• October 21, 2016

    Mass. Transit Worker Wins $2.6M Discrimination Verdict

    A Massachusetts Bay Transportation Authority worker who claimed she was subjected to racial taunts and discrimination won a $2.6 million verdict in Boston federal court Thursday.

  • October 21, 2016

    Health Hires: Crowell & Moring, Goodwin, Faegre

    Crowell & Moring LLP has added an Employee Retirement Income Security Act and Affordable Care Act partner in its corporate, health care, tax and labor and employment groups. Goodwin Procter LLP grew its life sciences practices through a partner from U.S. Food and Drug Administration boutique Kleinfeld Kaplan & Becker LLP, and a UnitedHealth Group attorney has joined Faegre Baker Daniels’ insurance and health practices.

  • October 21, 2016

    BigLaw Turns To Partners To Shore Up Disability Risk

    With elite partnerships seeing more midcareer rainmakers pulling down seven-figure salaries, BigLaw is asking partners to pony up for an exotic insurance product to help protect the financial health of the business in the event rainmakers are suddenly disabled, experts say.

  • October 21, 2016

    Offshore Worker Injury Suit Heads For Texas High Court

    The Texas Supreme Court on Friday agreed to hear an offshore oil and gas company’s argument it can’t be held liable under the Jones Act to a worker injured when one of its ships was undergoing major reconstructions.

  • October 21, 2016

    FedEx Drivers' $15M Wage Deal Gets Green Light

    An Oregon federal judge signed off Friday on FedEx Ground Package System Inc.'s $15.4 million class settlement with drivers who were allegedly shortchanged on wages, more than two years after the Ninth Circuit found the drivers were misclassified as independent contractors.

  • October 21, 2016

    Pa. Wage Law Bars Payroll Debit Cards, Appeals Court Says

    A Pennsylvania appeals court issued a published decision in a wage class action on Friday agreeing that a McDonald's franchisee ran afoul of state wage laws by requiring employees to accept their pay on debit cards.

  • October 21, 2016

    TSI Seeks Reversal Of $5M Trade Secrets Verdict

    Measuring instrument company TSI Inc. wants a Washington federal judge to overturn and dismiss a $5.1 million jury verdict against it that found the former A.H. Lundberg Associates Inc. customer hired away a vital Lundberg employee and stole secret wood-drying technology, saying on Thursday that there is no evidence pointing to legally protectable trade secrets.

  • October 21, 2016

    Robert Half Sued Over FCRA Violations In Background Checks

    Robert Half International Inc. is facing a proposed class action filed in California federal court on Thursday by an Ohio man who accuses the staffing agency of reporting a false felony conviction to a potential employer before he could contest it, in violation of the Fair Credit Reporting Act.

  • October 21, 2016

    DC Circ. Urged To Revive FCA Allegations Against KBR

    A whistleblower pushed the D.C. Circuit to bring back False Claims Act allegations that KBR inflated military recreational facility usage in billing for staff levels, arguing Friday that the lower court overrated evidence that the Pentagon was indifferent to the usage when deciding to pay the contractor.

  • October 21, 2016

    Celebrity Chef, Others Fork Over $1.75M To End Wage Suit

    A group of current and former tipped employees at Scarpetta restaurant in Manhattan urged a New York federal judge Friday to grant preliminary approval to a $1.75 million deal with “Chopped” judge Scott Conant and others, resolving a proposed class and collective action over the Italian eatery’s wage and tip policies.

  • October 21, 2016

    IRS Can’t Tax Non-Cash Pay, Rail Co. Tells 8th Circ.

    The federal government violated the Railroad Retirement Tax Act when it collected $75 million in taxes on stock transfers and payments made to railroad employees for signing collective bargaining contracts, Union Pacific Railroad Co. has told the Eighth Circuit.

  • October 21, 2016

    Rainmaker Q&A: Atkinson Andelson's Paul Fleck

    Early in a career life experience can be a good substitute for legal experience. Once, after I described my experience working at a bank and being involved in a takeover robbery, it was clear to the client I understood the risks in their business and how to prepare for and address these issues on a practical as well as legal level, says Paul Fleck, head of the private labor and employment practice group at Atkinson Andelson Loya Ruud & Romo.

  • October 21, 2016

    Ky. High Court Strikes Louisville Minimum Wage Ordinance

    The Kentucky Supreme Court struck down Thursday a Louisville ordinance that would gradually raise the minimum wage to $9, ruling the state’s largest city overstepped its authority by requiring businesses pay workers a rate higher than the state’s minimum wage.

  • October 21, 2016

    Ex-CBS Anchor Settles Hacking Case In Days Before Trial

    A former CBS anchor in Philadelphia has settled, in advance of a trial scheduled to start Friday, her $15 million state court suit accusing the network of failing to investigate claims her onetime co-anchor hacked her email accounts and spread information to other news outlets.

  • October 21, 2016

    Slashed FCA Award Doesn’t Justify Fees, 6th Circ. Told

    A company found to have underpaid employees on a military base services contract has no claim to $468,704 in legal fees, despite the Sixth Circuit's drastic reduction to the U.S. government's award for False Claims Act violations, the feds recently told the appeals court.

