• April 17, 2015

    UFC, Fighters Want ADR To Referee Antitrust Dispute

    An antitrust battle between the Ultimate Fighting Championship and a putative class of its mixed martial arts fighters will enter an alternative dispute resolution process before October, according to a joint order signed by a California federal judge Friday.

  • April 17, 2015

    Ex-Goldman Coder Seeks Mid-Trial Dismissal Of IP Theft Case

    Attorneys for a former Goldman Sachs Group Inc. programmer accused of stealing source code for the firm’s high-frequency trading platform on Thursday asked a New York court to quash the criminal trial before it reaches a jury, saying there’s no evidence to support the charges.

  • April 17, 2015

    3 Questions About EEOC Rules And Wellness Programs

    The proposed U.S. Equal Employment Opportunity Commission rule published Monday on using financial incentives to encourage worker participation in wellness programs was welcomed by management-side attorneys, but they still had questions about some areas. Here, Law360 looks at three open issues on the minds of attorneys and employers.

  • April 17, 2015

    Houston Judge Sides With City On Equal Rights Law Petitions

    A Texas judge on Friday said the city of Houston was right to reject certain petitions in opposition to its equal rights ordinance as invalid, leaving opponents of the measure 565 signatures short of the 17,249 required to force a repeal referendum.

  • April 17, 2015

    NLRB Invites Briefs On Union Fees For Nonmembers

    The National Labor Relations Board on Friday announced that it is seeking amicus briefs on nonmember fees for grievance processing in a dispute between the United Steelworkers union and a Florida-based subsidiary of paper company Georgia-Pacific LLC.

  • April 17, 2015

    Fla. Cargo Airline Tries To Lift Miami-Dade's Wage Law

    A Florida-based air cargo company challenging a county ordinance requiring it to pay elevated minimum wages for some workers at Miami International Airport met skepticism during arguments Friday before the Eleventh Circuit, which said its position could have outsized implications for employment regulations.

  • April 17, 2015

    Contract Claims Barred In Malpractice Suit: Littler Mendelson

    Littler Mendelson PC on Friday asked a district court to dismiss contract and other claims in a $235,000 lawsuit brought by the daughter of a Houston billionaire who said she stopped paying overtime to domestic workers at her Houston mansion on the firm's advice, arguing that claims are illegal attempts to fracture a legal malpractice suit.

  • April 17, 2015

    NYC To Restrict Credit Checks In Hiring For Most Jobs

    The New York City Council voted 47-3 on Thursday to bar employers from running credit checks on most job seekers, while exempting a handful of positions including law enforcement, corporate executives and workers directly handling at least $10,000.

  • April 17, 2015

    High Court Urged To Toss 'Rogue' 9th Circ. Labor Ruling

    Penske Logistics LLC has told the U.S. Supreme Court that by refusing to find that federal preemption bars a set of California laws requiring meal and rest breaks for truckers, the Ninth Circuit has “flagrantly” ignored high court precedent and is “out of whack” with other circuits.

  • April 17, 2015

    Pa. AG’s Office Loses Labor Atty To Myers Brier & Kelly

    Pennsylvania’s embattled attorney general is set to lose another member of her staff as Scranton-based Myers Brier & Kelly LLP confirmed Friday it has tapped employment lawyer Erik Anderson to help the firm open a new office in Harrisburg.

  • April 17, 2015

    Two Sigma Can't Extend VP's Work Ban In Contract Fight

    A New York judge on Friday refused to extend a non-compete period for a former vice president of Two Sigma Investments LLC who was accused of breaching his employment agreement  by starting a rival firm that threatened the hedge fund’s trade secrets, but issued an injunction enforcing the contract.

  • April 17, 2015

    Woman Who Hired Trans Worker Seeks To Revive Bias Claims

    A former trucking school director who claims her employer retaliated against her when she opposed discrimination against a transgender employee she hired urged the Fifth Circuit on Wednesday to reverse a Texas district court’s dismissal of her case.

  • April 17, 2015

    Doc Who Moved Practice Says Philly Hospital Defamed Him

    A Philadelphia family doctor on Thursday accused Thomas Jefferson University Hospitals Inc. of maligning his reputation in retaliation for joining a rival hospital system, a move he claims cost Thomas Jefferson millions.

  • April 17, 2015

    McDermott Can't Get Antioch Malpractice Suit Going Again

    An Ohio federal judge refused Friday to restart a paused malpractice suit against McDermott Will & Emery LLP over the firm's advice to former scrapbooking giant Antioch Co. LLC on employee stock payouts, despite the firm's insistence that no settlement is possible and that a Sixth Circuit ruling could add a year to the litigation.

  • April 17, 2015

    Rising Star: Michael Best's Joseph Louis Olson

    Michael Best & Friedrich LLP’s Joseph L. Olson has played a key role in altering public-sector collective bargaining in Wisconsin and helped the firm expand its government relations efforts, making him one of Law360’s top employment attorneys under 40.

  • April 17, 2015

    New Trade Oversight Bill Does Little To Quiet Critics

    The oversight reforms enshrined in Thursday's new bill to reinstate Trade Promotion Authority were aimed at quelling attacks about the secrecy of international trade talks, but the administration's critics in labor, environmental and consumer advocacy circles remained unconvinced about the value of the new provisions.

