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Employment
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October 11, 2024
Boeing Cuts 17K Jobs, Hits Union With Bargaining Charges
Boeing's new chief executive on Friday said the aerospace giant will cut its workforce by about 17,000 jobs as part of a restructuring effort as the company enters a new chapter of regulatory scrutiny and production delays, a day after accusing the union representing striking factory workers of bad-faith bargaining.
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October 11, 2024
Employment Authority: High Court To Take On 'Majority' Bias
Law360 Employment Authority covers the biggest employment cases and trends. Catch up this week with coverage on how so-called reverse discrimination cases could rise if the U.S. Supreme Court nixes a legal test in "majority" group bias cases, how employers can remain compliant with wage and hour laws even during natural disasters, and how the National Labor Relations Board could expect to shift under a Trump presidency.
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October 11, 2024
Up Next At High Court: CBD Injuries & The Clean Water Act
The U.S. Supreme Court will be closed Monday, but the justices will return to the bench Tuesday to hear arguments over whether the federal Racketeering Influenced and Corrupt Organizations Act allows litigants to pursue claims of economic harm tied to personal injuries, and how specific pollutant discharge limits have to be under the Clean Water Act.
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October 11, 2024
Combs To Remain In Jail While 2nd Circ. Bail Appeal Plays Out
Sean "Diddy" Combs will likely remain in custody on sex-trafficking charges until at least November, after a Second Circuit judge said a complete appeals court panel must decide whether the hip-hop mogul is a danger to the community.
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October 11, 2024
Judge OKs Deal In One Of EEOC's First PWFA Suits
A Florida federal judge on Friday approved a nearly $100,000 consent decree between a Florida resort and a line cook fired when she requested time off after a stillbirth, in one of the U.S. Equal Employment Opportunity Commission's first batch of cases accusing employers of violating the Pregnant Workers Fairness Act.
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October 11, 2024
Medytox Loses ITC Fight Over Antiwrinkle Trade Secrets Use
The U.S. International Trade Commission has backed a finding that medical aesthetic provider Medytox Inc. failed to prove that two other companies wrongly used its antiwrinkle biotechnology to create another product.
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October 11, 2024
IBM Unit Wants To Undo 'Troubling' Defamation Case Ruling
An IBM unit has asked the Fourth Circuit to revive its lawsuit alleging a former executive's defamatory statements nearly killed a major acquisition, arguing that a lower court attempted to inject a new standard into its analysis.
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October 11, 2024
NCAA Says SD Suit Over NIL Deal Belongs In Federal Court
The NCAA has removed to federal court a lawsuit filed by South Dakota's attorney general that argues the organization's proposed $2.78 billion name, image and likeness settlement unlawfully tosses its guiding principle of amateurism.
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October 11, 2024
Seattle Police Guild Tells Judge Shooting Didn't Warrant Firing
A Seattle police officers' union argued in Washington state court on Friday a former cop acted reasonably when she shot at a suspect fleeing in a stolen vehicle, defending an arbitrator's decision to downgrade her firing to a 60-day suspension amid a challenge by the city.
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October 11, 2024
High Court Bar's Future: Stanford Law's Easha Anand
Fresh off her shot-from-a-cannon debut during the U.S. Supreme Court's previous term, Easha Anand of Stanford Law School is moving full steam ahead into the new term, arguing Tuesday against one of the nation's most accomplished oral advocates. If things go as usual, Anand says she'll have nerves "out the wazoo" before and even after the showdown — but none at all when staying calm matters most.
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October 11, 2024
Cable Co. CEO Says Buyer Fired Him In Violation Of Deal
An owner of a Colorado aerospace manufacturing company is suing a buyer in state court for allegedly violating the terms of their asset purchase deal, claiming the buyer fabricated a reason to fire him as CEO in order to avoid paying half a million dollars that it would otherwise owe to his company.
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October 11, 2024
3rd Circ. Won't Deem Bus Driver's Migraines FMLA-Eligible
A Pennsylvania public transit employee didn't have the requisite "serious health condition" to back his workplace retaliation claims under the federal Family Medical Leave Act, the Third Circuit ruled Friday, declining to reinstate a trial victory for the bus driver.
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October 11, 2024
No Coverage For Wage Disclosure Suits, Insurer Says
An insurer said it has no duty to defend or indemnify two restaurant franchise operators accused of violating Washington's Equal Pay and Opportunities Act, telling a federal court that the allegations do not trigger coverage under an employment practices liability insurance policy.
