• May 27, 2015

    FINRA Chief Says New Fiduciary Rule May Hurt IRA Offerings

    Financial Industry Regulatory Authority CEO Richard G. Ketchum on Wednesday joined a growing chorus of opposition to the U.S. Department of Labor’s proposal for a new fiduciary standard for retirement account brokers, saying the rule creates regulatory uncertainty that may force firms to shut down their IRA businesses.

  • May 27, 2015

    Weatherford Hit With FLSA Suit By Fracking Supervisors

    Oilfield services giant Weatherford International PLC was hit with a proposed collective action in Pennsylvania federal court on Tuesday alleging that it misclassified its service supervisors who worked on fracking sites across three states, in violation of the Fair Labor Standards Act.

  • May 27, 2015

    DOL Issues Guidance On Exec. Order For Gov't Contractors

    The U.S. Department of Labor and the Federal Acquisition Regulatory Council on Wednesday gave government contractors clues on what will be required under the Fair Pay and Safe Workplaces executive order that President Barack Obama signed last July.

  • May 27, 2015

    Ex-Clyde & Co. Atty Sues Firm Over 'Sexual Predator' Portrayal

    A former attorney at Clyde & Co. LLP alleges in a suit filed Tuesday in California federal court that a partner defamed him by calling him a sexual predator in a deposition and that the firm committed fraud during his recruitment.

  • May 27, 2015

    5th Circ. Asked To Revive FCA Suit Against Bombardier

    A whistleblower in a False Claims Act suit accusing Bombardier Inc. of scheming to resell to the military parts from crashed planes asked the Fifth Circuit to revive his case Monday, saying the trial judge failed to consider important evidence.

  • May 27, 2015

    Obama Aide Says Inaction On Fiduciary Rule Not An Option

    A top White House official on Wednesday said the U.S. Department of Labor has provided sufficient time for the industry to weigh in on new rules that would force retirement advisers to put clients' interest first.

  • May 27, 2015

    Gas Natural Must Face Cobra Pipeline's Data-Theft Claims

    An Ohio federal judge on Tuesday denied a motion to dismiss Cobra Pipeline Co. Ltd.’s suit accusing partner-turned-rival Gas Natural Inc. of illegally tracking Cobra’s trucks and workers based on the possible existence of confidential information stored on a secure website.

  • May 27, 2015

    Anapol Schwartz Wants Downs Sanctioned For False Testimony

    Anapol Schwartz asked a judge Tuesday to sanction Jeffrey Downs, the gay former attorney who unsuccessfully sued the firm for pushing Raynes McCarty to withdraw a lucrative job offer, claiming the case would never have gone to trial if not for his dishonest testimony.

  • May 26, 2015

    Unclear Liability Exclusion Doesn't Bar Coverage: Pa. Justices

    The Pennsylvania Supreme Court on Tuesday held that the employer's liability exclusion in a restaurant's umbrella commercial liability insurance policy is ambiguous and doesn't bar coverage for an injured restaurant employee's negligence suit against property owners named as additional insureds under the policy. 

  • May 26, 2015

    With New OT Regs Looming, Lawyers Advise Early Planning

    The U.S. Department of Labor's ongoing push to narrow the white collar exemptions to the Fair Labor Standards Act could bring millions more workers under the aegis of federal overtime requirements. Here, experts offer Law360 insights on how the new regulations might affect FLSA litigation and tips for how employers can prepare.

  • May 26, 2015

    BMW Beats EEOC Info Bid In Background Check Bias Suit

    A South Carolina federal judge on Tuesday rejected the U.S. Equal Employment Opportunity Commission's bid in a background check race bias case to force BMW Manufacturing Co. LLC to give a "complete answer" to a question about a spreadsheet allegedly so complex it violated a limit on discovery queries.

  • May 26, 2015

    Pension Admins Who Took Assets Now Barred, DOL Says

    A pair of medical practice proprietors accused of taking more than half the value of their employees’ pensions out of the fund after fleeing the country have been barred from administering that fund, the U.S. Labor Department said Tuesday.

  • May 26, 2015

    Retirees Fight For 6th Circ. Win In M&G Health Benefits Case

    A class of M&G Polymers USA LLC retirees told the Sixth Circuit Friday that an original injunction barring changes to their health benefits should be affirmed, after the Supreme Court vacated a ruling that they were due lifetime benefits.

  • May 26, 2015

    5 FCA Takeaways From High Court's KBR Ruling

    Targets of False Claims Act litigation beat back a grave threat on Tuesday as the U.S. Supreme Court balked at extending the law’s statute of limitations during wartime, but FCA whistleblowers also notched a rare high court victory as justices embraced copycat complaints in some circumstances. Here are five takeaways from KBR v. Carter.

  • May 26, 2015

    Attys React To Supreme Court's Wartime Limits To FCA Ruling

    On Tuesday, the Supreme Court overturned a Fourth Circuit decision and held that the Wartime Suspension of Limitations Act applies only to criminal fraud claims and not civil fraud cases, including False Claims Act suits. Here, attorneys tell Law360 why the decision in Kellogg Brown & Root Services Inc. et al. v. U.S. ex rel. Carter is significant.

  • May 26, 2015

    Mortgage Lender Can't Trim Successor Employer FLSA Row

    A New Jersey federal judge on Friday rejected a mortgage lender’s attempt to trim a suit alleging it’s liable for Fair Labor Standards Act violations by the company it acquired, saying state law allows for successor employers to be sued for unpaid overtime, not just unpaid minimum wage.