  • April 17, 2015

    Union Not Responsible For Facebook Threats, DC Circ. Rules

    The D.C. Circuit on Friday upheld a ruling by the National Labor Relations Board that federal labor law did not require a union to remove Facebook comments posted by union members threatening workers who crossed a picket line, saying the union isn’t responsible for members’ comments in a private online forum.

  • April 17, 2015

    Flight Attendant Can't Exclude All Income, DC Circ Affirms

    The D.C. Circuit said Friday that a U.S. flight attendant based in Hong Kong could not claim all her earnings as foreign income and remanded the case to the U.S. Tax Court to ensure the pay she earned for canceled flights is properly allocated.

  • April 17, 2015

    AutoZone Ordered To Produce Some Information In Bias Case

    An Illinois federal judge Thursday granted a bid by the U.S. Equal Employment Opportunity Commission to compel information from AutoZone Inc. on transfer and compensation information for certain employees in Chicago but nixed the agency's request for data about previous bias complaints.

  • April 17, 2015

    EEOC Can't Duck Order To Name Alleged Cintas Bias Victims

    A Michigan federal judge has refused to reconsider an order directing the U.S. Equal Employment Opportunity Commission to identify the female job applicants it will seek monetary damages for in a sex bias trial against uniform provider Cintas Corp.

Expert Analysis

  • Contractor Employee Confidentiality Policies In The Spotlight

    Dave Nadler

    The government has recently stepped up its efforts to preclude government contractors from using overly restrictive confidentiality and nondisparagement clauses in employment contracts that might discourage employees from reporting waste, fraud and abuse, say attorneys with Dickstein Shapiro LLP.

  • Stakes Are High In McDonald’s Joint-Employer Case

    Donald S. Krueger

    The National Labor Relations Board’s case against McDonald’s, charging that the franchisor and its franchisees are joint employers and seeking to hold McDonald’s liable for unfair labor practices allegedly committed by its franchisees, has the potential to fundamentally alter the way employers conduct business with franchisees and third-party contractors, say Donald Krueger and Steven Swirsky of Epstein Becker & Green PC.

  • Virginia's ‘Rocket Docket' Continues To Roar

    Robert M. Tata

    The Eastern District of Virginia ― known as the “Rocket Docket” ― had the fastest trial docket in the country in 2014, for the seventh year in a row. The median time interval to trial was 12.5 months. That’s compared to a nationwide average of 24.9 months to try a case, says Robert Tata, managing partner of Hunton & Williams LLP's Norfolk, Virginia, office.

  • Moving On Up The Value Chain: Here Is What Legal Can Do

    Lance Ellisor

    At a time of increasing litigation costs and rising claims, legal departments are facing pressures to lower overall legal spending and evolve from a company cost center into a strategic business partner. As a result, smart legal departments are increasingly focusing on brand management, predictive decision-making and commercial acceleration, says Lance Ellisor of Mitratech Holdings Inc.

  • 2 Routes To Hourly Rates For Lawyers

    Gerald G. Knapton

    If we were developing a system to determine legal fees from a clean slate, we would price our professional services according to quality, efficiency and results — tasks and team would be agreed upon. Instead, we have an hourly system that discourages tight management, can lead to padded bills and includes time for work that may not have been necessary, says Gerald Knapton of Ropers Majeski Kohn & Bentley PC.

  • Loose Lips Have Lots Of Leeway At The NLRB

    Stephanie M. Caffera

    In light of Pier Sixty LLC, the National Labor Relations Board will construe both employer “provocation” and employee “impulsiveness” much more broadly than employers would expect. The “one bad supervisor” may create a legal environment that essentially condones an outburst from an employee and may prevent an employer from taking disciplinary action, says Stephanie Caffera of Nixon Peabody LLP.

  • Catch Me If You Can: NLRB Union Election Rules Edition

    Terence P. McCourt

    While we can't say with certainty how quickly on average the National Labor Relations Board's regions will schedule elections under new union election rules, faster elections will surely benefit unions as employers will lose campaign time and have fewer opportunities to express their views on unionization to employees, say Terence McCourt and Justin Keith of Greenberg Traurig LLP.

  • 9th Circ. Comes Around On CAFA

    Sean D. Unger

    Taken together, three recent cases demonstrate the Ninth Circuit’s new fidelity to Congress’ stated intent that Class Action Fairness Act cases be heard in federal courts. However, they also confirm that, where Congress limited CAFA, the Ninth Circuit will not ignore that limitation, say attorneys at Paul Hastings LLP.

  • 10 Considerations When Your Departing Employee Is A Lawyer

    Tyler Young

    The Schlumberger Ltd. and PTT LLC suits underscore the significant risks and difficult decisions presented by the departure of an in-house attorney who knows trade secret and confidential information, say Randy Kahnke and Tyler Young of Faegre Baker Daniels LLP.

  • How To Weather Media Inquiries In High-Profile Cases

    Jolie Balido

    Avoid using “no comment” in response to a question or statement from reporters. Some reporters, particularly TV news reporters, are simply trying to elicit a reaction for a quick visual and aren’t particularly concerned with the actual answer, says Jolie Balido, president of marketing communications firm Roar Media.