Employment

  • November 25, 2014

    GE Claims Contractor Immunity In Removing Asbestos Suit

    General Electric Co. removed to federal court an asbestos case brought by a laborer allegedly exposed to the chemical at various sites over roughly 15 years, arguing Monday that GE is immune from the suit because the allegations arise from GE's work as a federal contractor.

  • November 25, 2014

    Supervalu Pharmacist OT Row Stays In Fed. Court

    A California federal judge rejected a motion Tuesday to send to state court a proposed class action accusing Supervalu Inc. of not paying pharmacists minimum wage and overtime, unpersuaded by the argument that the case missed the $5 million threshold for staying in federal court.

  • November 25, 2014

    Texas Jury Rejects Atty's Claim Energy Co. Fired Him For Age

    A Texas jury on Monday cleared Norway-based Petroleum Geo-Services Inc. and its American subsidiary of allegations that it fired an attorney for age discrimination in a case that had once accused the company of firing the man for reporting company fraud.

  • November 25, 2014

    Alston & Bird Atty Is 'Abusive', Fainting Plaintiff Says

    A former employee of Grant Thornton LLP said Monday that an Alston & Bird LLP attorney was abusive and had unleashed a “deluge of uncontrolled anger” in his response to her request for sanctions for allegedly deposing her after she passed out.

  • November 25, 2014

    Ex-PilePro CFO Seeks To Disqualify Firm In IP Theft Case

    A former chief financial officer of manufacturing company PilePro LLC, who allegedly left the company and made off with its patents, asked a Texas federal judge Monday to disqualify the company’s attorneys, Shumway Van & Hansen, because the firm represented him while he was still an employee.

  • November 25, 2014

    SEC's Minority Staff Gain Fewer, Smaller Bonuses: Report

    African-American employees of the U.S. Securities and Exchange Commission receive fewer and smaller cash awards than their white counterparts, and have filed a greater percentage of equal opportunity complaints, but the agency hasn’t been able to determine if these workers face internal barriers, the SEC’s inspector general wrote in a report made public Monday.

  • November 25, 2014

    3rd Circ. Won't Revive FCA Suit Against Siemens

    The Third Circuit on Tuesday affirmed a grant of summary judgment given to a Siemens AG subsidiary in the whistleblower suit accusing it of overcharging the U.S. Department of Veterans Affairs for medical devices, saying the district court did not abuse its discretion.

  • November 25, 2014

    Ex-Anapol Schwartz Atty's Gay Bias Suit To Advance

    A former Anapol Schwartz PC attorney’s suit alleging that a culture of anti-gay bias at the firm derailed a lucrative job opportunity continued to move closer to trial, after a Pennsylvania state judge rejected the firm’s summary judgment bid Monday.

  • November 25, 2014

    Driver Accuses Uber Of Illegally Checking Backgrounds

    A Boston cabdriver hit Uber Technologies with a proposed class action on Monday, alleging that the mobile app-based car service routinely violates the Fair Credit Reporting Act by using background checks without applicants’ knowledge or authorization to make hiring decisions.

  • November 25, 2014

    AMD Investor Claims CEO Stock Awards Exceed Bonus Plan

    An Advanced Micro Devices Inc. investor launched a derivative suit on Monday alleging that the board had overstepped its bounds by awarding the semiconductor maker's chief executive close to 6.5 million shares this year, more than double the amount allowed under the company's bonus plan.

  • November 25, 2014

    EEOC Tells 4th Circ. Jury Should Decide Womble ADA Suit

    Urging the Fourth Circuit to revive a suit accusing Womble Carlyle Sandridge & Rice LLP of firing an employee after breast cancer treatments left her disabled, the U.S. Equal Employment Opportunity Commission said Monday that a jury should determine whether the firing constituted discrimination.

  • November 25, 2014

    EFH Seeks Bankruptcy Court Approval For $80M In Bonuses

    Energy Future Holdings Corp. asked the Delaware bankruptcy court on Saturday to approve more than $80 million for employee bonuses in 2015, including compensation for top brass that could exceed $12.3 million under a plan “substantially similar” to a previous one approved in October over objections from the U.S. Trustee's Office.

  • November 25, 2014

    Helen Of Troy CEO Targets Board In $60M Suit After Ouster

    The founder and longtime CEO of Helen of Troy Ltd. — owner of the Revlon, OXO and Braun brands — sued the company and board members for fraud in Texas state court Monday, alleging they cheated him out of between $40 million and $60 million in separation pay and benefits after groundlessly firing him.

  • November 25, 2014

    Cozen O'Connor Falsely Cited To Secure Loans, Suit Says

    A Pennsylvania woman sued a Philadelphia private equity boutique where she was briefly employed and its counsel in state court, alleging the business and its principals duped her into lending them money for a set of real estate bills by falsely claiming that Cozen O’Connor was co-counsel on the deals.

  • November 24, 2014

    Worker Says Immigration Info Spoils 'Popcorn Lung' Verdict

    A former factory worker who lost the first “popcorn lung” case tried in California on Monday urged a state appeals court to order a new trial, saying the trial judge’s telling jurors the plaintiff is an illegal immigrant was so prejudicial it “ruins” the whole trial.

  • November 24, 2014

    MF Global Execs Seek To Tap $7.5M More In E&O Coverage

    Executives of bankrupt MF Global Inc. asked a New York bankruptcy judge Friday to give them access to an additional $7.5 million worth of errors and omissions insurance coverage for legal bills from lawsuits connected to their involvement in the company’s downfall.

