In damning emails in which they allegedly discussed “cooking the books” and “fake income,” former executives of now-defunct Dewey & LeBoeuf LLP handed prosecutors evidence they needed to charge them with accounting fraud and put themselves in the difficult position of trying to explain away their own words, experts say.
A California appeals court refused Monday to revive construction companies' professional negligence and constructive fraud claims in a suit over a failed workers' compensation program, finding that a document they obtained after discovery didn't give them grounds to amend their complaint.
The state of Florida, a co-defendant, weighed in on a workers' compensation law dispute between St. Petersburg and a disabled firefighter, urging the Florida Supreme Court on Thursday to reject the firefighter's request to invalidate the statute.
A Georgia federal court last week added a new step for insurers to take before they can head to court to challenge directors and officers coverage for the Federal Deposit Insurance Corp.'s litigation over bank failures, a peculiar ruling that attorneys warned could drive up costs for insurers.
The U.S. Supreme Court on Monday declined to hear an appeal by the owner of Gristede's Foods Inc., shutting down his claim that he can’t personally be held responsible as an employer under the Fair Labor Standards Act in a $3.5 million class action settlement.
In a case of first impression, the Second Circuit ruled Wednesday that filing a charge with the U.S. Equal Employment Opportunity Commission does not toll the statute of limitations on state-law tort claims in employer discrimination suits.
A California federal court tossed out a putative class action Friday that alleged Starbucks Corp. did not pay its employees adequately for closing its stores, saying the minutes baristas spent conducting closing procedures after clocking out was too minimal to warrant the coffee giant's payment of unpaid wages.
CVS Caremark Corp. urged a California federal judge on Monday to bar 50,000 employees from pursuing penalties for allegedly unpaid overtime under the California Private Attorney General Act, arguing that trying claims from so many workers with different job titles would be unmanageable.
A New York federal judge on Monday dismissed the U.S. Equal Employment Opportunity Commission’s claim of nationwide sex discrimination by Sterling Jewelers Inc., adopting a magistrate's recommendation that the EEOC’s presuit investigation against the Kay Jewelers parent was not national in scope.
Many instances of workplace bullying don't rise to the level of illegal activity, but attorneys say that harboring an office bully could still create major problems for an employer. And with statehouses around the country mulling bills that would make workplace bullying an unlawful action on its own, employment lawyers gave Law360 their best tips for keeping your business bully-free.
A group of Lowe's Home Centers Inc. installers alleging they were misclassified as independent contractors in violation of the Fair Labor Standards Act lost their bid for class certification Monday, with a Massachusetts federal judge ruling that the workers' claims are too individualized to proceed as a group.
The Fourth Circuit on Monday expedited a case challenging the constitutionality of Virginia's ban on gay marriage, tentatively setting oral arguments for mid-May.
A District of Columbia federal judge on Thursday ordered KBR Inc. to provide documents related to its internal investigation of alleged overbilling on Iraq war contracts, saying a former KBR employee suing the company for fraud should be able to use KBR's documents to support his case.
A California federal judge on Monday tossed Cigna Health and Life Insurance Co.'s suit alleging a Los Angeles surgical center violated the Employee Retirement Income Security Act and bilked it out of millions of dollars, tentatively dismissing the health care provider's complaint because it isn't a fiduciary of the health plans that were allegedly overbilled.
Two employees of Passaic Valley, N.J.'s sewer authority were found guilty on Monday of misconduct charges stemming from allegations they directed employees to perform personal home repairs for friends and relatives while on-duty, according to the New Jersey attorney general's office.
The Second Circuit found Monday that a federal judge had erred in issuing a final dismissal of a former worker's False Claims Act suit accusing Tishman Construction Corp. and Turner Construction Co. of billing fraud on publicly financed projects including One World Trade Center, and it ordered the suit dismissed with leave to replead instead.
Newly finalized Affordable Care Act regulations that streamline the data-reporting obligations of businesses are a modest win for employers, which can now avoid some of the law's especially onerous requirements, but companies won't entirely escape administrative headaches. Here, attorneys tell Law360 four ways the latest rule revisions will impact employers.
