• September 23, 2016

    Lawmakers Question NPS Response To Sexual Harassment Claims

    Federal lawmakers questioned National Park Service officials during a hearing on Thursday about what the agency is doing in response to numerous allegations of sexual harassment and hostile workplaces in several national parks.

  • September 23, 2016

    Wells Fargo Hit With $2.6B Suit Over Scam-Related Firings

    Wells Fargo was slapped with a $2.6 billion putative class action in Los Angeles County Superior Court Thursday on behalf of the bank’s California workers who were allegedly fired or demoted for refusing to participate in the company’s recently revealed unauthorized account scam.

  • September 23, 2016

    NJ Ruling May Widen Exposure To Excessive Jury Awards

    A recent New Jersey Supreme Court decision that judges considering motions to modify jury awards should rely on the specific facts of a case as opposed to past verdicts leaves defendants vulnerable to arbitrarily determined, and possibly excessive, damage payouts, experts say.

  • September 23, 2016

    2nd Circ. Flubbed 'London Whale' ERISA Suit, Workers Say

    Current and former employees of JPMorgan Chase & Co. on Thursday asked the Second Circuit to rehear their claims that bank insiders could have prevented the $6 billion “London Whale” debacle from hurting their retirement plans, saying that the court misunderstood facts to be legal conclusions.

  • September 23, 2016

    Ex-Hockey Pro's Claims Preempted By ERISA, Insurer Says

    An insurance provider for National Hockey League players and a group of related parties sued by former Dallas Stars player Aaron Rome for allegedly mishandling a disability claim and wrongfully denying him benefits asked a Texas federal court on Friday for dismissal, saying Rome did not exhaust his administrative remedies.

  • September 23, 2016

    Pharmacy Head Seeks To End Long-Running FCA Kickback Suit

    The president of a Chicago pharmacy asked an Illinois federal judge on Thursday to dismiss the remaining False Claims Act charges brought by a former employee in a long-running suit claiming the pharmacy forgave copays while still seeking maximum reimbursements from Medicare and Medicaid.

  • September 23, 2016

    'Enough,' Frustrated Judge Tells NetJets, Pilots Union

    A Friday order by an Ohio federal court relating to a motion filed under seal in an access dispute between a Berkshire Hathaway Inc.-owned jet charter company and the pilots’ union signaled the court’s exasperation with a stream of filings via its one-word opening: “Enough.”

  • September 23, 2016

    Stay In Ex-Goldman Coder's Suit Against FBI Is Clarified

    A New Jersey federal judge clarified an opinion staying malicious prosecution claims brought by a former Goldman Sachs Group Inc. programmer who beat a federal conviction over stolen source code, saying Thursday that the accused FBI agent can raise immunity defenses pending the outcome of a related state court appeal.

  • September 23, 2016

    Davis Polk Beats Web Editor's Discrimination Suit

    Davis Polk & Wardwell LLP slipped a web editor’s discrimination suit, which claims the firm pays white workers more than nonwhite counterparts and promotes white employees but not nonwhite ones, when a New York judge found on Friday there was no evidence to support the claims.

  • September 23, 2016

    9th Circ. Asked To Rehear Ruling Obesity Is Not 'Impairment'

    A man who was denied employment by BNSF Railway Co. because of his obesity asked the Ninth Circuit on Friday to rehear its decision finding that his obesity is not an “impairment” under Montana state law, saying that the appeals court erred by overlooking and ignoring the undisputed evidence in the case.

  • September 23, 2016

    Del. Judge Threatens To Tap A Referee In PilePro Battles

    Part of a global feud between founders of a company built around construction piling patents inched ahead in Delaware’s Chancery Court Friday, with a vice chancellor acknowledging that the case has bitter out-of-court dimensions and cautioning he might call in a referee if pretrial delays mount.

  • September 23, 2016

    Texas High Court Takes Contractor's Exxon Drug Testing Row

    The Texas Supreme Court on Friday granted a request from ExxonMobil Corp. for review in a case brought by a contract worker who argues the oil and gas giant is responsible for what he says was the mishandling of a drug test by a third company.

  • September 23, 2016

    Fishermen File Human Trafficking Suit Against Ship Captain

    Two Indonesian nationals who were recruited to work in the commercial fishing industry filed suit in California federal court Thursday alleging they never received the job or wages they were promised but instead were taken to sea against their will and subjected to forced labor and horrific conditions.

  • September 23, 2016

    Lyft Drivers Fight Bid To Toss Premium Fare Surcharge Suit

    A proposed class of Lyft Inc. drivers accusing the company of imposing surcharges on certain fares urged a California federal judge on Thursday to deny the company’s bid to duck the lawsuit, saying its case is unique from one resolved by a recent $27 million settlement.

  • September 23, 2016

    EEOC Says Hospital Denied Religious Vaccine Exemptions

    An Erie hospital affiliated with the Allegheny Health Network was sued by the U.S. Equal Employment Opportunity Commission in Pennsylvania federal court Friday, over allegedly firing six employees after it denied their request for a religious exemption from the flu vaccine.

  • September 23, 2016

    Chancery Urges Charney To Lawyer Up In Hedge Fund Fight

    A Delaware Chancery judge urged ousted American Apparel founder Dov Charney on Friday to retain counsel in his fight with Standard General LP over his exit from the clothier after the entrepreneur argued he was the victim of a highly complex “Wall Street conspiracy” that stole his company away.

