Employment

  • November 21, 2014

    SEC Grows Global Whistleblower Empire As Bounties Boom

    The sun never sets on the U.S. Securities and Exchange Commission’s whistleblower program. But judging from fresh data about tips the agency receives from around the world, if you are an SEC whistleblower seeking a potential payday, chances are you’re from the Sunshine State.

  • November 21, 2014

    Dems Scramble To Renew Aid For Trade-Displaced Workers

    Sen. Sherrod Brown, D-Ohio, introduced legislation late Thursday to extend a program providing training to workers whose jobs are eliminated by foreign trade flows, lining up with his democratic colleagues in the U.S. House of Representatives to save the measure from expiration at year's end.

  • November 21, 2014

    Regulators Closing In On Final Incentive Compensation Rule

    Federal financial regulators hope to have a rule limiting incentive-based compensation at financial institutions completed in the near term, Comptroller of the Currency Thomas Curry said on Friday.

  • November 21, 2014

    SoulCycle Ban On Ex-Worker's Atty Unlawful, Suit Says

    SoulCycle LLC violated New York and California anti-retaliation law when it banned an attorney and SoulCycle patron from its premises for pursuing a proposed class action accusing the indoor cycling fitness chain of stiffing instructors on wages, according to a suit filed Thursday.

  • November 21, 2014

    Ill. High Court Sinks False Claims Suit Over Gas Rate

    The Illinois Supreme Court on Thursday threw out a whistleblower state False Claims Act suit alleging a natural gas utility had fudged safety records to back a rate increase, finding that the state utilities regulator — and not the courts — has jurisdiction over the dispute.

  • November 21, 2014

    Texas Top Court: Worker Who Lost Hand Can't Sue Insurer, Yet

    The Texas Supreme Court ruled Friday that a worker who lost his hand operating a tortilla press can’t sue Essex Insurance Co., because direct actions against insurers are prohibited in Texas until it has been established that an insurer has a legal obligation to pay damages to an injured party. 

  • November 21, 2014

    AutoZone Says Attys Schmoozed With Jury For $185M Verdict

    Legal counsel for a former AutoZone Stores Inc. manager consorted with a member of a California jury before it awarded the client an unprecedented $185 million punitive damages award and then invited the entire jury out for drinks afterward, AutoZone said in a bid for mistrial Thursday.

  • November 21, 2014

    GOP Hits Obama With Long-Awaited ACA Lawsuit

    The Republican-controlled U.S. House of Representatives on Friday filed a long-awaited lawsuit against the Obama administration challenging delay of the Affordable Care Act’s employer mandate and government payments to health insurance companies under the law.

  • November 20, 2014

    Obama Announces Bold New Immigration Actions

    President Obama on Thursday said he would take executive action to allow certain undocumented immigrants with children to remain in the U.S., while beefing up border security and making it easier for highly skilled workers and graduates to stay in the country.

  • November 20, 2014

    Prime Healthcare Can't Slip $50M Medicare Billing FCA Suit

    A California federal judge on Thursday rebuffed Prime Healthcare Services Inc.’s bid to dismiss a False Claims Act suit alleging the hospital group overcharged Medicare and Medicaid over $50 million by falsifying admissions information, accepting a government statement that the allegations weren’t public before the suit was filed.

  • November 20, 2014

    Dr Pepper Urges 9th Circ. To Overturn Age Bias Verdict

    Dr Pepper Snapple Group Inc. on Thursday urged the Ninth Circuit to overturn a $1.7 million judgment awarded to an older truck driver who alleged managers assigned him strenuous tasks with the intent to injure and replace him, saying the judge wrongfully kept crucial evidence from jurors.

  • November 20, 2014

    Wal-Mart Workers Plan Black Friday Strikes

    Scores of Wal-Mart Stores Inc. workers and supporters have vowed to organize more than 1,500 protests on Black Friday, calling on the retail giant to raise its minimum wage to $15 per hour and provide full-time work to employees.

  • November 20, 2014

    Ariz. Deepens States' Rift On UTSA Preemption

    The Uniform Trade Secrets Act is more than three decades old, but a ruling in Arizona this week highlights the fact that the various states that have adopted it are still split over a sticky question: whether the act preempts all other claims of information theft.

  • November 20, 2014

    Detroit Ch. 9 Empowers Cities To Tackle Soaring Pensions

    The city of Detroit’s emergence from bankruptcy with significant concessions from its retirees offers renewed hope for municipalities across the country to address the accounting gimmickry used to avoid confronting huge employment-related liabilities, experts said at a panel discussion Wednesday.

