Employment

  • November 24, 2014

    MF Global Execs Seek $7.5M More To Cover Defense

    Executives of bankrupt MF Global Inc. asked a New York bankruptcy judge Friday to give them access to an additional $7.5 million worth of insurance coverage for legal bills connected to their involvement in the company’s downfall.

  • November 24, 2014

    Lundbeck CEO Resigns In Ethics Breach Over Outside Shares

    The CEO of Danish pharmaceutical company H. Lundbeck A/S resigned on Monday after revealing he accepted shares of a biotech firm without getting board approval, a breach that was aggravated when Lundbeck invested in the firm.

  • November 24, 2014

    3 Black Friday Worries For Retailers

    Retailers have to think about more than just figuring out the best way to get shoppers into their stores on Black Friday. Ensuring the protection of customer data, managing large crowds and dealing with a possible wave of worker protests at big-box stores will be at the top of retailers' minds as the big day approaches.

  • November 24, 2014

    LabCorp Gets Worker Subclass Bids Nixed In Break Row

    A California federal judge on Monday tentatively denied certification to three putative subclasses of workers alleging Laboratory Corporation of America violated labor laws pertaining to break periods and off-the-clock work, but told attorneys he would allow more briefing before deciding the fate of two other potential subclasses.

  • November 24, 2014

    Cancer-Stricken Ex-Boss Sues Unlicensed Atty For $8M Heist

    An unlicensed Houston immigration attorney and his partners embezzled more than $8 million over the span of nine years and stole clients from a former employer, according to a complaint filed in Texas court Friday.

  • November 24, 2014

    Judge Balks At 6th Circ. Review Of FCA Extrapolation

    A Tennessee federal judge on Monday refused to recommend Sixth Circuit review of whether the U.S. Department of Justice can extrapolate from a sample of billing claims to establish vast False Claims Act liability, calling nursing home giant Life Care Centers of America Inc.'s request for such a review premature and unlikely to shorten litigation.

  • November 24, 2014

    Texas AG Vows Suit Over Obama's Immigration Order

    Texas Attorney General Greg Abbott, the state’s governor-elect, said Monday he’ll decide in the next two weeks whether to file suit over President Barack Obama’s executive order allowing more immigrants to stay in the country legally.

  • November 24, 2014

    Trump Resorts May Get DIP From Icahn In Bid To Avoid Ch. 7

    Trump Entertainment Resorts Inc. told a Delaware bankruptcy judge Monday that senior lender companies controlled by Carl Icahn have agreed to extend debtor-in-possession financing and that it has proposed to restore union workers' health benefits in an effort to keep its last casino open and avoid spiraling into Chapter 7.

  • November 24, 2014

    Jimmy John's, Franchisees Blast Noncompete Challenge

    Jimmy John's LLC and franchisees in Illinois have pushed a federal court to shoot down a putative class challenge to a noncompete agreement that low-level employees were allegedly forced to sign, saying there's no evidence the sandwich chain ever enforced the pacts.

  • November 24, 2014

    House Dem Digs Into GOP's Use Of Law Students On ACA Suit

    The ranking Democrat on the Committee on House Administration raised concerns Monday that unqualified law students at George Washington University could be "exploited" in the GOP’s lawsuit against the Obama administration over delay of the Affordable Care Act’s employer mandate.

  • November 24, 2014

    Met Opera Loses Worker Injury Coverage Suit In NY Court

    The New York Court of Appeals ruled Monday that Mt. Hawley Insurance Co. has no obligation to defend the Metropolitan Opera House's owner in a personal injury suit filed by a worker, finding that the Met isn't an additional insured under a painting contractor's comprehensive general liability policy.

  • November 24, 2014

    Applebee's Franchisee Says EEOC Suit Exceeds Its Authority

    Doherty Apple Florida LLC, a major franchisee of Applebee's Restaurants, told a Florida federal court on Friday that the Equal Employment Opportunity Commission overstepped its bounds when it took the company to court over its mandatory arbitration agreement for employees.

  • November 24, 2014

    Harassment Suit Against LA Firm Managing Partner Dropped

    A former office manager for Los Angeles-based Finnegan & Diba has dropped her California state court suit in which she had alleged she was the subject of racist and sexist jokes and was bitten by the firm's managing partner.

  • November 24, 2014

    TV Networks Throw Weight Behind NCAA At 9th Circ.

    The major television networks urged the Ninth Circuit on Monday overturn a ruling that said college athletes must be paid for use of their images, calling that concept “fundamentally incompatible with basic freedoms to present events of interest to the public.”

  • November 24, 2014

    EEOC Blasts Tepro's 'Frivolous' Sanctions Bid In Age Suit

    The U.S. Equal Opportunity Commission tore into a “frivolous” bid for sanctions Friday from auto parts maker and age bias defendant Tepro Inc., urging a Tennessee federal court not only to deny Tepro's sanction motion but to make the company cover the cost of the EEOC's response.

  • November 24, 2014

    Dollar General Gets Nod For $8.3M Deal In OT Action

    An Alabama federal judge on Monday signed off on an $8.3 million settlement to resolve allegations that Dollar General failed to properly pay overtime to store managers, bringing to close a case that traces back to 2006.

  • November 24, 2014

    Abbott Settles $3.4M Pension Row With Trucking Co.

    Abbott Laboratories Inc. on Monday reached a settlement with a trucking company in a $3.4 million row over pension plan payments for drivers contracted to work for the pharmaceutical giant, just days after it sought to throw one of its opponent’s attorneys off the case.