A piece of legislation urging the Port Authority of New York and New Jersey to request and support an increase in the minimum wage for Newark Liberty International Airport workers passed a New Jersey Assembly panel on Monday.
A class of Hertz Corp. managers urged the Ninth Circuit on Monday to revive their bid for class certification in their overtime-pay suit against Hertz, arguing that the lower court was wrong to find that the employees' roles were not similar enough to litigate as a class.
The U.S. Equal Employment Opportunity Commission and the Federal Trade Commission on Monday issued joint informal guidance concerning the legal pitfalls employers may face when consulting background checks into a worker's criminal record, financial history, medical history or use of social media.
Many employees today prefer to bring their own mobile phone, tablet or laptop to the office to have 24/7 access to their work, a phenomenon known as "Bring Your Own Device." While most companies purchase anti-virus software for their computers, it seems logical, then, to extend that policy to other mobile devices because protecting employee devices provides insurance for the company too, says Daniel Garrie of Law & Forensics.
The economy has had a marked impact on the alternative dispute resolution industry, but much of that impact comes directly from the new dynamics between law firms and their clients. ADR providers have been keen observers of these trends and are learning to react creatively. It’s not all a bed full of roses from the ADR side, but there have been some positive changes, says Chris Poole of JAMS.
Creating a written policy and designating a human resources representative to monitor telecommuting employees and unpaid interns are worthwhile efforts to prevent an employment-related lawsuit and all the bad publicity that comes with one, say attorneys at Porter Hedges LLP.
San Francisco's recently enacted ordinance promoting family-friendly workplace policies has the potential to spur private litigation by employees for wrongful termination based on alleged violations of the law. While the ordinance does not provide a private right of action, foreseeably the plaintiffs bar will attempt to package retaliation claims under it — which may be the most significant, long-term impact of the new law, says Andrew Sommer of Epstein Becker & Green PC.
Cloud users must know how to use the cloud responsibly to prevent later difficulties with document production. When negotiating a cloud service agreement, users should look for certain services that will prove useful when responding to discovery requests, such as comprehensive search options, instant suspension of the auto-delete function, and preservation of metadata and embedded data, say attorneys with Sidley Austin LLP.
America's workforce today is a generational mix of Baby Boomers, Generation X and millennials, each with their own values, attitudes and communication styles. An ethics and compliance program strategy can promote more collaboration across generations by adopting three simple characteristics — multigenerational ambassadors, two-way dialog and information contextualization, says Marsha Hames of LRN Corporation.
In the year since the U.S. Supreme Court's decision in Comcast Corp. v. Behrend, nearly 200 cases have cited the ruling, but the only consensus reached is that its significance for class actions is unsettled. However, notwithstanding the lower courts’ inconsistent application of Comcast's “rigorous analysis” of damages model evidence, a few guiding principles have emerged, say Erik Snapp and Quinn Shean of Dechert LLP.
Whether ensuring wage-hour compliance, implementing a new internship program or conducting a background check, hospitality employers must always be aware of the pitfalls. For example, while screening new hires through background checks may seem like the best way to limit liability and protect guests, a blanket disqualification may be viewed as an indirect form of race discrimination, say Bethanie Barnes and John Mavros of Fisher & Phillips LLP.
In Lawson v. FMR LLC — the first whistleblower case heard under the Sarbanes-Oxley Act — the U.S. Supreme Court recently held the law protects virtually anyone hired by a publicly traded company, or its employees, either directly or indirectly, and forbids reprisal for a huge range of fraud reports. The decision throws into doubt the Fifth Circuit's ruling last year in Asadi v. GE Energy LLC and will likely reshuffle future whistleblower opinions, says R. Scott Oswald of The Employment Group PC.
The main takeaway from the Second Circuit's recent decision in U.S. v. DHL Express (USA) Inc. is that potential False Claims Act liability attaches long after a transaction closes, regardless of the contract protections bargained for. Contractual or statutory notice requirements cannot be relied on to shift risk onto counterparties, say attorneys with Weil Gotshal & Manges LLP.