Employment

  • July 26, 2016

    4 Traits Of The Top Litigation Firms

    All litigation powerhouses boast talented trial lawyers, but the 20 firms at the top of their game don't just rely on their litigators. Here, we talk about the four traits that led the elite of the Litigation Powerhouses to become the go-to firms for bet-the-company cases.

  • July 26, 2016

    5 Small(er) But Mighty Litigation Shops

    Five relatively small but fearsome law firms landed a spot on Law360's 2016 list of 50 Litigation Powerhouses after they laced up their gloves and brought the pain in their fights for clients, winning some of the biggest cases over the past year.

  • July 26, 2016

    NJ Sewer Supervisors Sentenced For Misusing Employees

    Four former supervisors at the Passaic Valley Sewerage Commission drew sentences ranging from five years in state prison to probation Tuesday for having on-duty subordinate agency employees perform renovations at private homes.

  • July 26, 2016

    Law360 Names Top 50 Firms For Litigation

    Historic, precedent-setting wins in class action litigation. Jaw-dropping jury verdicts in courts across the country. Victories in the smartphone wars. Dramatic upsets on appeal. Law360's Litigation Powerhouses leveraged their deep legal talent to score remarkable wins for their clients over the past year, landing them a spot on our inaugural ranking of the top firms for litigation.

  • July 26, 2016

    Disney Comes Out Swinging In H-1B Visa Class Actions

    Walt Disney Parks and Resorts U.S. Inc. on Monday blasted two class actions accusing Disney and two consulting firms of conspiring to replace employees with foreign workers through an abuse of the H-1B visa program, telling a Florida federal court that the plaintiffs’ responses showed the suits were “in search of a legal claim.”

  • July 26, 2016

    7th Circ. Revives Sex Discrimination Suit Against FedEx

    The Seventh Circuit on Tuesday revived a Chicago-area woman’s sex and national origin discrimination lawsuit against employer Federal Express, saying she presented enough evidence to push forward claims she was not promoted based on her gender and Indian origin.

  • July 26, 2016

    TransPerfect Worker Sues Del. Judge In Free-Speech Row

    An employee of translation services company TransPerfect Global sued a Delaware chancellor and a court-appointed custodian in New York federal court on Tuesday, saying an order to sell the company includes violations of the First and Fourth amendments.

  • July 26, 2016

    Staples Can’t Duck Calif. Wage Suit Over Security Checks

    A California judge on Tuesday tentatively greenlighted a proposed class action against a Staples Inc. subsidiary alleging warehouse workers were cheated out of wages for time spent undergoing security checks, paring two employee break claims but rejecting the company’s bid to dismiss all six other causes of action.

  • July 26, 2016

    NFL, Union Launch Concussion Enforcement Protocol

    The National Football League and the NFL Players Association on Monday said they have agreed to enforce a concussion protocol and will discipline clubs with heavy fines or forfeited future draft picks if they violate it.

  • July 26, 2016

    Women Football Players Get Class Cert. In Skimpy-Pay Suit

    A California judge granted class certification to the scantily-uniformed members of a women’s football league alleging the organization improperly designated players as independent contractors to shortchange their pay, despite signs that defendants will sit on the bench and forfeit the courtroom battle.

  • July 26, 2016

    H-2B Workers, Landscaping Co. Settle Wage Suit For $700K

    A Pennsylvania federal judge signed off Tuesday on a $700,000 class settlement between a suburban Philadelphia landscaping company and Mexican workers who alleged the company was not paying them properly under the terms of their H-2B seasonal labor visas.

  • July 26, 2016

    Berkshire Seeks 5th Circ. Rehearing Over Revived ERISA Suit

    Berkshire Hathaway Inc. on Monday asked a Fifth Circuit panel to reconsider its reinstatement of Employee Retirement Income Security Act claims concerning employee benefit reductions for a subsidiary, arguing that the subsidiary's employees bringing suit lack standing to proceed under the “independent actor” barrier.

  • July 26, 2016

    Teamsters Ask 1st Circ. To Reverse Extortion Convictions

    Lawyers for two former Teamsters convicted of extorting businesses with pickets and their fellow union members with beatings told the First Circuit Tuesday that their conduct wasn't an unfair labor practice under federal law and shouldn't be considered a federal crime under the Hobbs Act.