  • May 26, 2015

    9th Circ. Denies En Banc Rehearing For Amgen ERISA Suit

    The Ninth Circuit on Tuesday declined to rehear en banc its revival of a putative Employee Retirement Income Security Act class action against Amgen Inc., but the opinion did include a lengthy four-judge dissent on whether the court properly incorporated the U.S. Supreme Court’s Fifth Third Bancorp ruling into its decision.

  • May 26, 2015

    John Deere Dodges Gender Bias Suit In 8th Circ.

    The Eighth Circuit on Tuesday ruled that a John Deere Co. employee had not proven that she was denied promotions because of her gender and that she suffered retaliation for reporting the discrimination, upholding an Iowa federal court’s decision to toss the suit.

  • May 26, 2015

    Apple Gets Shareholder Suit Over Poaching Deals Halted

    A shareholder derivative lawsuit accusing Apple Inc. executives of harming the company by engaging in illegal and anti-competitive anti-poaching agreements with other tech giants has been put on ice by a California federal judge while a related state court proceeding that contains certain identical issues plays out.

  • May 26, 2015

    Wash. State Supports Seattle In Wage Row With Franchisees

    Seattle’s ordinance that increases the city’s minimum wage to $15 an hour does not violate the dormant Commerce Clause or the Washington Constitution, the state’s attorney general’s office told the Ninth Circuit on Friday in the International Franchise Association’s appeal of a decision against stalling the law.

Expert Analysis

  • And Now A Word From The Panel: The MDL Lexicon

    Alan E. Rothman

    As the Judicial Panel on Multidistrict Litigation heads to Minneapolis, Minnesota — currently home to 10 MDL proceedings — for its post-Memorial Day hearing, this month’s column recaps the March session and explores the “MDL Lexicon,” says Alan Rothman of Kaye Scholer LLP.

  • Statistical Analysis And Class Actions: Part 1

    Nathan D. Woods

    Recent legal decisions and commentary follow a growing trend among courts requiring greater scrutiny of class certification topics earlier in judicial proceedings. Under Rule 23 and the Fair Labor Standards Act's "similarly situated" threshold, courts now hesitate to presume commonality within a proposed class or collective action based on a summary result of aggregate effects, says Nathan Woods of Edgeworth Economics LLC.

  • DOL 'Best Interest' Exemption Not The Best Way To Get Sued

    Patrick C. DiCarlo

    The U.S. Department of Labor contends that the proposed best interest contract prohibited transaction exemption would allow consumers to hold fiduciary advisers accountable through a private right of action. It is not such a positive development for those who make a living by providing investment advice to plans governed by the Employee Retirement Income Security Act or the Internal Revenue Code, say Patrick DiCarlo and Elizabeth W... (continued)

  • The More Important Part Of High Court's KBR Ruling

    R. Scott Oswald

    While defendants have grabbed media attention with a victory on the wartime rule question in KBR Inc. v. U.S., Justice Samuel Alito's common-sense interpretation of the False Claims Act “first-to-file” rule is the true headline, and will affect FCA practice across a large swath of the country, says R. Scott Oswald of The Employment Law Group PC.

  • Insurance Risks Surrounding Legal Cannabis

    John G. Nevius

    For companies engaged directly in cannabis-related business, the starting point in this nascent industry is identifying the risks and rewards present. Identifying these risks, particularly for employees, doctors and dispensaries, can be difficult when insurance laws dramatically vary among the states, says John Nevius of Anderson Kill PC.

  • NY Handicap Icon May Empower Plaintiffs Under ADA

    John W. Egan

    The symbolism underlying the design of the "accessible" icon that New York adopted is unquestionably positive. However, it has created uncertainty for public accommodations that must comply with both federal and state law and may be fodder for opportunistic plaintiffs' attorneys who intend to file accessibility claims under the Americans with Disabilities Act in the future, says John Egan of Seyfarth Shaw LLP.

  • Digging Through The New Federal Rules Of Civil Procedure

    Leeron Morad

    Last month, behind the scenes, the U.S. Supreme Court quietly approved changes to the Federal Rules of Civil Procedure. Though the ultimate impact of the amendments remains to be seen, they will affect discovery and document production proceedings for both litigants and practitioners, say Leeron Morad and Andrew Bramhall of Quinn Emanuel Urquhart & Sullivan LLP.

  • NYC Employers Should Check Themselves Before Employees

    Holly H. Weiss

    In making decisions about which employees to conduct credit checks on in light of recent amendments to the New York City Human Rights Law, city employers should analyze the job responsibilities for each employee to ensure an employee's actual job responsibilities fall within one of the law's exceptions, say attorneys at Schulte Roth & Zabel LLP.

  • Power Continues To Flow Toward Calif. Plaintiffs Via PAGA

    Joshua R. Dale

    Since its enactment in 2004, California's Private Attorney General Act is clearly gaining strength as a tool for plaintiffs' employment attorneys, as evidenced by the recent suit against 99 Cents Only Stores over "suitable seating." In light of this trend, employers should aggressively preempt potential bases for claims against them over nonmonetary violations of the state labor code, says Joshua Dale of Michel & Associates PC.

  • Making The Right Call On 'On-Call' Shifts

    Lindsay A. Ayers

    As labor costs have risen in recent years, on-call shifts have grown in popularity, particularly in the food and retail industries, because they allow employers to avoid paying for excess labor during slow periods. However, employers may soon see these efficiencies evaporate in light of the evolving legal landscape relating to shift scheduling, say Lindsay Ayers and David Szwarcsztejn of Carothers DiSante & Freudenberger LLP.