• September 19, 2014

    Detroit Council OKs $50M Regional Water Authority Plan

    The Detroit City Council on Friday signed off on two crucial agreements tied to the city's Chapter 9 restructuring plan, one creating a regional water authority that will bring in $50 million over the next 40 years and the other resolving bond insurer Syncora Holdings Ltd.'s objections to the plan.

  • September 19, 2014

    7th Circ. Says Doctor Group Lacks Standing In ACA Tax Suit

    The Seventh Circuit on Friday affirmed a lower court's ruling to toss the Association of Physician and Surgeons' challenge to the Internal Revenue Service decision to implement the Affordable Care Act's individual mandate tax without the employer mandate this year, blasting the group for its expansive and unsuccessful standing argument.

  • September 19, 2014

    Insurers Needn’t Cover Delphi’s Self-Insured Cos.: 2nd Circ.

    The Second Circuit on Friday said two insurers don’t have to assume worker’s compensation liabilities from formerly bankrupt auto parts giant Delphi Corp., now known as DPH Holdings Corp., saying their policies don’t cover the company’s self-insured entities in Michigan.

  • September 19, 2014

    Pret A Manger Gets Approval For Don-Doff Wage Deal

    A New York federal judge on Friday greenlighted Pret A Manger (USA) Ltd.'s $910,000 settlement with a class of more than 4,000 workers in New York who claimed the sandwich chain cheated them of pay for the time it took to put on their uniforms. 

  • September 19, 2014

    Fish & Richardson Litigator Moves To Polsinelli In Dallas

    Polsinelli LLP hired a longtime Fish & Richardson PC litigator who specializes in trade secret theft cases and wage-and-hour disputes to join its labor and employment and commercial litigation practices in Dallas, the firm announced Friday.

  • September 19, 2014

    Ex-Vanderbilt Worker Class Certified In WARN Act Suit

    A Tennessee federal judge has certified a class of former Vanderbilt University Medical Center workers who claimed they received insufficient notice of layoffs, rejecting the university’s argument that two groups of employees laid off at different times couldn't be combined to allow a claim under the Worker Adjustment and Retraining Notification Act.

  • September 19, 2014

    CVS Escapes EEOC Suit Over Severance Pact

    An Illinois federal judge on Thursday dismissed a U.S. Equal Employment Opportunity Commission lawsuit that alleged that CVS Pharmacy Inc.’s employee separation agreement restrains employees’ rights to file discrimination charges.

  • September 19, 2014

    Hillshire To Pay $330K To Settle Anti-Male Bias Claims

    Hillshire Brands Co. on Thursday settled U.S. Department of Labor claims it discriminated against 2,474 male applicants, while receiving millions in government contracts, and agreed to pay $330,000 and to offer 73 of them jobs.

  • September 19, 2014

    USAID Contractor Seeks To Revive Suit Against US In DC Circ.

    A U.S. Agency for International Development contractor who was imprisoned in Cuba for his pro-democracy work urged a D.C. Circuit panel on Friday to resurrect his negligence claims against the federal government, claiming it shouldn't be immune from paying damages.

  • September 19, 2014

    Securitas Guard Vacation Pay Class To Be Certified

    A California federal judge on Thursday said he would give early certification to a class of Securitas Security Services Inc. guards alleging the company’s vacation pay policy is essentially a bonus program in disguise, tasking the parties to agree on a class definition.

  • September 19, 2014

    Gov't Says Doctors Group Misrepresents FCA Allegations

    The federal government on Thursday hit back at IPC The Hospitalist Co. Inc.’s attempt to escape a whistleblower suit accusing the company of overbilling Medicare and Medicaid, telling an Illinois federal court that IPC had misrepresented its complaint in a bid to dismiss the case.

  • September 19, 2014

    Del Monte Blames $10M Tomato Harvest Loss On Staffing Co.

    A staffing company caused $10 million in losses when it failed to provide Del Monte Fresh Production Inc. with enough workers during the peak of the tomato harvest, according to a complaint filed Thursday in Florida federal court.

  • September 19, 2014

    Kuwaiti Contractor Gets FCA Claims Trimmed To $40M

    A California federal judge trimmed $25 million from a False Claims Act suit brought against Kuwaiti contractor The Public Warehousing Co. but kept $40 million worth of claims, saying a whistleblower adequately alleged that the company deliberately overcharged the U.S. military under logistical support contracts in Iraq and Kuwait.

  • September 19, 2014

    FCA Free Speech Defense Tested In DOJ-PhRMA Fight

    A fiery feud in California federal court between the U.S. Department of Justice and Pharmaceutical Research and Manufacturers of America shows the gloves are finally off in a fight that will shape the future of False Claims Act litigation, experts say, with opposing sides clashing over whether the First Amendment always shields honest off-label promotion.

  • September 19, 2014

    Jewel-Osco Slams EEOC's Backing Of Contempt Proposal

    Supermarket chain Jewel-Osco urged an Illinois federal judge to reject a magistrate judge's recent report recommending it be held in contempt for violating a consent decree by failing to accommodate disabled workers, saying the U.S. Equal Opportunity Employment Commission fell short of proving the report used the correct legal standard.

