Employment

  • August 26, 2016

    Ex-Dallas Stars Pro Sues NHL For Denied Disability Benefits

    Former Dallas Stars hockey player Aaron Rome has sued the National Hockey League and his insurance provider alleging they intentionally mishandled his disability claim and wrongfully denied him benefits after he sustained a career-ending injury, according to a suit that was removed to Texas federal court Friday.

  • August 26, 2016

    UNC Can't Enforce Bathroom Law Against ACLU Plaintiffs: Judge

    A North Carolina federal judge ruled Friday that the University of North Carolina cannot enforce a provision of the state's controversial bathroom law against three people suing over the policy, which requires transgender people to use bathrooms and locker rooms corresponding to the sex on their birth certificates.

  • August 26, 2016

    8th Circ. Obesity Ruling Challenged At High Court

    An overweight Kansas man who was denied a job at BNSF Railway Co. has asked the U.S. Supreme Court to review an Eighth Circuit decision that obesity is generally not a disability under the Americans with Disabilities Act, saying the justices need to clear up confusion among the circuit courts.

  • August 26, 2016

    Farm Operator Ordered To Pay $1M In H-2A Worker Case

    A U.S. Department of Labor judge on Thursday ordered the former operator of Fernandez Farms to pay more than $1 million for various violations of the H-2A visa program, including requiring H-2A workers to pay illegal kickbacks.

  • August 26, 2016

    Ga. County, DA's Office Not Joint Employers, 11th Circ. Says

    Signing off on Georgia district attorney’s office investigators’ paychecks doesn’t make a county government a joint employer with the district attorney, the Eleventh Circuit ruled Thursday in a man’s pay discrimination suit.

  • August 26, 2016

    NLRB Says Trash Co. Successor Must Bargain With Union

    The National Labor Relations Board held Friday that a Louisiana waste disposal company violated federal labor laws when it became a successor to a previous entity, rehired workers who collected garbage and refused to bargain with a union that had represented them.

  • August 26, 2016

    Judge Halves Ex-LA Sheriff's ‘Irrational’ Free Speech Award

    A California federal judge Friday denied Los Angeles County Sheriff Leroy Baca's bid for a new trial on the damages a department assistant suffered when Baca punished her for supporting a rival candidate for sheriff, but slashed the “irrational” $750,000 jury verdict in half.

  • August 26, 2016

    US Steel Gets $5.5M Verdict Chopped In Disability Suit

    A Pennsylvania federal judge on Friday significantly cut down a $5.5 million award won by a 30-year U.S. Steel Corp. employee who accused the company of firing him over a physical limitation that the employer refused to accommodate, trimming the damages to $850,000.

  • August 26, 2016

    Ugly IP Feud Results in Sanction Call For Counsel

    Witness-coaching by a New York lawyer and repeated instances of bad deposition conduct in a combative trade secrets case violated a court order and justify sanctions, a California magistrate judge said in a Thursday decision.

  • August 26, 2016

    Goldman Says Forum Issues Doom Fee Advancement Suit

    Goldman Sachs Group Inc. filed a motion to dismiss a fee advancement and indemnification suit Thursday in Delaware chancery court, saying the former executive suing the company agreed to arbitrate any issues in New York courts.

  • August 26, 2016

    EEOC Sues Car Dealership Over Anti-Medication Drug Policy

    An Arizona car dealership is accused of discrimination on the basis of disability against potential employees who take medication for conditions such as attention deficit hyperactivity disorder through its drug test policy, according to a lawsuit by the U.S. Equal Employment Opportunity Commission in Arizona federal court filed on Thursday.

  • August 26, 2016

    7th Circ. Revives ERISA Suit Over Tanked $60M Investment

    The Seventh Circuit ruled Thursday that employees of a home health care company plausibly alleged the trustee of their employee stock plan violated the Employee Retirement Income Security Act when it saddled them with a high-interest $60 million loan to buy company stock that later dropped to half its value, overturning a lower court's dismissal.

  • August 26, 2016

    Group Wants Out Of 'Irrational' ACA Birth Control Mandate

    Secular anti-abortion group Real Alternatives Inc., in its effort to overturn a court order and become exempt from providing health insurance covering contraception, told the Third Circuit on Thursday that the federal government has no rationale to impose the mandate on nonreligious organizations that ideologically oppose certain contraceptive items.

  • August 26, 2016

    Ex-Worker Urges Justices To Decline Raymours Petition

    A former employee of Raymours Furniture Co. Inc. has asked the U.S. Supreme Court to cast a cold eye on the company’s petition for review of a New Jersey court’s invalidation of an arbitration clause in its handbook, saying his age discrimination suit is a “straightforward contract formation case” decided by “black letter contract law.”

  • August 26, 2016

    Ex-Employees Look To Revive Wal-Mart Sex Bias Claims

    Nine women seeking to intervene in a sex discrimination suit against Wal-Mart urged the Fifth Circuit on Thursday to reject the retail giant's arguments that their claims have been brought too late, saying there's precedent to do so because Wal-Mart settled with the former named plaintiffs.

  • August 26, 2016

    Prof. Asks 7th Circ. To Rehear Sexual Orientation Bias Row

    A woman whose suit against an Indiana community college has become a symbol of the struggle over protections against discrimination based on sexual orientation asked the Seventh Circuit for a rehearing en banc Thursday with the support of several members of the U.S. Congress and the Equal Employment Opportunity Commission.

