• September 19, 2014

    7th Circ. Says Doctor Group Lacks Standing In ACA Tax Suit

    The Seventh Circuit on Friday affirmed a lower court's ruling to toss the Association of Physician and Surgeons' challenge to the Internal Revenue Service decision to implement the Affordable Care Act's individual mandate tax without the employer mandate this year, blasting the group for its expansive and unsuccessful standing argument.

  • September 19, 2014

    Insurers Needn’t Cover Delphi’s Self-Insured Cos.: 2nd Circ.

    The Second Circuit on Friday said two insurers don’t have to assume worker’s compensation liabilities from formerly bankrupt auto parts giant Delphi Corp., now known as DPH Holdings Corp., saying their policies don’t cover the company’s self-insured entities in Michigan.

  • September 19, 2014

    Pret A Manger Gets Approval For Don-Doff Wage Deal

    A New York federal judge on Friday greenlighted Pret A Manger (USA) Ltd.'s $910,000 settlement with a class of more than 4,000 workers in New York who claimed the sandwich chain cheated them of pay for the time it took to put on their uniforms. 

  • September 19, 2014

    Fish & Richardson Litigator Moves To Polsinelli In Dallas

    Polsinelli LLP hired a longtime Fish & Richardson PC litigator who specializes in trade secret theft cases and wage-and-hour disputes to join its labor and employment and commercial litigation practices in Dallas, the firm announced Friday.

  • September 19, 2014

    Ex-Vanderbilt Worker Class Certified In WARN Act Suit

    A Tennessee federal judge has certified a class of former Vanderbilt University Medical Center workers who claimed they received insufficient notice of layoffs, rejecting the university’s argument that two groups of employees laid off at different times couldn't be combined to allow a claim under the Worker Adjustment and Retraining Notification Act.

  • September 19, 2014

    CVS Escapes EEOC Suit Over Severance Pact

    An Illinois federal judge on Thursday dismissed a U.S. Equal Employment Opportunity Commission lawsuit that alleged that CVS Pharmacy Inc.’s employee separation agreement restrains employees’ rights to file discrimination charges.

  • September 19, 2014

    Hillshire To Pay $330K To Settle Anti-Male Bias Claims

    Hillshire Brands Co. on Thursday settled U.S. Department of Labor claims it discriminated against 2,474 male applicants, while receiving millions in government contracts, and agreed to pay $330,000 and to offer 73 of them jobs.

  • September 19, 2014

    USAID Contractor Seeks To Revive Suit Against US In DC Circ.

    A U.S. Agency for International Development contractor who was imprisoned in Cuba for his pro-democracy work urged a D.C. Circuit panel on Friday to resurrect his negligence claims against the federal government, claiming it shouldn't be immune from paying damages.

  • September 19, 2014

    Securitas Guard Vacation Pay Class To Be Certified

    A California federal judge on Thursday said he would give early certification to a class of Securitas Security Services Inc. guards alleging the company’s vacation pay policy is essentially a bonus program in disguise, tasking the parties to agree on a class definition.

  • September 19, 2014

    Gov't Says Doctors Group Misrepresents FCA Allegations

    The federal government on Thursday hit back at IPC The Hospitalist Co. Inc.’s attempt to escape a whistleblower suit accusing the company of overbilling Medicare and Medicaid, telling an Illinois federal court that IPC had misrepresented its complaint in a bid to dismiss the case.

  • September 19, 2014

    Del Monte Blames $10M Tomato Harvest Loss On Staffing Co.

    A staffing company caused $10 million in losses when it failed to provide Del Monte Fresh Production Inc. with enough workers during the peak of the tomato harvest, according to a complaint filed Thursday in Florida federal court.

  • September 19, 2014

    Kuwaiti Contractor Gets FCA Claims Trimmed To $40M

    A California federal judge trimmed $25 million from a False Claims Act suit brought against Kuwaiti contractor The Public Warehousing Co. but kept $40 million worth of claims, saying a whistleblower adequately alleged that the company deliberately overcharged the U.S. military under logistical support contracts in Iraq and Kuwait.

  • September 19, 2014

    FCA Free Speech Defense Tested In DOJ-PhRMA Fight

    A fiery feud in California federal court between the U.S. Department of Justice and Pharmaceutical Research and Manufacturers of America shows the gloves are finally off in a fight that will shape the future of False Claims Act litigation, experts say, with opposing sides clashing over whether the First Amendment always shields honest off-label promotion.

  • September 19, 2014

    Jewel-Osco Slams EEOC's Backing Of Contempt Proposal

    Supermarket chain Jewel-Osco urged an Illinois federal judge to reject a magistrate judge's recent report recommending it be held in contempt for violating a consent decree by failing to accommodate disabled workers, saying the U.S. Equal Opportunity Employment Commission fell short of proving the report used the correct legal standard.

  • September 19, 2014

    Axioma Must Disclose Source Code In Trade Secrets Battle

    Investment risk-metrics company Axioma Inc. must disclose additional source code versions in a trade secrets suit brought by competitor MSCI Inc. that claims former "faithless employees" schemed to pilfer its technology, a New York state appeals court ruled Thursday.