  • September 19, 2014

    Axioma Must Disclose Source Code In Trade Secrets Battle

    Investment risk-metrics company Axioma Inc. must disclose additional source code versions in a trade secrets suit brought by competitor MSCI Inc. that claims former "faithless employees" schemed to pilfer its technology, a New York state appeals court ruled Thursday.

  • September 18, 2014

    Texas Firm Branscomb Snags Ex-Bracewell Employment Pro

    Branscomb PC has lured an attorney from Bracewell & Giuliani LLP with expertise defending employers in discrimination disputes and drafting employee handbooks to boost its labor and employment team in San Antonio, the firm announced this month.

  • September 18, 2014

    McKinsey Consultants Settle Row Over Defections From Rival

    Turnaround firm AlixPartners LLP and a pair of former employees who defected to a McKinsey & Co. unit settled on Thursday their dispute over whether the departed consultants stole trade secrets and breached employment contracts on their way out the door.

  • September 18, 2014

    Boeing Beats Worker Asbestos Suit In Wash. High Court

    The Washington Supreme Court on Thursday found that a state law prevents the estate of a former Boeing Co. worker from suing the aircraft maker for his mesothelioma, finding that the plaintiffs hadn't shown that Boeing knew the injury would certainly occur.

  • September 18, 2014

    NY AIG Ruling Shifts Workers' Comp Fights Back To Calif.

    American International Group Inc. can't force businesses into New York arbitration over side agreements governing California workers' compensation insurance, an Empire State appellate court has found, a ruling experts say gives employers a stronger hand in policy payment fights by shifting the playing field back to a state where the law is considered more friendly to policyholders.

Expert Analysis

  • Breaking Down California’s New Sick Pay Law

    James P. Baker

    The fourth time was the charm. In three prior years, California legislative committees have tried to pass a statewide sick leave bill. This year, on Sept. 10, the Legislature was finally successful. Employers with California employees need to take a magnifying glass to their policies, say attorneys at Baker & McKenzie.

  • Criminal Division Wants In On FCA Whistleblower Complaints

    Christopher Wray

    Now that an early criminal review by the U.S. Department of Justice will be standard operating procedure in every whistleblower matter — in addition to potentially concurrent review by criminal assistant U.S. attorneys in the district where the qui tam action is filed — False Claims Act defendants may face a greater threat of prosecution, say attorneys with King & Spalding LLP.

  • NLRB's 'Joint Employer' Test Will Rewrite Labor Law

    Matthew D. Austin

    The National Labor Relations Board's changing of the legal definition of joint employer with respect to franchisees and franchisors is just one small part of the board's larger goal — intentionally erasing the line between legal entities in most industries, says Matthew Austin of Roetzel & Andress.

  • The State Of America's Home Health Care Workers In 2014

    Joseph A. Carello

    The U.S. Department of Labor's narrowing of Fair Labor Standards Act exemptions for home health care workers will likely have a significant economic impact not only on home care agencies and their workers, but also on consumers and government agencies at the local, state and federal levels that provide funding for home care work, says Joseph Carello of Nixon Peabody LLP.

  • Apple Class Certification Will Affect All Tech Companies

    Ian C. Schaefer

    The greatest impact of the recent class certification in Felczer v. Apple Inc. may be in emboldening other lawyers to sue technology companies and use this case as a blueprint — other companies should expect suits with similar claims, theories, discovery, experts and trial plans, say attorneys at Epstein Becker Green LLP.

  • White House Continues Push For Contractor Labor Rules

    Susan Cassidy

    Two recent executive orders impose significant compliance burdens on contractors. The duty to self-report labor violations is likely to present attractive grounds for bid protests. It also could spur additional litigation from workers who become aware of violations for the first time as a result of these disclosures, say attorneys with Covington & Burling LLP.

  • Differing, Changing Pleading Standards For FCA Suits

    Jonathan Feld

    Two recent decisions — U.S. v. Momence Meadows Nursing Center Inc. and U.S. v. Planned Parenthood — highlight the difference among circuits in the way they treat False Claims Act actions. While some courts are raising the bar on qui tam pleadings, other courts are making it easier to bring suit under the FCA, says Jonathan Feld of Dykema Gossett PLLC.

  • Brace For This Brief's Impact On The Supreme Court

    James H. Wendell

    SCOTUSblog founder Thomas Goldstein's no-party, no-argument amicus brief in M&G Polymers USA LLC v. Tackett is likely the first of its kind before the U.S. Supreme Court, making it one of the more intriguing developments of the upcoming term. It can demonstrate the power of a data-centric argument, says James Wendell of Riddell Williams PS.

  • Texas High Court Stays Course On Restrictive Covenants

    David M. Gregory

    The Supreme Court of Texas' decision in Drennen v. Exxon Mobil Corp. approved an alternative approach for employers to garner periods of noncompetition from prior employees and continues the court’s recent trend toward broader enforcement of restrictive covenants, says David Gregory of Locke Lord LLP.

  • ACA Tax Subsidy Dispute May End Up Before High Court

    J. Peter Rich

    Given the political composition of the D.C. Circuit as it prepares to hear Halbig v. Burwell en banc, it is expected that the full court will rule in favor of the government, which may ultimately result in appeal to the U.S. Supreme Court, say J. Peter Rich and Lauren D'Agostino of McDermott Will & Emery LLP.