  • August 26, 2016

    Scrapbookers' McDermott Malpractice Suit Now But A Memory

    McDermott Will & Emery LLP on Thursday beat a suit in Ohio federal court accusing it of committing malpractice by failing to tell defunct scrapbooking giant Antioch Co. LLC to sue its directors for breach of fiduciary duty in connection with a 2003 deal that sold the company to its employees, saying the suit would have failed anyway.

  • August 26, 2016

    Perkins Coie Nabs Ex-Stoel Rives Employee Benefits Pro

    A former Stoel Rives LLP partner with experiencing advising employers on the legal issues associated with health and welfare benefit arrangements for their employees, including compliance with the Affordable Care Act and the federal tax code, has joined Perkins Coie LLP in its Seattle office as partner.

  • August 26, 2016

    FCA Attys Clash Over Escobar Test For Implicit Compliance

    False Claims Act attorneys are deeply split over a crucial section in the U.S. Supreme Court's Escobar ruling, debating whether its test of implicit statements about regulatory compliance is mandatory and how the test should be applied.

  • August 26, 2016

    Texas' C&J Energy Sues Ex-VP Who Left For Competitor

    C&J Energy Services Ltd. on Thursday filed a lawsuit in Houston against its former senior vice president and general manager, telling the court it needed immediate intervention to prevent the former employee from divulging its trade secrets to his new employer — a direct competitor where he now holds a similar leadership position.

Expert Analysis

  • Defining Attorney-Client Relationships In The Electronic Age

    Elizabeth Fitch

    As technology has advanced, the ways in which attorneys communicate with clients, potential clients, former clients and the public has created new and ill-defined issues relating to whether an attorney-client relationship exists. Attorneys Elizabeth Fitch and Theodore Schaer discuss the often nebulous yet hazardous concepts that could lead to malpractice issues.

  • State Of Texas Legal Market: It Isn’t Just About Oil

    Geoff Schuler

    Some market watchers believe that law firms with significant energy-related practices have experienced precipitous declines in revenue and profits due to the dip in oil prices. Yet, firms continue to be bullish on Texas, and those still looking for a point of entry will jump at the right opportunity, say consultants with LawVision Group LLC.

  • End-Of-Summer Recap For Government Contractors

    Daniel S. Koch

    It’s been a busy summer for government contractors, with a torrent of regulatory changes and even a U.S. Supreme Court decision interpreting small business regulations. There are six key developments that every government contractor should know about before charging into the fiscal year-end frenzy, says Daniel Koch of Miles & Stockbridge PC.

  • Considerations When Invoking The Defend Trade Secrets Act

    Nicholas J. Boyle

    Prior to its enactment in May, many questioned the need for the Defend Trade Secrets Act of 2016. However, the DTSA is now law, and it is time to consider how the statute as enacted affects a trade secret owner’s litigation decisions, say Nicholas Boyle, Christopher Manning and Richard Olderman at Williams & Connolly LLP.

  • 4 Reasons Law Firm Business Development Initiatives Fail

    Adam Donovan

    By understanding four common reasons why law firm business development initiatives fail, we can more accurately define success, avoid pitfalls, and improve return on investment, says Adam Donovan, senior manager of patent business strategy at Fish & Richardson PC.

  • More Restrictions On Physician Noncompetes Ahead?

    Lisa A. Zaccardelli

    Recently, several states have followed the trend toward constraining the use of restrictive covenants in agreements with medical practitioners. Although the specific language in the new statutes differs, they all limit employers’ ability to craft restrictive employment contracts, shifting negotiating power back to doctors, say attorneys at Hinckley Allen & Snyder LLP.

  • Exploring The Limits Of The At-Will Employment Doctrine

    Laura Lawless Robertson

    In jurisdictions where the at-will employment doctrine is recognized, employers are advised to zealously protect this right, including disclaimers in employee handbooks and other employment documents. But two recent federal appellate decisions out of the Fifth Circuit and Ninth Circuit suggest that even this hallowed doctrine is not without its limits, says Laura Lawless Robertson at Squire Patton Boggs LLP.

  • How DOL's New Overtime Rules Will Impact Domestic Workers

    Kathleen Webb

    Changes to the U.S. Department of Labor's overtime rules rolling out over the next several months will increase the number of domestic workers in the United States who are eligible for overtime pay. Some critics say these new rules will actually make workers in this group more vulnerable, but overall the rules have been cast in a positive light by advocates for domestic workers, says Kathleen Webb, co-founder of HomeWork Solutions Inc.

  • The Psychological Edge Of Relieving Stressed Jurors

    Roy Futterman

    To guide overwhelmed jurors toward a calm, logical defense verdict in a high-stakes case, an attorney can apply the same psychological techniques that were developed in the treatment of substance abuse, says Dr. Roy Futterman, a clinical psychologist and director at DOAR Inc.

  • From BigLaw To Your Own Firm: 4 Tips For Legal Startups

    Russell Shinsky

    Highly successful attorneys who are thinking about leaving the safe haven of a large law firm to go out on their own face a number of issues specific to the legal profession. Russell Shinsky, chairman of Anchin Block & Anchin LLP's law firms industry group, shares four pillars of a successful startup law firm.