  • September 18, 2014

    Texas Firm Branscomb Snags Ex-Bracewell Employment Pro

    Branscomb PC has lured an attorney from Bracewell & Giuliani LLP with expertise defending employers in discrimination disputes and drafting employee handbooks to boost its labor and employment team in San Antonio, the firm announced this month.

  • September 18, 2014

    McKinsey Consultants Settle Row Over Defections From Rival

    Turnaround firm AlixPartners LLP and a pair of former employees who defected to a McKinsey & Co. unit settled on Thursday their dispute over whether the departed consultants stole trade secrets and breached employment contracts on their way out the door.

  • September 18, 2014

    Boeing Beats Worker Asbestos Suit In Wash. High Court

    The Washington Supreme Court on Thursday found that a state law prevents the estate of a former Boeing Co. worker from suing the aircraft maker for his mesothelioma, finding that the plaintiffs hadn't shown that Boeing knew the injury would certainly occur.

  • September 18, 2014

    NY AIG Ruling Shifts Workers' Comp Fights Back To Calif.

    American International Group Inc. can't force businesses into New York arbitration over side agreements governing California workers' compensation insurance, an Empire State appellate court has found, a ruling experts say gives employers a stronger hand in policy payment fights by shifting the playing field back to a state where the law is considered more friendly to policyholders.

  • September 18, 2014

    KPMG Decries Futile Discovery 'Frolic' In $400M Sex Bias Suit

    KPMG LLP urged a New York federal judge on Thursday to penalize employees accusing the firm in a $400 million Equal Pay Act collective action of underpaying female client service and support professionals for allegedly wasting the court's time with baseless discovery filings.

Expert Analysis

  • Texas High Court Stays Course On Restrictive Covenants

    David M. Gregory

    The Supreme Court of Texas' decision in Drennen v. Exxon Mobil Corp. approved an alternative approach for employers to garner periods of noncompetition from prior employees and continues the court’s recent trend toward broader enforcement of restrictive covenants, says David Gregory of Locke Lord LLP.

  • ACA Tax Subsidy Dispute May End Up Before High Court

    J. Peter Rich

    Given the political composition of the D.C. Circuit as it prepares to hear Halbig v. Burwell en banc, it is expected that the full court will rule in favor of the government, which may ultimately result in appeal to the U.S. Supreme Court, say J. Peter Rich and Lauren D'Agostino of McDermott Will & Emery LLP.

  • OPINION: Pro Bono May Help Diversity Recruiting Efforts

    David A. Lash

    A recent Law360 article about the perennial BigLaw concern over how to recruit and retain female and ethnically diverse attorneys addressed a new approach being taken by some law firms — going beyond traditional mentoring programs by creating a sponsorship relationship. Pro bono can also play a part, say David Lash and Merle Vaughn of the Association of Pro Bono Counsel.

  • Answering Your Questions On NJ's 'Ban-The-Box' Law

    Jill R. Cohen

    New Jersey employers should understand that the Opportunity to Compete Act that Gov. Chris Christie recently signed into law is more lenient than prior iterations — which would have prohibited employers from asking about criminal records until after a conditional offer of employment was made to an applicant, says Jill Cohen of Eckert Seamans Cherin & Mellott LLC.

  • How Research Efficiency Impacts Law Firm Profitability

    David Houlihan

    For a law firm, excess time dedicated to legal research generates waste, either in the form of artificially reduced billable hours or, particularly in flat or contingency fee projects, as overhead eroding the profitability of legal work. By measuring five factors, firms will begin to understand their own opportunities for improving profits, says David Houlihan of Blue Hill Research Inc.

  • A Wake-Up Call To Counsel Over ESI Discovery

    Eric P. Mandel

    There are two important takeaways from Brown v. Tellermate Holdings Ltd. — search terms often produce both over-inclusive and under-inclusive results and it's imperative counsel test the accuracy of electronically stored information search methodology before committing to use it or to a firm production timetable, say Charles Ragan and Eric Mandel of Zelle Hofmann Voelbel & Mason LLP.

  • EB-5 Visa Unavailability Will Have A Large Impact

    Mona Shah

    The EB-5 visa program has evolved into a multibillion-dollar industry, and clarification from the U.S. Department of Homeland Security's United States Citizenship and Immigration Services on issues surrounding the visa backlog is necessary to stabilize the program and capital markets in the U.S., say Mona Shah and Yi Song of Mona Shah & Associates.

  • 7th Circ. Limits FCA 'Worthless Services' Theory

    Ty Howard

    While Absher v. Momence Meadows Nursing Center Inc. leaves open the potential that a worthless services theory could give rise to False Claims Act liability, the Seventh Circuit’s interpretation severely limits such liability to those cases in which a defendant effectively provided no service of value at all, says Ty Howard of Bradley Arant Boult Cummings LLP.

  • Best Business Planning Practices For Lawyers

    Jenn Topper

    Each lawyer's practice is a self-run business, even within the platform of a firm, and yet the level of entrepreneurialism within the practice of law is oftentimes marginalized, says legal industry business development specialist Jenn Topper.

  • Noncompetes And At-Will Employment At Issue In Wis.

    Brandon M. Krajewski

    An eventual decision by the Wisconsin Supreme Court in Runzheimer International Limited v. Friedlen should provide critical guidance to employers looking to secure new restrictive covenants with existing at-will employees without additional consideration, says Brandon Krajewski of Quarles & Brady LLP.