  • September 23, 2016

    Randstad’s $6M Wage Deal Slowed By Failure To Notify AG

    A California federal judge said Friday a $6.4 million wage-and-hour class settlement between staffing firm Randstad and nearly 28,000 temporary workers was in good shape, but said final approval could experience “considerable delay” because the parties had not yet notified the state attorney general, as required by law.

  • September 23, 2016

    Converse Workers Win Cert. In Calif. Bag Check Wage Row

    A California federal judge on Thursday certified a class of state-based Converse Inc. workers who alleged they were not paid for the time spent going through mandatory bag checks, saying the wage-and-hour claims shared common factors worthy of classwide adjudication.

  • September 23, 2016

    Jury Finds That Ex-Tech Execs Not Covered By D&O Policy

    Beazley Insurance Co. Inc. isn’t on the hook for settlements executed by a surveillance technology company's ex-directors to resolve litigation alleging the company failed to pay a business partner, a jury has decided.

  • September 23, 2016

    UnitedHealth Sheds New Mexico FCA Suit

    UnitedHealth Group Inc. dodged, at least temporarily, a False Claims Act suit brought by a whistleblower who alleged the group regularly ignored false claims submitted by its subcontractors in New Mexico, with a federal judge ruling Thursday that the qui tam lawsuit was not specific enough.

Expert Analysis

  • The Perils Of Parallel FCA Proceedings

    Tony Maida

    Parallel criminal and civil proceedings in False Claims Act cases raise important and troublesome issues for the defense, including protecting the defendant’s Fifth Amendment rights while mounting a robust defense in the civil case. But, as shown in recent decisions from the Eastern District of Kentucky and Southern District of New York, parallel proceedings may also prove challenging to the U.S. Department of Justice, say Tony Mai... (continued)

  • What Employers Should Know About New Ill. Noncompete Law

    James M. Witz

    Illinois' recently enacted Freedom to Work Act prohibits nongovernmental employers from entering into noncompete agreements with low-wage employees. The new law is part of a greater focus by state and federal governments on ensuring the mobility of low-wage workers and preventing potential abuse of noncompete agreements, say Jim Witz and Abiman Rajadurai at Littler Mendelson PC.

  • When Ambiguous Regs Preclude FCA Liability

    Taylor Chenery

    The Eighth Circuit’s opinion in U.S. v. Anesthesia Associates is the most recent in a line of cases suggesting that a provider faced with a potentially ambiguous regulation or statute can protect itself from potential False Claims Act liability by taking steps to ensure that its interpretation of the ambiguous provision is reasonable under the circumstances, says Taylor Chenery of Bass Berry & Sims PLC.

  • Wearable Device Data As Evidence In Employment Cases

    Karla Grossenbacher

    Wearable device data may be the next big thing in the world of evidence for employment cases. Given the nature of the information captured, it is easy to see how this type of data may be relevant to claims of disability discrimination, workers’ compensation and even harassment, say Karla Grossenbacher and Selyn Hong of Seyfarth Shaw LLP.

  • NLRB Grad Student Decision Extends Beyond Unionization


    Following the National Labor Relations Board's recent ruling allowing teaching and research assistants to unionize, university administrators should take note of the board's aggressive agenda toward employers. Many employment practices that have heretofore seemed common and acceptable are now not in the eyes of the NLRB, says Amy Strauss of Fisher Phillips.

  • The Yates Memo And Parallel Products Liability Litigation

    Geoffrey M. Drake

    There has been little discussion of the potential impact of the Yates Memo on parallel civil litigation — particularly product liability and other types of mass tort litigation — or of the reactionary measures that companies and their executives and other employees may be taking in response, says Geoffrey Drake of King & Spalding LLP.

  • Overhauling Law Firm Records Departments For A New Reality

    Raymond Fashola

    As automation increases, so do business challenges that impact overall law firm operations. Records departments are facing roadblocks associated with antiquated processes, ever-changing regulatory requirements, and emerging technologies. As a result, firms are reassessing the needs of their records department staffing models, says Raymond Fashola of HBR Consulting.

  • Courts Are Taking Materiality Seriously Post-Escobar

    Bradley D. Wine

    Three months after the U.S. Supreme Court's Escobar decision, we can see some trends emerging in False Claims Act decisions that may give contractors a ray of hope, say Bradley Wine and Daniel Chudd of Morrison & Foerster LLP.

  • Steps For Conducting A Successful Pay Equity Audit

     Liz S. Washko

    While laws prohibiting pay discrimination have been around for decades, recent legislative and regulatory changes have propelled pay equity into the spotlight. This renewed focus creates new challenges for compliance-minded employers that not only strive to achieve fair pay practices, but also seek to minimize the risk of pay equity claims, say Liz Washko and Lara de Leon of Ogletree Deakins Nash Smoak & Stewart PC.

  • Louisiana's Adoption Of Pro Rata Defense Cost Allocation

    Nicholas C. Cramb

    The Louisiana Supreme Court recently made its decision in Arceneaux v. Amstar Corp., holding that defense costs incurred by the insured should be allocated based on the period of coverage or self-insurance. Insurers should pay attention to this ruling to ensure that they do not agree to pay more than their pro rata share of defense expenses, say Nicholas Cramb and Lavinia Weizel of Mintz Levin Cohn Ferris Glovsky & Popeo PC.