In damning emails in which they allegedly discussed “cooking the books” and “fake income,” former executives of now-defunct Dewey & LeBoeuf LLP handed prosecutors evidence they needed to charge them with accounting fraud and put themselves in the difficult position of trying to explain away their own words, experts say.
A California appeals court refused Monday to revive construction companies' professional negligence and constructive fraud claims in a suit over a failed workers' compensation program, finding that a document they obtained after discovery didn't give them grounds to amend their complaint.
The state of Florida, a co-defendant, weighed in on a workers' compensation law dispute between St. Petersburg and a disabled firefighter, urging the Florida Supreme Court on Thursday to reject the firefighter's request to invalidate the statute.
A Georgia federal court last week added a new step for insurers to take before they can head to court to challenge directors and officers coverage for the Federal Deposit Insurance Corp.'s litigation over bank failures, a peculiar ruling that attorneys warned could drive up costs for insurers.
The U.S. Supreme Court on Monday declined to hear an appeal by the owner of Gristede's Foods Inc., shutting down his claim that he can’t personally be held responsible as an employer under the Fair Labor Standards Act in a $3.5 million class action settlement.
In a case of first impression, the Second Circuit ruled Wednesday that filing a charge with the U.S. Equal Employment Opportunity Commission does not toll the statute of limitations on state-law tort claims in employer discrimination suits.
A California federal court tossed out a putative class action Friday that alleged Starbucks Corp. did not pay its employees adequately for closing its stores, saying the minutes baristas spent conducting closing procedures after clocking out was too minimal to warrant the coffee giant's payment of unpaid wages.
CVS Caremark Corp. urged a California federal judge on Monday to bar 50,000 employees from pursuing penalties for allegedly unpaid overtime under the California Private Attorney General Act, arguing that trying claims from so many workers with different job titles would be unmanageable.
A New York federal judge on Monday dismissed the U.S. Equal Employment Opportunity Commission’s claim of nationwide sex discrimination by Sterling Jewelers Inc., adopting a magistrate's recommendation that the EEOC’s presuit investigation against the Kay Jewelers parent was not national in scope.
Many instances of workplace bullying don't rise to the level of illegal activity, but attorneys say that harboring an office bully could still create major problems for an employer. And with statehouses around the country mulling bills that would make workplace bullying an unlawful action on its own, employment lawyers gave Law360 their best tips for keeping your business bully-free.
A group of Lowe's Home Centers Inc. installers alleging they were misclassified as independent contractors in violation of the Fair Labor Standards Act lost their bid for class certification Monday, with a Massachusetts federal judge ruling that the workers' claims are too individualized to proceed as a group.
The Fourth Circuit on Monday expedited a case challenging the constitutionality of Virginia's ban on gay marriage, tentatively setting oral arguments for mid-May.
A District of Columbia federal judge on Thursday ordered KBR Inc. to provide documents related to its internal investigation of alleged overbilling on Iraq war contracts, saying a former KBR employee suing the company for fraud should be able to use KBR's documents to support his case.
A California federal judge on Monday tossed Cigna Health and Life Insurance Co.'s suit alleging a Los Angeles surgical center violated the Employee Retirement Income Security Act and bilked it out of millions of dollars, tentatively dismissing the health care provider's complaint because it isn't a fiduciary of the health plans that were allegedly overbilled.
Two employees of Passaic Valley, N.J.'s sewer authority were found guilty on Monday of misconduct charges stemming from allegations they directed employees to perform personal home repairs for friends and relatives while on-duty, according to the New Jersey attorney general's office.
The Second Circuit found Monday that a federal judge had erred in issuing a final dismissal of a former worker's False Claims Act suit accusing Tishman Construction Corp. and Turner Construction Co. of billing fraud on publicly financed projects including One World Trade Center, and it ordered the suit dismissed with leave to replead instead.
Newly finalized Affordable Care Act regulations that streamline the data-reporting obligations of businesses are a modest win for employers, which can now avoid some of the law's especially onerous requirements, but companies won't entirely escape administrative headaches. Here, attorneys tell Law360 four ways the latest rule revisions will impact employers.
A piece of legislation urging the Port Authority of New York and New Jersey to request and support an increase in the minimum wage for Newark Liberty International Airport workers passed a New Jersey Assembly panel on Monday.
