• October 7, 2015

    PharMerica Inks $9M FCA Deal Over Kickback Allegations

    The U.S. Department of Justice said on Wednesday that PharMerica Corp. will pay $9.25 million to settle False Claims Act whistleblower charges that it sought and received kickbacks from Abbott Laboratories in exchange for pushing a seizure medication on nursing home patients.

  • October 7, 2015

    Urban Outfitters Agrees To Stop On-Call Scheduling In NY

    New York Attorney General Eric T. Schneiderman on Wednesday announced that Urban Outfitters Inc. has agreed to end on-call scheduling at its New York stores, the fifth major retailer to do so since the attorney general launched an April inquiry into retail workers' schedules.

  • October 7, 2015

    Ex-Graubard Miller Atty Sues Over Cut Of $72M Fee

    A former Graubard Miller partner accused the law firm Tuesday of using tactics “tantamount to extortion” to escape liability for skewing a $72 million fee award's distribution among partners, $23.5 million of which allegedly landed in a single compensation committee member's pocket.

  • October 7, 2015

    American Airlines Worker's OT Case Can't Fly Solo, Judge Says

    A California federal judge on Monday tossed the California Private Attorneys General Act claims accusing American Airlines of shorting overtime pay, finding that after denying the plaintiff class certification, those claims are simply too individualized to determine PAGA violations.

  • October 7, 2015

    Fisher & Phillips Adds 2 Partners To Houston Office

    Fisher & Phillips LLP has bolstered its Houston office with the addition of two former Jackson Lewis PC employment attorneys as part of the firm’s strategy to continue to expand its presence in Texas, the firm announced. 

  • October 6, 2015

    Anderson Kill Fights Ex-Client's $30M Employee Insurance Suit

    Anderson Kill PC urged a New York appeals panel Tuesday to reject malpractice claims arising from a former client's $30 million battle with its insurer, saying even without the firm's heel-dragging, the client wouldn't have won coverage for a fired employee's stock option grab.

  • October 6, 2015

    Ex-LA Times Writer Clashed With Bosses, Jury Hears

    An attorney for the Los Angeles Times cross-examined former sports columnist T.J. Simers about critical emails and performance reviews Tuesday in his age discrimination trial, pressing him to admit that managerial complaints about his columns long predated his departure from the paper.

  • October 6, 2015

    Celgene Can’t Limit Claims In FCA Off-Label Marketing Row

    A California federal judge on Tuesday denied a bid made by Celgene Corp. to halve the time period covered by a whistleblower’s False Claims Act suit over alleged off-label marketing of cancer drugs Thalomid and Revlimid and related kickbacks to doctors.

  • October 6, 2015

    Ex-BofA Employees Object To $8M Late Wages Settlement

    Two former Bank of America employees on Tuesday objected to the class period and class definition that are part of a proposed $8 million settlement in California state court between Bank of America and a putative class of former employees who claim their final wages were paid late.

  • October 6, 2015

    Volvo Must Face Anti-Military Bias Suit, 7th Circ. Says

    The Seventh Circuit on Tuesday revived an employment discrimination suit brought by a former Volvo Group North America LLC forklift operator who claims she was fired because she was a U.S. Army reservist with post-traumatic stress disorder, saying the plaintiff raised genuine factual issues that should be resolved at trial.

  • October 6, 2015

    High Court Won't Stay DOL Wage Rule For Home Care Workers

    The U.S. Supreme Court on Tuesday refused to stay the D.C. Circuit's recent revival of a U.S. Department of Labor rule extending Fair Labor Standards Act protections to most home care workers, paving the path for them to qualify for minimum wages and overtime.

  • October 6, 2015

    San Jose Loss Shows MLB Antitrust Immunity Is Here To Stay

    The city of San Jose struck out in its challenge to professional baseball’s long-held antitrust exemption when the Supreme Court declined to take its case, a move experts say signals the high court isn't likely to overturn the exemption anytime soon despite its antiquated reasoning and a number of cases in the pipeline.

  • October 6, 2015

    New NLRB Standard Supports FedEx Finding, DC Circ. Told

    The National Labor Relations Board asked the D.C. Circuit on Monday to let stand its finding that FedEx drivers are employees — not independent contractors — saying an unfavorable 2009 case should not apply because the board has changed its standard.

  • October 6, 2015

    Amazon Sued Again For Not Disclosing Background Reports

    A man denied a job at Amazon.com based on an allegedly inaccurate negative background report says the online retailer violated the Fair Credit Reporting Act by not warning him or allowing him to correct the record, according to a proposed class action complaint filed Tuesday in New Jersey federal court.

  • October 6, 2015

    CBS Hit With OT Suit From 'Elementary', 'Nurse Jackie' PAs

    A group of parking production assistants employed by CBS and its subsidiaries filed a fair labor standards collective action against the broadcaster on Tuesday in New York federal court, claiming they weren’t sufficiently paid for overtime hours worked guarding vehicles and blocking traffic on sets.

  • October 6, 2015

    Calif. Gov. Signs Equal Pay Law Touted As Toughest In US

    California Democratic Gov. Jerry Brown on Tuesday signed into law a bill that aims to close the wage gap in the Golden State and that supporters say has the toughest equal pay protections in the country.

