The Delaware Chancery Court rejected former American Apparel CEO Dov Charney's call to dismiss or stay Standard General’s suit claiming he violated an agreement to remove himself from company leadership, saying Friday it wouldn’t be appropriate to wait on Charney's pending California litigation against the hedge fund and others.
The Fifth Circuit Court of Appeals Friday upheld a Texas federal judge's ruling awarding just over a third of the $2.08 million in attorneys' fees requested in a whistleblower's False Claims Act suit accusing a hospital of overbilling, finding that the attorneys' billable hours failed to adequately break down their work.
Spinal device distributor Madsen Medical urged a California federal court Friday to reject attempts by a device maker, NuVasive Inc., to pare down a nearly $28 million verdict or get a new trial, saying the jury had it right the first time.
A former waitress for Roscoe’s House of Chicken & Waffles served the famous restaurant with a proposed class action saying she was forced to clock out for breaks she didn’t get to take and added individual claims, including that she was discriminated against for having darker black skin.
Pittsburgh-based EQT Production Co. was hit with a putative class and collective action in Pennsylvania federal court Thursday accusing the oil and natural gas company of misclassifying certain employees as exempt and preventing them from collecting overtime wages after they put in up to 84 hours of work a week.
The U.S. Department of Labor on Thursday said the Ninth Circuit was right to uphold an agency rule barring employers from using tip pools to boost kitchen worker wages, arguing that the decision does not conflict with previous court rulings or labor laws.
A Texas federal jury on Thursday recommended awarding a combined $3.18 million to six current and former employees of the Donna Independent School District who claimed they were demoted and had their pay reduced in retaliation for opposing certain board of trustee members during a 2014 election.
A New York state judge chided the National Basketball Association for using photos demeaning to women in a rookie orientation course, allowing certain evidence for a former employee who claims he was fired in retaliation for raising concerns about sexual harassment of female co-workers.
With President Barack Obama on the cusp of signing a bipartisan bill that offers companies greater access to federal court in trade secret cases, attorneys say employers need to prepare for the law’s other provisions, including a new requirement that employees be notified of their right to disclose trade secrets as part of government investigations.
Faruqi & Faruqi LLP took a second run Friday at a former partner’s lawsuit alleging the firm didn’t pay her for work in shareholder litigation challenging Leucadia National Corp.’s $3 billion Jefferies Group Inc. grab, saying she tried to tack on allegations after the complaint was filed.
An Illinois legislator called for former House Speaker Dennis Hastert to be stripped of the pension he earned while he was a member of the state's General Assembly on Thursday, but it's unlikely it will be allowed under state law.
Medical product maker Hollister Inc. and medical product supplier Byram Healthcare Centers Inc. will pay a combined $21 million to resolve whistleblower allegations that they violated the False Claims Act by carrying out a yearslong kickback scheme involving catheters and colostomy bag accessories, the U.S. Department of Justice said on Friday.
A UnitedHealth Group Inc. unit on Thursday asked a California federal judge not to certify a class of plan holders who say they were improperly denied mental health and substance abuse treatments in violation of ERISA, as each claim would need to be handled on an individual level.
Akin Gump Strauss Hauer & Feld LLP has resolved racial discrimination claims brought by a black former employee who alleged she was fired for using the wrong parking garage, according to a Friday filing in Texas federal court.
New England Patriots quarterback Tom Brady and the NFL Players Association brought in a famed Gibson Dunn litigator on Friday to their fight over the Second Circuit reinstatement of Brady's four-game suspension for his role in the Deflategate scandal.
The Seventh Circuit’s decision tossing a discrimination lawsuit from a disabled United Airlines worker who was bumped from a non-physical desk job is “tantamount to a repeal” of the Americans with Disabilities Act, the worker has told the U.S. Supreme Court in a petition to revive the case.
