the NFL players' union insisted in Minnesota federal court Thursday, arguing the league failed to defend its "blatant defiance" of a court order.

  • July 31, 2015

    Noel Canning Wrinkle Leaves Tenuous Worker Discipline Rule

    A National Labor Relations Board judge’s ruling that a Washington home care company was wrong to discipline employees in the interim period between union certification and contract approval without first bargaining underscores a growing divide in the application of a standard left in tatters by the high court’s Noel Canning decision.

  • July 31, 2015

    NYC Sanitation Workers Didn't Prove Prejudice: 2nd Circ.

    The Second Circuit on Friday affirmed a lower court’s dismissal of a discrimination case brought by New York City Department of Sanitation workers against their employer, holding that the employees failed to show the agency favored promoting whites over minorities.

  • July 31, 2015

    NCAA Granted Stay To Delay Student-Athlete Pay By 9th Circ.

    The Ninth Circuit agreed Friday to pause an injunction requiring the National Collegiate Athletic Association to lift its ban on universities compensating male football and basketball players until the court rules on the merits of the antitrust challenge to the policy.

  • July 31, 2015

    BofA, Merrill Lynch Can't Shake OT Action By Adviser Trainees

    A New York federal judge on Friday refused to dismiss a suit accusing Bank of America Inc. and subsidiary Merrill Lynch & Co. Inc. of stiffing financial adviser trainees on overtime pay and agreed to conditionally certify the case as a class action.

  • July 31, 2015

    Akerman Adds Labor And Employment Attys In Chicago

    Akerman LLP on Monday said that it has bolstered its labor and employment practice group in its Chicago office with the addition of two former K&L Gates LLP attorneys who have significant experience in all types of employment litigation, including class and collective actions and trade secret issues.

Expert Analysis

  • 3 Class Actions Before The Supreme Court

    Fred T. Isquith

    Perhaps the case potentially most consequential is Campbell-Ewald Co. v. Gomez, which raises intriguing procedural issues and would affect any class action where the defendant offers to the plaintiff full damages and any feasible fees and costs, says Fred Isquith of Wolf Haldenstein Adler Freeman & Herz LLP.

  • How To Craft An Effective BYOD Policy

    Brandon C. Ge

    When crafting bring-your-own-device policies, employers should retain the right to access devices for business purposes and describe employees’ responsibilities, which may include reporting lost or stolen devices within a certain time frame and refraining from using unapproved devices or installing unapproved applications, says Brandon Ge of Epstein Becker & Green PC.

  • A Closer Look At Deflategate's Venue Battle

    Gregg Clifton

    As you can see from the separate filings made by the National Football League and the National Football League Players Association, the judicial forum where the Deflategate dispute will be decided is crucial. The NFL effectively utilized the first-to-file rule and gained a perceived early advantage at this phase of the litigation, says Gregg Clifton, co-leader of Jackson Lewis PC's collegiate and professional sports practice group.

  • What Worries Will Wearables Give Employers?

    Catherine T. Barbieri

    Aside from the confidentiality and privacy pitfalls that wearable technologies can create in the workplace, wearables may ultimately force companies to improve the technology that they are using to ensure compliance with wage and hour and other laws, says Catherine Barbieri of Fox Rothschild LLP.

  • 7 Keys To Improving Your Direct Examination

    James Murray

    Trial lawyers should approach direct examination with the same excitement as cross-examination. If you do not, the jury will notice and your case will suffer. An effective direct examination backs the lawyer out of the action and puts the witness front and center to tell the story in a conversational, comforting, interesting fashion, says James Murray of Dickstein Shapiro LLP.

  • Discrimination Issues Playing On Center Court

    Jeffrey S. Kravitz

    If I were representing women's tennis players, I would argue that exposure to Wimbledon's center court means greater exposure to marketing opportunities and that failure to give this equal opportunity is discriminatory. If I were representing the tournament, I would argue that the market speaks and that the audience for the men’s game is greater than that for the women’s, says Jeffrey Kravitz of Fox Rothschild LLP.

  • 7th Circ. Doesn't End Debate Over Ill.'s Fifield Rule

    Jason B. Hirsh

    The Seventh Circuit's opinion in Instant Technology LLC v. DeFazio did not so much as mention adequacy of consideration, Illinois' Fifield rule and the series of opinions challenging its validity, or the inconsistency in the district court. In the end, with any luck, the Illinois Supreme Court will soon step in and resolve this matter once and for all, says Jason Hirsh of Levenfeld Pearlstein LLC.

  • Shedding Light On Conn.'s Pay Secrecy Law

    Daniel L. Schwartz

    Connecticut's Public Act No. 15-196 provides employees in the state with a private right of action against alleged gender pay discrimination. Employees may file a complaint alleging a violation of the law in any court of competent jurisdiction, and the language of the law appears to contemplate collective or multiple plaintiff lawsuits, say Daniel Schwartz and James Leva of Day Pitney LLP.

  • Corporate Reputation Management Vs. Employee Privacy

    Kara Lyons

    Information posted by or about an employee can have a deeply negative impact on a company’s image. Companies are responding by more carefully monitoring employees, but there are substantial limits and risks when an employer monitors and acts on the basis of employee activity on social media, say Rob Kilgore of Absio Corporation and Kara Lyons and Nicole Truso of Faegre Baker Daniels LLP.

  • Managing A Company's Internal Environmental Investigation

    Rob Van Walleghem

    Unless corporate policy is absolute, in-house counsel should advocate for use of the work-product privilege when conducting U.S.-based internal investigations. A company can always choose to waive the privilege if it decides to disclose its finding to the government — but it loses that option if it never invokes the privilege in the first place, say attorneys at Alston & Bird LLP and Tervita Corp.