• October 26, 2016

    Thompson Hine Adds Dinsmore Employee Benefits Team

    Thompson Hine LLP announced Wednesday that it has bolstered its employee benefits and executive compensation practice in Cincinnati, Ohio, by snagging a trio of former Dinsmore & Shohl LLP attorneys, including one partner, with experience advising clients on all aspects of employee benefits.

  • October 26, 2016

    T-Mobile, MetroPCS Work Rules Illegal, NLRB Tells 5th Circ.

    The Fifth Circuit should back the National Labor Relations Board ruling that various T-Mobile and MetroPCS employee handbooks have unlawful rules like positive workplace behavior requirements and workplace recording bans, the board recently said, because evidence shows the rules are overbroad.

  • October 26, 2016

    Jury Hits Abbott Unit With $4.25M Age-Bias Verdict

    A federal jury found Tuesday that an Abbott Labs unit discriminated against a national sales manager because of age, awarding $4.25 million to the former sales executive.

  • October 26, 2016

    No Stay In ERISA Suit While Justices Mull Church Ties

    An Illinois federal judge said Tuesday she won’t pause a putative class action accusing a Catholic Church-affiliated health care corporation of dodging its pension obligations, rejecting the corporation’s request for a stay ahead of decisions in similar cases before the U.S. Supreme Court.

  • October 25, 2016

    Following Justices' Lead, 10th Circ. Revives Discharge Claim

    The Tenth Circuit on Monday revived the claim of an ex-postmaster who says he was coerced into retiring after complaining of discrimination, months after the U.S. Supreme Court found the clock on his claim began to run when he gave his retirement notice, not when the Postal Service tried to push him out the door.

  • October 25, 2016

    Wal-Mart Beats Ex-Pharmacist's ADA Claims At 9th Circ.

    A Washington federal judge correctly tossed a putative class action brought by a fired pharmacist who accused Wal-Mart Stores Inc. of discriminating against drug addicts in violation of the Americans with Disabilities Act, the Ninth Circuit said Tuesday.

  • October 25, 2016

    SpaceX Presses Welder On Testimony At Harassment Trial

    Counsel for SpaceX on Tuesday pressed a woman who welded for the aerospace company to tell a California jury the specific dates and details underlying her allegations of graphic harassment by a coworker, showing video of the woman giving testimony inconsistent with her in-court answers.

  • October 25, 2016

    Insurance Broker Wins Injunction Against Rival, Ex-Employees

    A Florida state judge has granted independent insurance broker Brown & Brown Inc. a temporary injunction against competitor AssuredPartners Inc. and former Brown & Brown employees Assured hired, finding sufficient evidence they violated restrictions in their employment agreements.

  • October 25, 2016

    Too Early For Contractors To Celebrate Fair Pay Rule Win

    Government contractors scored a significant win this week when an eleventh-hour injunction blocked much of the controversial Fair Pay and Safe Workplaces rule from taking effect, but the strong potential for either an appeal or an amended rule means companies need to continue planning for potential compliance, experts say.

  • October 25, 2016

    NJ Judge Sends Medical Device Co.'s Coverage Spat To Pa.

    A New Jersey federal judge on Tuesday granted Federal Insurance Co.’s bid to transfer to Pennsylvania federal court hernia mesh maker Tela Bio Inc.’s suit seeking coverage for a competitor’s underlying trade secrets action.

  • October 25, 2016

    Overweight Trucker Seeks 2nd Shot At ADA Suit In 8th Circ.

    An overweight driver pressed the Eighth Circuit on Monday to rethink holding that a trucking company did not flout a federal law protecting those with disabilities when it suspended him for refusing to undergo a medical examination that would demonstrate whether he had sleep apnea.

  • October 25, 2016

    Ex-Ascent Exec Can't Get Proskauer Malpractice Suit Revived

    A California appeals court on Tuesday rejected a former Ascent Media Group executive’s bid to revive his legal malpractice suit against Proskauer Rose LLP over sexual harassment investigations against him, saying there wasn't evidence the law firm’s joint representation worsened his financial or legal outcome.

  • October 25, 2016

    NLRB Again Pushes High Court To Clear GC Nomination

    The National Labor Relations Board has doubled down on its push to convince the U.S. Supreme Court to reverse the D.C. Circuit's decision that onetime acting NLRB General Counsel Lafe Solomon was improperly nominated, saying the appointment is in accord with the long-standing interpretation of the law governing temporary appointments.

  • October 25, 2016

    White House Urges States To Roll Back Noncompete Deals

    The White House on Tuesday issued a “call to action” to states over noncompete agreements, encouraging lawmakers to enact policies that would limit the legal frameworks in industries and for wage groups where it would be most practical.

  • October 25, 2016

    American Apparel May Drop Chancery Case Against Charney

    American Apparel Inc. told the Delaware Chancery Court late Monday that the litigation trustee in its Chapter 11 case is open to dropping its lawsuit against founder and ousted CEO Dov Charney over a standstill agreement that it argues was breached when the ex-chief launched a campaign to retake the company.

  • October 25, 2016

    Escobar Downplays Justices' FCA Findings In 1st Circ.

    The relator in the so-called Escobar case told the First Circuit on Tuesday that the U.S. Supreme Court's June 2016 decision did not doom False Claims Act suits where the government has made payments with knowledge of the alleged misstatements, downplaying the high court's findings on materiality.