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October 11, 2024
Babson College, South Asian Professor Resolve Bias Suit
A former Babson College professor of South Asian descent has resolved a suit alleging she was demeaned by a white male colleague and blocked by the school from advancing her career.
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October 11, 2024
Michigan Tech Wants New Trial In Prof's Pregnancy Bias Case
Michigan Technological University has asked a judge to toss a jury verdict in favor of a former professor in a pregnancy discrimination case, saying evidence related to the professor's theory that the college was planning to deny her tenure should have been kept out of trial.
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October 11, 2024
Gruden Gets Another Play, Could Keep NFL Suit In Court
Former Las Vegas Raiders coach Jon Gruden will have another shot to keep from arbitration his case over the NFL's alleged torpedoing of his contract with leaks of his inflammatory emails, as the entire Nevada Supreme Court will consider the proper venue for the heated dispute.
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October 11, 2024
Weinstein Charges Should Be Combined For Retrial, DA Says
Prosecutors asked a New York state court judge to consolidate Harvey Weinstein's 2018 rape indictment with newly filed sexual assault charges ahead of his retrial, panning the former Hollywood producer's "creative" arguments for separate trials.
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October 11, 2024
Off The Bench: NCAA's NIL Deal Advances, QB Settles Again
In this week's Off The Bench, the NCAA and the athletes suing it over name, image and likeness money satisfy a judge with their proposed settlement revisions, an NFL quarterback settles yet another sexual assault accusation, and a legal battle between the NFL and one of its former reporters ends amicably.
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October 11, 2024
'Bloodsport' Poaching Case To Mediate After Disputed Verdict
An exasperated Boston federal judge on Friday talked two rival medical aesthetic device companies into a round of mediation with a magistrate judge to see if they could wrap up the fiercely litigated poaching case that's already resulted in a contested eight-figure verdict.
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October 11, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen billionaire Lakshmi Mittal sue steel magnate Sanjeev Gupta in a long-running clash to claw back €140 million ($153 million) of debt, a high-profile AI researcher take action against the Intellectual Property Office to register his software as a listed patent inventor and troubled housing trust Home Reit face a claim by a real estate developer. Here, Law360 looks at these and other new claims in the U.K.
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October 11, 2024
Texas Hospital Settles Layoffs, Benefits Contributions Suit
A Texas hospital has agreed to settle a proposed class action alleging it laid off approximately one-third of its workforce without warning and unlawfully held onto employees' health insurance premiums and 401(k) contributions, according to a federal court filing.
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October 11, 2024
Staffing Co. Cuts Deal To End Travel Nurses' Pay Claims
A staffing firm agreed to pay nurses $500 each to end allegations that it lured them to work at COVID-19 testing clinics in Fort Lauderdale, Florida, by making wage promises it never fulfilled, a filing in Georgia federal court said.
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October 11, 2024
Nursing Home Operator Hit With OT Suit In Ohio
A nursing home operator unlawfully denied certified nursing assistants overtime pay and also docked their pay for meal breaks that were never taken, according to a proposed class action filed in Ohio federal court.
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October 11, 2024
TransUnion Agrees To Settle Suit Over Inaccurate Report
A Texas man who claims he lost a job opportunity after a faulty TransUnion background check identified him as a "drug offender" has agreed to end his lawsuit against the company, reaching a tentative settlement.
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October 10, 2024
FTC's Final Merger Filings Overhaul Drops Labor Market Look
The Federal Trade Commission on Thursday finalized its long-awaited overhaul to U.S. merger filing rules, dropping initial proposed requirements to submit preliminary deal drafts and labor market details, while also reinstating the "early termination" of reviews of benign tie-ups.
Expert Analysis
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How To Grow Marketing, Biz Dev Teams In A Tight Market
Faced with fierce competition and rising operating costs, firms are feeling the pressure to build a well-oiled marketing and business development team that supports strategic priorities, but they’ll need to be flexible and creative given a tight talent market, says Ben Curle at Ambition.
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Patent Lessons From 5 Federal Circuit Reversals In June
A look at June cases where the Federal Circuit reversed or vacated decisions by the Patent Trial and Appeal Board or a federal district court highlights a potential path for branded drugmakers to sue generic-drug makers for off-label uses, potential downsides of violating a pretrial order offering testimony, and more, say Denise De Mory and Li Guo at Bunsow De Mory.
