Employment

  • July 22, 2016

    Squire Patton Boggs Sued By Ex-Atty Over Disability Coverage

    A former Squire Patton Boggs LLP attorney is suing the firm and Prudential for allegedly denying her disability coverage for conflicting and untrue reasons, according to a complaint filed in Ohio federal court on Friday.

  • July 22, 2016

    Health First Beats Whistleblower's 'Shotgun-Style' FCA Suit

    A Florida federal judge on Friday dismissed an amended False Claims Act suit against Health First Inc., finding that a whistleblower's claims that the nonprofit medical company defrauded the government of hundreds of millions of dollars were not specific enough.

  • July 22, 2016

    9th Circ. OKs Morgan Stanley’s Firing Of Elected Official

    Morgan Stanley did not err in terminating a financial adviser after his election as supervisor of a California county, the Ninth Circuit ruled Thursday, finding he was fired for a "legitimate, apolitical reason."

  • July 22, 2016

    Church-Linked Hospital Takes ERISA Rules To High Court

    A church-affiliated hospital in New Jersey has urged the U.S. Supreme Court to rule that employee retirement plans maintained by such organizations are exempt from the federal Employee Retirement Income Security Act, challenging a circuit ruling that the exemption only applies to plans established by churches.

  • July 22, 2016

    DC Transit Union Fights For Worker Fired In Smoke Disaster

    A Washington Metropolitan Area Transit Authority union sued the agency Wednesday to enforce an arbitration decision reinstating an allegedly scapegoated mechanic who was fired after a fatal underground smoke incident in 2015.

  • July 22, 2016

    McDonald's To Appeal Class Cert. To 9th Circ. In Wage Suit

    McDonald's wants the Ninth Circuit to review the recent class certification of a group of employees suing for fair wages and overtime compensation, arguing Thursday that the lower court was "manifestly erroneous" in relying on fatally dissimilar evidence of the mental states of more than 800 class members when it made its decision.

  • July 22, 2016

    7th Circ. Overrides Late Lawyer's Payroll Tax Abatement

    A deceased and unrepresented lawyer ending up losing a small victory to abate interest on unpaid payroll taxes in the Seventh Circuit when it ruled that the U.S. Tax Court’s definition of “excessive” was vague and inconsistent with regulatory interpretation.

  • July 22, 2016

    Dr. Phil's Co. Sued Over Harassment, Hostile Workplace

    An executive assistant for Dr. Phil’s production company said he witnessed dozens of sexual interactions between his bosses and numerous women, saying the unwanted harassing conduct was so severe that it created a hostile work environment, according to a $5 million suit filed in Los Angeles on Friday.

  • July 22, 2016

    Minor Leaguers' Class Decertified In MLB Wage Suit

    A California federal judge on Thursday decertified a class of Minor League Baseball players in a wage-and-hour suit, dealing a major setback to their claims against Major League Baseball and several of its clubs alleging they are not paid for all the work they put in throughout the season and offseason trying to make the big leagues.

  • July 22, 2016

    Shook Hardy Adds Litigation Partner, Of Counsel In Calif.

    Shook Hardy & Bacon LLP recently announced that it has snagged a new partner and attorney serving of counsel from Callahan & Blaine to join its business litigation and corporate services groups.

  • July 22, 2016

    Calif. Bar Escapes Wrongful Firing Suit Of Dunn Ally

    A California judge on Friday tossed a wrongful termination suit against the state bar association filed by a communications officer who claimed he had been "dragged into the crossfire" in its war against the ousted executive director Joe Dunn, saying the Public Employment Relations Board must hear the matter first.

  • July 22, 2016

    Advocate Asks Justices To Affirm ERISA Religious Exemption

    Advocate Health Care Network has asked the U.S. Supreme Court to declare that pension plans maintained by church-affiliated organizations should be exempt from the Employee Retirement Income Security Act, which would block a putative class of employees from challenging a noncompliant benefits plan.

  • July 22, 2016

    Cuneo Gilbert Seeks End To Ex-Atty's Discrimination Suit

    Cuneo Gilbert & LaDuca LLP on Friday urged a New York federal judge to put an end to a discrimination lawsuit brought by a former attorney at the firm, arguing the lawyer has “angrily and blindly lashed out” over imagined slights.

  • July 22, 2016

    Pols Want New Whistleblower Protections For Contractors

    A bipartisan group of House members introduced a bill Thursday that would extend existing federal whistleblower protections to federal contractors, as pressure has built on the U.S. departments of Defense, Veterans Affairs and other federal agencies over their treatment of whistleblowers.

  • July 22, 2016

    AI Startup Calls Sanctions Bid 'Desperate' Move In IP Row

    A Silicon Valley artificial intelligence startup in a heated trade secrets fight with a former CEO who decamped to a rival urged a California federal court Thursday to reject $1.25 million in proposed fee reimbursement sanctions against it and counsel, calling the move a “meritless” attempt by the rival to escape liability.

  • July 22, 2016

    Ex-Dukes Members Push To Keep Wal-Mart Class Claims Alive

    Three women suing Wal-Mart for gender discrimination fought Friday to keep alive claims on behalf of a proposed regional class, insisting their complaint does not suffer from the same defects found by the U.S. Supreme Court in its landmark Dukes decision.