  • November 24, 2014

    Lundbeck CEO Resigns In Ethics Breach Over Outside Shares

    The CEO of Danish pharmaceutical company H. Lundbeck A/S resigned on Monday after revealing he accepted shares of a biotech firm without getting board approval, a breach that was aggravated when Lundbeck invested in the firm.

  • November 24, 2014

    3 Black Friday Worries For Retailers

    Retailers have to think about more than just figuring out the best way to get shoppers into their stores on Black Friday. Ensuring the protection of customer data, managing large crowds and dealing with a possible wave of worker protests at big-box stores will be at the top of retailers' minds as the big day approaches.

  • November 24, 2014

    LabCorp Gets Worker Subclass Bids Nixed In Break Row

    A California federal judge on Monday tentatively denied certification to three putative subclasses of workers alleging Laboratory Corporation of America violated labor laws pertaining to break periods and off-the-clock work, but told attorneys he would allow more briefing before deciding the fate of two other potential subclasses.

  • November 24, 2014

    Cancer-Stricken Ex-Boss Sues Unlicensed Atty For $8M Heist

    An unlicensed Houston immigration attorney and his partners embezzled more than $8 million over the span of nine years and stole clients from a former employer, according to a complaint filed in Texas court Friday.

Expert Analysis

  • Remembering Doar: Justice As A 4-Letter Word

    Kevin J. Curnin

    John Doar ran the U.S. Justice Department's Civil Rights Division at perhaps the most chaotic and pivotal time in its history. His passing earlier this month is an occasion for lawyers everywhere to marvel at just how impactful one attorney can be. He didn’t just preside at a historic time, he calmly and coolly shaped it, says Kevin Curnin of the Association of Pro Bono Counsel.

  • NJ's Sick Leave Law May Be A Poison Pill For Restaurants

    Christina Stoneburner

    The main reason why New Jersey's proposed sick leave law may have more of an impact on the food service industry is how large and small employers are defined under it — a small restaurant may easily have upward of the necessary employees to qualify as a large employer simply because certain employees may only be available a few hours per week, says Christina Stoneburner of Fox Rothschild LLP.

  • Walgreen Case Opens Door For State Law HIPAA Claims

    Linn Foster Freedman

    Walgreen Co. recently suffered a major blow when the Indiana Court of Appeals affirmed a 2012 jury verdict for $1.4 million arising from a trial that uncovered sordid details of a pharmacist breaching a customer’s prescription information. The decision provides an avenue for plaintiffs to skirt the Health Insurance Portability and Accountability Act prohibition of a private right of action to go after the deep pockets of employers,... (continued)

  • Mass. Sick Leave Law Will Pain Small Employers The Most

    John P. McLafferty

    Compliance with recent amendments to Massachusetts' Wage Act will likely be particularly difficult for smaller employers, such as restaurants and small retailers, who may be large enough to be required to provide paid leave but who do not have the flexibility of larger employers to easily cover shifts missed by absent workers, say John McLafferty and Arielle Sepulveda of Day Pitney LLP.

  • Calif. Law Is Cause For Caution Among 'Client Employers'

    Anthony J. Amendola

    AB 1897 will make it easier for California workers to pursue claims against "client employers" and their "labor contractors" because they will not need to litigate the fact-specific inquiry of employer control and it will no longer be necessary to evaluate the degree of supervision exercised by the client employer, thereby eliminating one obstacle to class certification, say Anthony Amendola and Grant Goeckner-Zoeller of Mitchell S... (continued)

  • Obama's Immigration Action Is Cause For Celebration

    Robert S. Whitehill

    Though implementation of President Obama's announced changes to U.S. immigration policy on Nov. 20 will take some time and may be slowed by legal action or accelerated by Congress enacting immigration reform, the president's executive action will give hope and relief to millions, which is cause for celebration, says Robert Whitehill of Fox Rothschild LLP.

  • Differentiate Your Litigation Practice With Data Security

    Jennifer Topper

    Despite the significant tilt toward technology in how litigation is now conducted, many senior lawyers still delegate tech-related issues to e-discovery specialists or associates at their firms. This is a missed opportunity not just for client development, but also for shaping the way the firm and lawyer are seen in the eyes of corporate counsel, says legal industry business development specialist Jenn Topper.

  • Paper Chase: Winning The Removal Race

    Alan E. Rothman

    The First Circuit's ruling in October in a wage-and-hour dispute — Romulus v. CVS Pharmacy Inc. — broadens the type of documentation that will permit removal of a class action to federal court and provides defendants with yet another valuable tool in winning the removal race, says Alan Rothman of Kaye Scholer LLP.

  • Updating Our Understanding Of The FMLA: Part 3

    Linda Dwoskin

    The Seventh Circuit's Ballard v. Chicago Park District and Gienapp v. Harbor Crest decisions highlight the broad nature of family care leave under the Family Medical Leave Act and serve as an important reminder to employers that FMLA cases often turn on thin distinctions in the law and are significantly influenced by the specific facts in a given case, say Linda Dwoskin and Melissa Squire of Dechert LLP.

  • Factors PE Firms Must Consider To Avoid WARN Act Liability

    Brad Eric Scheler

    The District of Delaware’s recent decision in a case involving Sun Capital Partners Inc. is an important reminder to private equity firms that in order to minimize the risk of single-employer liability under the Worker Adjustment and Retraining Notification Act, it is crucial to keep in mind the five factors set out by the U.S. Department of Labor, say attorneys with Fried Frank Harris Shriver & Jacobson LLP.