  • November 24, 2014

    Ex-Kerns Pearlstine Atty Takes Plea Deal In Sex Assault Row

    Robert Kerns, a former named partner in the now-dissolved Kerns Pearlstine Onorato & Hladik LLP, pled no contest on Monday to charges of indecent assault after he was accused last November of raping a paralegal following an office party.

  • November 24, 2014

    UnitedHealth OT Fight Tees Up Murphy Oil For 2nd Circ.

    UnitedHealth Group Inc.'s arbitration policy barring class claims is unenforceable because it violates federal labor law, a former UnitedHealth worker told the Second Circuit on Friday, arguing that the board's recent Murphy Oil decision “deepened and extended” its D.R. Horton analysis.

  • November 24, 2014

    Immigration Actions Could Raise Employer Compliance Issues

    President Barack Obama's new immigration actions contain several striking proposals, from allowing millions of undocumented immigrants to seek work authorization to providing much-needed visa guidance, but employers may face compliance headaches and a long wait for regulatory changes, attorneys say.

Expert Analysis

  • Mass. Sick Leave Law Will Pain Small Employers The Most

    John P. McLafferty

    Compliance with recent amendments to Massachusetts' Wage Act will likely be particularly difficult for smaller employers, such as restaurants and small retailers, who may be large enough to be required to provide paid leave but who do not have the flexibility of larger employers to easily cover shifts missed by absent workers, say John McLafferty and Arielle Sepulveda of Day Pitney LLP.

  • Calif. Law Is Cause For Caution Among 'Client Employers'

    Anthony J. Amendola

    AB 1897 will make it easier for California workers to pursue claims against "client employers" and their "labor contractors" because they will not need to litigate the fact-specific inquiry of employer control and it will no longer be necessary to evaluate the degree of supervision exercised by the client employer, thereby eliminating one obstacle to class certification, say Anthony Amendola and Grant Goeckner-Zoeller of Mitchell S... (continued)

  • Obama's Immigration Action Is Cause For Celebration

    Robert S. Whitehill

    Though implementation of President Obama's announced changes to U.S. immigration policy on Nov. 20 will take some time and may be slowed by legal action or accelerated by Congress enacting immigration reform, the president's executive action will give hope and relief to millions, which is cause for celebration, says Robert Whitehill of Fox Rothschild LLP.

  • Differentiate Your Litigation Practice With Data Security

    Jennifer Topper

    Despite the significant tilt toward technology in how litigation is now conducted, many senior lawyers still delegate tech-related issues to e-discovery specialists or associates at their firms. This is a missed opportunity not just for client development, but also for shaping the way the firm and lawyer are seen in the eyes of corporate counsel, says legal industry business development specialist Jenn Topper.

  • Paper Chase: Winning The Removal Race

    Alan E. Rothman

    The First Circuit's ruling in October in a wage-and-hour dispute — Romulus v. CVS Pharmacy Inc. — broadens the type of documentation that will permit removal of a class action to federal court and provides defendants with yet another valuable tool in winning the removal race, says Alan Rothman of Kaye Scholer LLP.

  • Updating Our Understanding Of The FMLA: Part 3

    Linda Dwoskin

    The Seventh Circuit's Ballard v. Chicago Park District and Gienapp v. Harbor Crest decisions highlight the broad nature of family care leave under the Family Medical Leave Act and serve as an important reminder to employers that FMLA cases often turn on thin distinctions in the law and are significantly influenced by the specific facts in a given case, say Linda Dwoskin and Melissa Squire of Dechert LLP.

  • Factors PE Firms Must Consider To Avoid WARN Act Liability

    Brad Eric Scheler

    The District of Delaware’s recent decision in a case involving Sun Capital Partners Inc. is an important reminder to private equity firms that in order to minimize the risk of single-employer liability under the Worker Adjustment and Retraining Notification Act, it is crucial to keep in mind the five factors set out by the U.S. Department of Labor, say attorneys with Fried Frank Harris Shriver & Jacobson LLP.

  • Does Dodd-Frank Protect Foreign Whistleblowers?

    Matthew K. Edling

    In Liu v. Siemens, the Second Circuit upheld a ruling from the Southern District of New York, concluding that Congress did not envision the Dodd-Frank Act protecting foreign whistleblowers. Neither Liu court, however, attempted to reconcile this conclusion with the fact that Dodd-Frank governs violations of the Foreign Corrupt Practices Act — a definitively extraterritorial law, say Matthew Edling and Ben Fuchs of Cotchett Pitre & McCarthy LLP.

  • Novartis FCA Case Reaffirms Importance Of Company Policies

    Michael Loucks

    To the extent other courts adopt the New York federal court's analysis in U.S. v. Novartis Pharmaceuticals Corporation, the collateral consequence of an employee breach of internal policy or industry code of ethics and a corporate failure to appropriately sanction those employees could yield adverse consequences in the event of follow-on federal False Claims Act litigation, say attorneys with Skadden Arps Slate Meagher & Flom LLP.

  • The Print Room: How To Spend Less And Get More

    Senthil Rajakrishnan

    Our estimates indicate that some law firms spend up to $8,000 per attorney each year on print-related costs. Although we live in a digital world, hard copy printing will remain an important part of business for years to come. Changing technology, however, offers opportunities to improve efficiencies and save money, say Senthil Rajakrishnan and Ryan Mittman of HBR Consulting LLC.