  • July 26, 2016

    9th Circ. Won't Block Truck Driver Arbitration Ruling

    The Ninth Circuit declined on Tuesday to block a lower court from deciding whether a dispute between Swift Transportation Co. Inc. and a proposed class of truck drivers alleging they were misclassified as independent contractors must be arbitrated, rejecting the company’s bid to have a case management order vacated.

  • July 26, 2016

    Venable Atty’s Charges In Coffee Scrap False, Counsel Says

    A New York litigator involved in a coffee-fueled kerfuffle with a Venable LLP lawyer during a factious deposition accused her opposing counsel Monday of provoking her and then lying to the federal judge overseeing the trade secrets case.

  • July 26, 2016

    Food Co. Workers' $2.9M Wage Suit Win Can't Trump Ch. 11

    A California federal judge ruled on Tuesday that workers who won $2.9 million in a wage-and-hour class action against a fruit and vegetable processing company must get in line with the company's other creditors in a subsequent Chapter 11 bankruptcy.

  • July 26, 2016

    Puerto Rico Ports Authority Must Face Political Bias Suit

    The First Circuit ruled Tuesday that the Puerto Rico Ports Authority must face an ex-employee’s political discrimination and wrongful termination suit, saying the port authority isn’t entitled to sovereign immunity because of its tenuous status as an arm of the commonwealth of Puerto Rico.

  • July 26, 2016

    U of M Health System Seeks Sanctions For 'Baseless' Bias Suit

    The University of Michigan Health System on Tuesday asked a judge throw out a lawsuit accusing it of race discrimination and to sanction the former worker who filed the complaint and her attorney, arguing the employee has known all along that her allegations are untrue.

  • July 26, 2016

    5th Circ. Nixes USPS Employee's Age Discrimination Suit

    The Fifth Circuit on Monday declined to revive an employee’s age discrimination, retaliation and hostile work environment claims against the U.S. Postal Service, saying that a district court was not wrong to toss them.

  • July 26, 2016

    PacSun Resolves $2.4M Retirement Claim With Ex-CEO

    Sportswear retailer PacSun has resolved a dispute with the company’s former chief executive Sally Fram Kasaks over a $2.4 million claim she asserted over unpaid retirement benefits, according to court papers filed Tuesday in Delaware bankruptcy court.

Expert Analysis

  • Common Mistakes Employers Of Calif. Domestic Workers Make

    Scott Liner

    Despite the fact that it has been over two years since California's Domestic Workers Bill of Rights was enacted, many household employers are still unaware of their employment obligations and the associated risks. As a result, there are a growing number of claims and lawsuits alleging substantial amounts of unpaid wages and owed penalties, say Scott Liner and Tiffany Caterina at Liner LLP.

  • Testing The UBE: Portable But Inaccurate Bar Exam Scores

    Suzanne Darrow-Kleinhaus

    While there is not much that is new about the uniform bar exam’s components, what is new is that where you take the bar exam may make the difference between passing and failing. Half of the score depends on the strength of the applicant pool in the jurisdiction where the candidate wrote the exam, which may lead to “UBE shopping,” says Suzanne Darrow-Kleinhaus, director of bar programs at Touro Law Center.

  • How Employers Can Prepare For The Perils Of 'Pokemon Go'

    Keith A. Ashmus

    With the recent release of "Pokemon Go," employers may now be less concerned about "Candy Crush" distractions and more concerned about team Pokemon hunts in the office. The game has the real potential to create significant pitfalls for corporate employers, who must prepare for Pokemon mishaps from both employees and trespassers, says Keith Ashmus at Frantz Ward LLP.

  • Testing The UBE: Missouri Benefits From Uniform Bar Exam

    Jim Nowogrocki

    We in Missouri do not take lightly to new trends or frothy ideas. Yet, the uniform bar exam has allowed us to meet the challenges of an increasingly mobile legal profession and the changing needs of clients, and to ensure that a newly admitted attorney has the knowledge, character and fitness to practice in the Show-Me State, says Jim Nowogrocki, president of the Board of Law Examiners in Missouri — the first state to adopt the UBE.

  • 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.