A class of Hertz Corp. managers urged the Ninth Circuit on Monday to revive their bid for class certification in their overtime-pay suit against Hertz, arguing that the lower court was wrong to find that the employees' roles were not similar enough to litigate as a class.
The U.S. Equal Employment Opportunity Commission and the Federal Trade Commission on Monday issued joint informal guidance concerning the legal pitfalls employers may face when consulting background checks into a worker's criminal record, financial history, medical history or use of social media.
In Lawson v. FMR LLC — the first whistleblower case heard under the Sarbanes-Oxley Act — the U.S. Supreme Court recently held the law protects virtually anyone hired by a publicly traded company, or its employees, either directly or indirectly, and forbids reprisal for a huge range of fraud reports. The decision throws into doubt the Fifth Circuit's ruling last year in Asadi v. GE Energy LLC and will likely reshuffle future whistleblower opinions, says R. Scott Oswald of The Employment Group PC.
The main takeaway from the Second Circuit's recent decision in U.S. v. DHL Express (USA) Inc. is that potential False Claims Act liability attaches long after a transaction closes, regardless of the contract protections bargained for. Contractual or statutory notice requirements cannot be relied on to shift risk onto counterparties, say attorneys with Weil Gotshal & Manges LLP.
I was shocked to find that in the month of February 2014 alone there were over 100 legal opinions issued in the U.S. involving Facebook. While some of these cases were more disturbing than amusing, there were a few gems, including the case of a Florida judge who ruled against a litigant who had denied her friend request, says Dan Nabel of Greenberg Glusker Fields Claman & Machtinger LLP.
The U.S. Supreme Court's unanimous ruling in Heimeshoff v. Hartford Life & Accident Insurance Co. should add certainty to Employee Retirement Income Security Act plan administrators now that limitations on actions will be enforced uniformly throughout the country — indeed, courts have already begun to rely on the decision when enforcing similar provisions, says Michael DeWitt of Fox & Fox Law Co. LPA.
Despite the current circuit split on whether a qui tam relator must identify specific claims in order to satisfy Rule 9(b), the U.S. Department of Justice has asked the U.S. Supreme Court to deny certiorari in U.S. v. Takeda Pharmaceuticals North America Inc. But even if the court does not agree to review this case, it appears highly likely that the court will eventually be called upon to resolve the split, says Scott Grubman, an associate at Rogers & Hardin LLP and a former federal prosecutor.
In stark contrast to the changing environment for the majority of lawyers today, the evolution for the general counsel is driven less by necessity than by opportunity. Today’s GC may touch every aspect of his or her organization to solve challenges and propel the company forward, keeping the GC far ahead of what is expected of the average lawyer, says James Merklinger, vice president and general counsel of the Association of Corporate Counsel.
The Seventh Circuit’s recent decision in Titan Tire Corp of Freeport Inc. v. United Steel Workers held that an employer may not lawfully pay the salaries of former employees who are on leaves of absence and working full-time for a union. Employers within the Seventh Circuit should closely examine existing union leave policies — they should not assume that all paid union leave arrangements are unlawful, say Daniel Bordoni and Ross Friedman of Morgan Lewis & Bockius LLP.
In U.S. v. Omnicare Inc., the Fourth Circuit recently joined the growing chorus of courts that have refused to extend the reach of the False Claims Act to all manner of regulatory violations. And even though this case involved pre-Fraud Enforcement and Recovery Act conduct, the ruling also may have provided some much-needed perspective to the 2009 FERA amendments to the FCA, say attorneys with Fried Frank Harris Shriver & Jacobson LLP.
In a recent Law360 guest column, Judge Wayne D. Brazil of JAMS shares the products of his research into decision analysis and gives several reasons why it is not a reliable tool for assessing the discounted settlement value of civil cases. Without question, however, his research has misinformed him, says Marc Victor, president of Litigation Risk Analysis Inc.
According to the Pew Center on the States, state retirement systems alone were collectively underfunded by $1.38 trillion as of 2010. Without pension reform, like in Florida after Scott v. Williams, state and municipal governments will be forced to cut spending elsewhere in order to continue funding pensions at current levels, which would hurt public employees themselves through layoffs and the breaking of contracts in municipal bankruptcies, say Jonathan Rose and Richard Siegel of Alston & Bird LLP.