  • October 25, 2016

    NJ Education Dept. Ducks Whistleblower Suit

    The New Jersey Department of Education remained free of a former business administrator’s whistleblower lawsuit Tuesday when a state appeals court affirmed that the litigant filed his lawsuit one day too late.

  • October 25, 2016

    Senate Dems Blast Defense Bill's LGBT Measure

    Virtually every Senate Democrat on Tuesday signed a letter opposing a House-passed defense spending bill amendment they say would roll back executive protections of lesbian, gay, bisexual and transgender contractor employees and would facilitate discriminatory practices under the umbrella of religious liberty.

  • October 25, 2016

    LA Hotel Can't Sue To Stop Labor Probe, NLRB Says

    The operators of the posh Hotel Bel-Air in Los Angeles can't sue a National Labor Relations Board official to block the agency's ongoing pursuit of discriminatory hiring practice allegations, the agency told a California federal judge Monday, saying that only circuit courts can review NLRB proceedings after the board has issued a final order.

  • October 25, 2016

    Cameron Can't Block Former Exec From All Middle East Work

    A Texas federal judge ruled Tuesday that Cameron International Corp. can restrain one of its former top executives from working for competitors only in Oman and Yemen, not the entire Middle East, under his noncompete agreement.

Expert Analysis

  • Jevic Could Be Most Consequential Ch. 11 Decision In Years

    Benjamin D. Feder

    A broad ruling by the U.S. Supreme Court in Czyzewski v. Jevic Holding would limit creative uses of the Bankruptcy Code and substantially affect the manner in which difficult Chapter 11 cases are approached and resolved, says Benjamin Feder of Kelley Drye & Warren LLP.

  • When Your Client Is The President

    William E. Casselman II

    My experience with the Nixon pardon, the Nixon tapes, the construction of the White House swimming pool, and other matters well out of the ordinary for a president’s lawyer taught me that in the practice of law one should learn to expect and cope with the unexpected, says William Casselman, who served as White House counsel for President Gerald Ford.

  • So You Want To Be A Partner? You Need A Mentor

    Rebecca Glatzer

    Not all aspects of the partnership process are within an attorney’s power. However, there are some factors that an associate can control on the path to partnership, the most important of which are the relationships cultivated along the way, says Rebecca Glatzer of Major Lindsey & Africa.

  • Nevada High Court's Unyielding Approach To Noncompetes

    Patrick H. Hicks

    The Nevada Supreme Court's recent decision in Golden Road Motor Inn v. Islam provides additional guidance on the concept of “reasonableness” for employers to keep in mind when drafting noncompete agreements. Employers are well advised to evaluate whether such agreements extend beyond what is necessary to protect legitimate business interests, say Patrick Hicks and Kathryn Blakey of Littler Mendelson PC.

  • Getting More Value From Your Damages Expert

    David J. Ottenbreit

    It is not uncommon for litigation attorneys to delay retaining damages experts for their cases until fact discovery has either ended or is nearly exhausted. While this may minimize cost, the resulting work product and testimony for the damages case may not be as strong — which could be pivotal if the case comes down to a “battle of the experts,” say members of Gnarus Advisors LLC and Saul Ewing LLP.

  • The Supreme Court Vacancy And An Equally Divided Court


    The seat on the U.S. Supreme Court left vacant by the death of Justice Antonin Scalia has been empty now for more than six months. As a result, the ability of the remaining eight-justice court to decide cases is impaired. This is nowhere more apparent than in the number of recent cases deadlocked on a 4-4 tie vote, says David Axelrad of Horvitz & Levy LLP.

  • Calif. High Court Scrutinizes On-Call Rest Breaks

    Barbara L. Harris Chiang

    The California Supreme Court's decision in Augustus v. ABM Security Services may have a huge impact on how employers handle rest breaks. If the court of appeal’s decision is reversed, employers who have on-call policies, or informal requirements that employees be reachable during breaks, may face substantial liability for past and future practices, say attorneys at Kaufman Dolowich & Voluck LLP.

  • When Your Client Is The President

    John W. Dean

    I went to the law books, where I discovered the crime of “obstruction of justice,” and realized I was right in the middle of a criminal conspiracy. I didn't fully understand my conduct during Watergate until — decades later — I learned about the psychology of cover-up at work, says John Dean, who served as White House counsel for President Richard Nixon.

  • Not Quite Final: The Fight Over DOL's New Overtime Rules

    L. Julius M. Turman

    While some welcome the U.S. Department of Labor’s new overtime pay requirements, others believe the revisions ignore the type of work performed in favor of doubling the salary threshold for overtime exemption. Although many employers are wondering if recent challenges to the rules will stop them from coming into force, they are advised to take necessary steps to ensure compliance, say Julius Turman and Ariana Goodell of Reed Smith LLP.

  • Trial Pros’ Secret To Courtroom Success

     Jamin S. Soderstrom

    Somewhat surprisingly, very few of the dozens of "trial pros" who have been interviewed by Law360 have revealed the secret to effective trial preparation that is vital to their success. But ultimately, the “secret” to effective trial preparation is not actually a secret, says Jamin Soderstrom of Soderstrom Law PC.