  • November 20, 2014

    8th Circ. Denies Rehearing On $5.8M Tyson Don-Doff Award

    A divided Eighth Circuit on Wednesday declined a rehearing bid and let stand a $5.8 million judgment awarded to a class of Tyson Foods Inc. employees in a compensation dispute over the time they spent putting on and taking off protective gear.

  • November 20, 2014

    Ex-CEO Of Massey Coal Pleads Not Guilty In Mine Blast

    Ex-Massey Energy Co. CEO Don Blankenship reportedly pled not guilty in West Virginia federal court Thursday to criminal charges of spurring on the safety failures found to have killed 29 miners in a 2010 explosion and of lying to the U.S. Securities and Exchange Commission.

  • November 20, 2014

    Pa. High Court Won't Let State Close Health Centers

    The Pennsylvania Supreme Court on Thursday granted a Service Employees International Union affiliate’s bid for a preliminary injunction stopping the state from closing 26 community health centers, saying it was necessary to prevent immediate and irreparable harm.

  • November 20, 2014

    IRS Loses Bid To Squash Whistleblower Award Claim

    The U.S. Tax Court on Thursday ruled a tax whistleblower can continue to seek an award for helping the Internal Revenue Service collect more than $844,000 and told the IRS it must gather more evidence to demonstrate why the whistleblower isn't entitled.

  • November 20, 2014

    Fluor Strikes Deal With Contractor In $17M Hot Shower Suit

    Fluor Intercontinental Inc. reached a confidential settlement with a worker who won $17.3 million in a suit that alleged he was severely burned by showers at a compound in Baghdad, leading a Texas appellate court on Wednesday to reverse and render a take-nothing judgment.

  • November 20, 2014

    Exxon Retirees Win $4M For Financial Co.'s Mismanagement

    A Financial Industry Regulatory Authority arbitration panel ordered Houston-based wealth management firm U.S. Capital Advisors LLC Monday to pay $3.8 million to 19 retired Exxon Mobil Corp. employees, who alleged the firm had mismanaged their retirement savings accounts.

Expert Analysis

  • 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 docementation 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.

  • Does Dodd-Frank Protect Foreign Whistleblowers?

    Matthew K. Edling

    In Liu v. Siemens, the Second Circuit upheld a ruling from the Southern District of New York, concluding that Congress did not envision the Dodd-Frank Act protecting foreign whistleblowers. Neither Liu court, however, attempted to reconcile this conclusion with the fact that Dodd-Frank governs violations of the Foreign Corrupt Practices Act — a definitively extraterritorial law, say Matthew Edling and Ben Fuchs of Cotchett Pitre & McCarthy LLP.

  • Novartis FCA Case Reaffirms Importance Of Company Policies

    Michael Loucks

    To the extent other courts adopt the New York federal court's analysis in U.S. v. Novartis Pharmaceuticals Corporation, the collateral consequence of an employee breach of internal policy or industry code of ethics and a corporate failure to appropriately sanction those employees could yield adverse consequences in the event of follow-on federal False Claims Act litigation, say attorneys with Skadden Arps Slate Meagher & Flom LLP.

  • The Print Room: How To Spend Less And Get More

    Senthil Rajakrishnan

    Our estimates indicate that some law firms spend up to $8,000 per attorney each year on print-related costs. Although we live in a digital world, hard copy printing will remain an important part of business for years to come. Changing technology, however, offers opportunities to improve efficiencies and save money, say Senthil Rajakrishnan and Ryan Mittman of HBR Consulting LLC.

  • How Hotels Can Protect Their Proprietary Information

    David Tryon

    Storing customer contact information on the “cloud” and employees’ personal devices potentially renders the information unprotectable, unless you have clear, written policies on data usage on those devices and on social media. However, there is a better approach, says David Tryon of Porter Wright Morris & Arthur LLP.

  • Updating Our Understanding Of The FMLA: Part 2

    Linda Dwoskin

    While the Family Medical Leave Act allows an employer to require various medical certifications to support an employee’s request for leave — or return from that leave — understanding what documents may be required and what an employer may do with those it finds insufficient or incorrect is critical to avoiding FMLA liability, say Linda Dwoskin and Melissa Squire of Dechert LLP.

  • Dewey Partner Clawback Ruling May Hurt New York Law Firms

    Evan C. Hollander

    Unless the recent ruling in the Dewey & LeBoeuf LLP bankruptcy case is overturned on appeal or the New York Legislature amends the state’s fraudulent transfer and partnership laws, partners of New York firms will bear greater risk if their firms fail than will members of many non-New York partnerships. This risk factor might even affect decisions by prospective lateral partners about which firms to join, say attorneys with Arnold & Porter LLP.