  • July 22, 2016

    NBA Pulls All-Star Game From Charlotte Citing Bathroom Law

    The NBA has decided to relocate the 2017 All-Star Game from Charlotte, North Carolina, citing the state's controversial new law preventing transgender people from choosing the bathroom of their choice in a move that has sparked outrage from the governor, Pat McCrory.

  • July 22, 2016

    9th Circ. Grants Cert. To Transport Co. Drivers In Break Spat

    The Ninth Circuit ruled Thursday that a California federal court wrongfully denied certification to two classes of Renzenberger Inc. drivers accusing the transport company of rest break and minimum wage violations, saying the judge jumped the gun on deciding certain issues against the drivers.

  • July 22, 2016

    9th Circ. Won't Put Off Ex-Reuters Editor's Hacking Sentence

    The Ninth Circuit on Thursday shot down former Reuters social media editor Matthew Keys’ bid to stay out of prison while he appeals his conviction and two-year sentence on charges that he helped the hacker group Anonymous break into the Los Angeles Times’ website and alter content.

  • July 22, 2016

    Uber Won’t Get Arbitration For Philly Limo Driver Wage Suit

    A Pennsylvania federal judge on Thursday denied Uber Technologies Inc.'s request to compel arbitration in a wage violation suit brought by a purported class of the ride-hailing company’s Philadelphia limousine drivers, ruling those drivers opted out of Uber's arbitration agreement and cannot be forced into it now.

Expert Analysis

  • Internal Investigations: Don't Give Law Firm A Blank Check

    John McDermott

    We have heard increasing complaints from general counsels about the runaway costs of internal investigations by outside counsel. GCs and clients — be it the company, the audit committee or a special litigation committee — are uniquely positioned to play an important role in defining and controlling the scope and costs of an investigation, say John McDermott and Emily Garnett of Brownstein Hyatt Farber Schreck LLP.

  • Workplace Video Monitoring: What Employers Need To Know

    Barbara E. Hoey

    Given the availability and effectiveness of inexpensive video equipment, many companies use video to monitor their entire operations for safety, security and quality control. But video surveillance can have unintended consequences well beyond its intended purpose, say Mark Konkel and Barbara Hoey at Kelley Drye & Warren LLP.

  • The Flaw In DTSA’S Civil Seizure Provision

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    Other than serving as a trap for the unwary and giving defense lawyers a shiny new weapon in their arsenal, does the Defend Trade Secret Act's civil seizure provision serve any useful purpose at all? asks Arash Beral of Freeman Freeman & Smiley LLP.

  • Gov't Contractor Sick Leave Rule Likely Excludes Banks

    Kenneth A. Rosenberg

    Banks and financial institutions have wondered for months whether they would be subject to a recent executive order requiring certain federal contractors to provide employees with paid sick leave. However, careful review of a U.S. Department of Labor notice shows it is highly unlikely the industry will be subject to this burdensome new requirement, say attorneys at Fox Rothschild LLP.

  • Retirement Plans After IRS' Determination Letter Cutback

    David E. Rogers

    The days of scheduled, periodic IRS determination letters will soon end. Sponsors of individually designed qualified retirement plans must develop new means for assuring they comply with the qualification requirements, say attorneys with McDermott Will & Emery LLP.

  • Trade Secret Forum Shopping: DTSA Vs. Texas UTSA

    Michael Barbee

    Although the federal Defend Trade Secrets Act and the Texas Uniform Trade Secrets Act are both modeled after the Uniform Trade Secrets Act, there are several key differences between the two that should be taken into consideration when deciding whether to bring a state or federal claim, or both, says Michael Barbee of Griffith Bates Champion & Harper LLP.

  • EEOC Won't Budge On EEO-1 Pay Data Collection

    Michael S. Burkhardt

    Although revisions to the Equal Employment Opportunity Commission's EEO-1 reporting proposal may alleviate some of the burden placed on employers, the core earnings and hours worked data that the commission proposes to collect remains largely unchanged, say attorneys at Morgan Lewis & Bockius LLP.

  • Aveta And The Use Of Confidential Info In FCA Cases

    James M. Koukios

    A recent case in the District of Puerto Rico — U.S. v. Aveta — highlights several issues surrounding the use of privileged and confidential information by both plaintiffs and the government in False Claims Act suits. Much to the dismay of contractors like Aveta, the government and relators may be able to utilize confidential or privileged information in the course of investigating and prosecuting false claims, say James Koukios and... (continued)

  • The Key To Educating Employees On The Effects Of Fraud

    Nathan J. Novak

    According to a 2016 report from the Association of Certified Fraud Examiners, the typical organization loses an amount equal to 5 percent of its annual revenues to fraud every year. Nathan Novak of Orrick Herrington & Sutcliffe LLP explains important steps in persuading employees to take the implementation of anti-fraud controls seriously.

  • Materiality Matters: The First Post-Escobar Decisions

    John Ruskusky

    As recent opinions in the Eastern District of Washington and the Northern District of Alabama show, the U.S. Supreme Court's Escobar decision yields fertile ground for defenses based on the materiality requirement of the False Claims Act, including at the pleading stage, say John Ruskusky and Emily Harlan of Nixon Peabody LLP.