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Series
Rock Climbing Makes Me A Better Lawyer
Rock climbing requires problem-solving, focus, risk management and resilience, skills that are also invaluable assets in my role as a finance lawyer, says Mei Zhang at Haynes and Boone.
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What's Next After NLRB Ruling On Overbroad Noncompetes
If the National Labor Relations Board's recent ruling on noncompete provisions and its extension of Section 7 rights to limit noncompetes is adopted, this interpretation of the National Labor Relations Act will have to survive scrutiny by the courts without the deference previously afforded under the U.S. Supreme Court's recent overturning of Chevron, say attorneys at Littler.
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Think Like A Lawyer: Dance The Legal Standard Two-Step
From rookie brief writers to Chief Justice John Roberts, lawyers should master the legal standard two-step — framing the governing standard at the outset, and clarifying why they meet that standard — which has benefits for both the drafter and reader, says Luke Andrews at Poole Huffman.
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Recent Settlement Shows 'China Initiative' Has Life After Death
Though the U.S. Department of Justice shuttered its controversial China Initiative two years ago, its recent False Claims Act settlement with the Cleveland Clinic Foundation demonstrates that prosecutors are more than willing to civilly pursue research institutions whose employees were previously targeted, say attorneys at Benesch.
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How Calif. Ruling Alters Worker Arb. Agreement Enforcement
The California Supreme Court’s recent ruling in Ramirez v. Charter Communications should caution employers that while workers’ arbitration agreements will no longer be deemed unenforceable based on their number of unconscionable provisions, they must still be fair and balanced, says Sander van der Heide at CDF Labor.
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Congress Quietly Amends FEPA: What Cos. Should Do Now
Last week, Congress revised the Foreign Extortion Prevention Act — passed last year to criminalize demand-side foreign bribery — to address inconsistencies and better harmonize the law with the Foreign Corrupt Practices Act, and companies should review their compliance programs accordingly, say Mark Mendelsohn and Benjamin Klein at Paul Weiss.
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How First-Of-Its-Kind NIL Lawsuit Is Shaping College Athletics
College quarterback Jaden Rashada's recent fraudulent inducement allegations filed against the University of Florida’s head football coach in Florida federal court provide a glimpse into how universities and collectives are navigating novel name, image and likeness issues, and preview potential future legal challenges these institutions may face, say attorneys at O'Melveny.
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CFTC Action Highlights Necessity Of Whistleblower Carveouts
The U.S. Commodity Futures Trading Commission's novel settlement with a trading firm over allegations of manipulating the market and failing to create contract carveouts for employees to freely communicate with investigators serves as a beacon for further enforcement activity from the CFTC and other regulators, say attorneys at Davis Wright.
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Series
Being A Luthier Makes Me A Better Lawyer
When I’m not working as an appellate lawyer, I spend my spare time building guitars — a craft known as luthiery — which has helped to enhance the discipline, patience and resilience needed to write better briefs, says Rob Carty at Nichols Brar.
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Defending Against Aggressive DOL Child Labor Enforcement
The U.S. Department of Labor's recent unsuccessful injunction against an Alabama poultry facility highlights both the DOL's continued focus on child labor violations and the guardrails and defenses that employers can raise, say attorneys at Littler.
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Lead Like 'Ted Lasso' By Embracing Cognitive Diversity
The Apple TV+ series “Ted Lasso” aptly illustrates how embracing cognitive diversity can be a winning strategy for teams, providing a useful lesson for law firms, which can benefit significantly from fresh, diverse perspectives and collaborative problem-solving, says Paul Manuele at PR Manuele Consulting.
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2 Lessons From Calif. Overtime Wages Ruling
A California federal court's recent decision finding that Home Depot did not purposely dodge overtime laws sheds light on what constitutes a good faith dispute, and the extent to which employers have discretion to define employees' workdays, says Michael Luchsinger at Segal McCambridge.
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Questions Remain After 3rd Circ.'s NCAA Amateurism Ruling
The Third Circuit's recent holding that college athletes can be considered employees under the FLSA adds to the trend of student-athletes obtaining new legal status in collegiate athletics, but leaves key questions unanswered, including how the economics of the decision will be applied, say attorneys at Reed Smith.