  • October 6, 2015

    IBM Can't Duck Ex-Employee's Suit Over Vacation Wages

    A California federal judge on Tuesday refused to dismiss a proposed class action accusing International Business Machines Corp. of stiffing workers on vacation pay when they left the company, saying she can't take IBM's word that the plaintiffs have misstated its vacation policies.

  • October 6, 2015

    High Court Seeks Its Proper Role In DirecTV Arbitration Row

    Several U.S. Supreme Court justices took a dim view Tuesday of a California appeals court’s refusal to send a consumer class action over DirecTV's early termination fees to arbitration, but experts said the justices' questions show a high court grappling with how to balance the federal push for arbitration with states’ rights to interpret contracts.

  • October 6, 2015

    Freeport Ducks Shareholder Suit Over $35M CEO Stock Award

    Mining and energy company Freeport-McMoRan on Monday dodged a shareholder suit challenging $35 million in stock its board of directors granted to CEO Richard Adkerson, with the Delaware Chancery Court calling the shareholder’s argument unpersuasive and inappropriate.

  • October 6, 2015

    American Airlines Wants Out Of Pilots' Seniority Spat

    American Airlines Inc. asked a California federal court to dismiss it from a suit launched by a group of American Eagle Airlines Inc. pilots claiming their union discriminated against them, bumped their seniority and gave preferential treatment to Trans World Airlines pilots following American’s 2001 acquisition of TWA.

Expert Analysis

  • Carjacker’s Use Of Uncle’s Phone Implicates Business Rights

    Daniel Wenner

    A carjacking case out of a district court in Michigan illuminates a potential pitfall in the ubiquitous business practice of issuing to employees company-owned mobile phones and other devices — a pitfall with increased urgency in the wake of the Yates memo, say Daniel Wenner and Kenton Atta-Krah of Day Pitney LLP.

  • Defense Innovations In FLSA Opt-In Collective Actions

    Joseph Kernen

    To quote from Michael Lewis' "Moneyball: The Art of Winning an Unfair Game," if you challenge conventional wisdom, you will find ways to do things much better than they are currently done. Thus for defense counsel, when settling opt-in collective actions under the Fair Labor Standards Act, following the conventional wisdom isn't the best move — it isn't even uniform, say Phillip Wang and Joseph Kernen of DLA Piper LLP.

  • Tackling Intraracial, Transracial Claims Under Title VII

    Roger W. Feicht

    While intraracial discrimination claims have been consistently held as actionable under Title VII of the Civil Rights Act of 1964, the inconsistency among federal courts in their treatment of Title VII claims when there is a misperception regarding a plaintiff's race or national origin is disturbing, says Roger Feicht of Gunster Yoakley & Stewart PA.

  • A Post-Tuomey Future: Huge Stark Law Hospital Settlements

    T. Reed Stephens

    After the government's victory against Tuomey Healthcare System Inc., we have seen more large False Claims Act settlements with hospitals involving Stark Law allegations — relators are even citing as evidence of ongoing recklessness that hospital executives have been emailing articles about the Tuomey case to their staff, say Tony Maida and T. Reed Stephens of McDermott Will & Emery LLP.

  • Employment Counsel Should Keep An Eye On Rule 23

    Gerald L. Maatman Jr.

    Changes to Rule 23 by the Federal Advisory Committee on Civil Rules carry the potential for far-reaching consequences for employers. For example, relaxing the class definition requirements and standards for ascertainability in the early stages of litigation means employers facing class actions will have less information available to make educated settlement and litigation decisions, say Gerald Maatman Jr. and Alex Karasik of Seyfarth Shaw LLP.

  • 5 Things Clients Never Tell Their Lawyers


    Given the times we live in, it is almost inevitable that everyone will, sooner or later, need to consult with legal counsel. With that in mind, I thought it might be interesting to discuss a few things that clients just won't tell their lawyers, says Francis Drelling, general counsel of Specialty Restaurants Corp.

  • Responding To Calif.'s Reading Of Respondeat Superior

    Joshua R. Dale

    One way California employers can mitigate their liability for circumstances in which they are seemingly not controlling their employees, such as during commute or after a holiday party, but for which state public policy will still hold them liable under the doctrine of respondeat superior, is for employers to carry “nonowned” automobile insurance coverage, says Joshua Dale of Michel & Associates PC.

  • It Is Time For A Comprehensive Auto Whistleblower Act

    Alexis H. Ronickher

    In light of the Volkswagen AG fraudulent diesel emissions scandal, there is no defensible reason why auto whistleblowers should not have the same protections as those in other critical regulatory areas, particularly given the industry’s history of disregard for public safety and the law, says Alexis Ronickher of Katz Marshall & Banks LLP.

  • O’Bannon Is A Tie But Weighs Against NCAA In The Long Run

    Timothy L. Epstein

    While the National Collegiate Athletic Association may claim a win over not having to make payments to athletes for licensing their names, images and likenesses, that victory should be tempered by both the Ninth Circuit’s refusal to give the NCAA any level of immunity from antitrust scrutiny and the possibility of loss on appeal, says Timothy Epstein of Duggan Bertsch LLC.

  • Sizzling Developments At The NLRB This Summer

    Steven J. Porzio

    From easing the requirements for how employees can cast their vote in favor of unionization to significantly expanding the reach of its joint-employer test, the National Labor Relations Board has made significant strides toward increasing union density this summer, say attorneys at Proskauer Rose LLP.