Texas firm Burt Barr & Associates LLP asked a federal judge on Friday to permanently dismiss a former client’s malpractice suit accusing the firm of failing to take the necessary steps for her to collect on a $3 million sexual harassment suit judgment, saying she has failed to show the ability to collect.
The U.S. Equal Employment Opportunity Commission is suing a North Carolina hospital in federal court on behalf of employees who say they were given the choice between being terminated or violating their religious beliefs by receiving a flu shot.
A Washington state federal judge has said Boeing must face claims that recruiters and human resources staff members concealed future pension reductions before three employees agreed to transfer jobs within the company, rejecting the aerospace giant’s assertion that the case was time-barred.
Jetstream Ground Services, contractor at the Denver Airport, won a favorable verdict from a Colorado federal jury Thursday, defeating a suit alleging it discriminated against Muslim women who asked to wear headscarves and long skirts while on the job.
While I am confident that the decisions in Windsor and Obergefell were made on the basis of the dictates of the Constitution, I am also confident that the communications efforts undertaken gave the justices additional comfort to make the right call, and ensured that these decisions were not treated as a Roe v. Wade redux, says Liz Mair, former online communications director for the Republican National Committee and president of Mair Strategies.
In addition to setting pay standards, California's new piece rate law gives employers an opportunity to address past violations related to uncompensated rest and recovery time. When utilized, these safe harbor provisions can provide an affirmative defense against claims for such unpaid periods, say attorneys at Perkins Coie LLP.
The 2015 amendments to the Federal Rules of Civil Procedure present a fertile opportunity for defendants to leverage the rules' renewed focus on reasonableness and proportionality to rein in rampant discovery abuse. Courts' application of the amended rules has already shown promise in this regard, say Martin Healy and Joseph Fanning of Sedgwick LLP.
Most employers are comfortable with the notion that, with a properly worded policy, they can access employee emails on a company-provided email server. However, what about situations where employees use web-based email, like Gmail or Hotmail, to communicate in the workplace? Using several recent cases as examples, Karla Grossenbacher at Seyfarth Shaw LLP examines an employer’s rights to access and review such communications.
Dentons is two different law firm networks in one. So even if the Swiss verein structure should eventually fail and Dentons is forced to operate as a network of independent law firms, it could still be a significant market force, says Mark A. Cohen, a recovering civil trial lawyer and the founder of Legal Mosaic LLC.
In Kilby v. CVS Pharmacy, the California Supreme Court made three core holdings, but none tracked the arguments made by either the defendant or plaintiff in the case. The court instead adopted the conclusions of a case decided by the California Department of Labor Standards Enforcement, which shows how persuasive the DLSE is to the court on issues of statutory interpretation and application, says Jason Brown at Fisher & Phillips LLP.
With regulators hungry to identify and investigate potential cybersecurity issues, whistleblowers provide a fertile opportunity to get the inside perspective with little to no resource investment. The Tiversa case brings into sharp focus the potential impact that cyber whistleblowers can have, and how organizations can mitigate that risk, say attorneys with Orrick Herrington & Sutcliffe LLP.
A recent decision from the U.S. Department of Labor's administrative review board in Dietz v. Cypress ultimately strengthens protections for whistleblowers at publicly traded companies. The language about protected activity and constructive discharge in this decision could form useful tools for whistleblowers and their counsel in years to come, say Debra Katz and Matthew LaGarde at Katz Marshall & Banks LLP.
At the Native American Finance Officers Association's recent annual conference tribal and government officials discussed ways tribal leaders can reduce taxes on tribal members without reducing income or benefits, uncertainty over the Affordable Care Act's new reporting requirements and the development of energy projects on tribal lands, say attorneys at Holland & Knight LLP.
If the U.S. Department of Labor's controversial overtime regulations are eventually enacted, it's estimated they could cost employers more than $1 billion annually. But even though the approaching changes are disconcerting for employers across all industries, they do offer an ideal opportunity to address any existing misclassification issues, says Janet Hendrick at Fisher & Phillips LLP.