  • October 21, 2016

    NY Blood & Cancer Center To Pay $5.31M In FCA Deal

    Hudson Valley Hematology Oncology Associates RLLP will pay $5.31 million and admit to a five-year scheme in which it defrauded Medicare and Medicaid by using improper copay waivers and billing codes, New York federal prosecutors announced Friday.

  • October 21, 2016

    Blue Cross Fights Mich. Tribe's Doc Bid In ERISA Suit

    Blue Cross Blue Shield of Michigan on Thursday fought a bid by the Little River Band of Ottawa Indians to compel the insurer to disclose information about its allegedly hidden fees in the tribe’s suit claiming Blue Cross disregarded the Employee Retirement Income Security Act while administering an employee health benefit plan.

  • October 20, 2016

    Feds Appeal Block Of Obama's Transgender School Rule

    The federal government said Thursday it will lodge an appeal of a Texas federal judge’s decision to temporarily block the Obama administration’s guidance that public schoolchildren should be allowed to use the bathroom matching their gender identity at the Fifth Circuit, two days after the judge reaffirmed his August decision.

  • October 20, 2016

    Ex-TransCare Workers Get Class Cert. In Suit Over Layoffs

    A New York bankruptcy judge on Thursday certified classes of former TransCare employees who were laid off earlier this year when the private ambulance service shut its doors and have sued the company and its private equity owner, Patriarch Partners, over the abrupt terminations.

  • October 20, 2016

    Union Pacific Not Liable For Bridge Accident: Ill. Justices

    The Illinois Supreme Court on Thursday ruled that Union Pacific Railroad Co. is not liable for a demolition accident that caused a partial leg amputation of a man during the removal of an abandoned railroad bridge in Chicago in 2006.

Expert Analysis

  • Not Quite Final: The Fight Over DOL's New Overtime Rules

    L. Julius M. Turman

    While some welcome the U.S. Department of Labor’s new overtime pay requirements, others believe the revisions ignore the type of work performed in favor of doubling the salary threshold for overtime exemption. Although many employers are wondering if recent challenges to the rules will stop them from coming into force, they are advised to take necessary steps to ensure compliance, say Julius Turman and Ariana Goodell of Reed Smith LLP.

  • Trial Pros’ Secret To Courtroom Success

     Jamin S. Soderstrom

    Somewhat surprisingly, very few of the dozens of "trial pros" who have been interviewed by Law360 have revealed the secret to effective trial preparation that is vital to their success. But ultimately, the “secret” to effective trial preparation is not actually a secret, says Jamin Soderstrom of Soderstrom Law PC.

  • How Obama’s Immigration Actions Are Benefiting Employers

    Daniel P. Berner

    Since President Barack Obama’s 2014 executive actions on immigration, the U.S. Department of Homeland Security has created useful additional vehicles for foreign skilled immigrants and entrepreneurs to obtain employment authorization. While no panacea, these measures have improved certain key immigration benefits widely used by employers and entrepreneurs, says Daniel Berner of Berner Law PLLC.

  • DTSA's Reach Extended To Continuing Misappropriation

    Casey Griffith

    Recent federal court decisions in Adams Arms and TriZetto support the interpretation that any post-Defend Trade Secrets Act misappropriation — including continued misappropriation commenced prior to DTSA enactment — is subject to the DTSA. Consequently, trade secret claimants may have even easier access to federal court than previously thought, say Casey Griffith and Michael Barbee of Griffith Bates Champion Harper LLP.

  • Are Your Witnesses Watered Down?


    Look at any deposition of any witness and within a few moments you will see them reach for the water glass, bottle, carafe or pitcher and quaff with seemingly unquenchable thirst. What could possibly be wrong with that? As a trial consultant for over three decades, I am going to tell you, says Dr. Ross Laguzza of R&D Strategic Solutions LLC.

  • Re-Examining Fair Consideration For Restrictive Covenants

    Peter A. Steinmeyer

    In Reed v. Getco an Illinois appeals court recently ruled that Getco could not waive an employee's noncompete period in order to avoid paying him for a post-employment noncompetition period. In the last few years courts in multiple states have considered similar disputes and in light of this judicial climate employers have been exploring the meaning of “consideration” in the noncompete context, says Peter Steinmeyer of Epstein Becker & Green PC.

  • 1 Year After Yates Memo: The DOJ's Yates-Lite Approach

    Joan E. Meyer

    There have been no major signs of a Yates memo impact on large multijurisdictional cases. But the U.S. Department of Justice has issued significant settlements in the last year and presumably has the information included in those agreements to initiate individual prosecutions. So why haven’t we seen a significant increase? asks Joan Meyer of Baker & McKenzie LLP.

  • Preparing For Changes To Federal Appellate Rules

    Matthew J. Dowd

    On Dec. 1, 2016, several important amendments to the Federal Rules of Appellate Procedure take effect. The most impactful amendment is the shortening of the permissible length of appellate briefs, which will affect many appeals and will have a particularly significant impact on complex appeals such as patent cases, says Matthew Dowd of Dowd PLLC.

  • Are Class Actions Returning From The Verge Of Extinction?

    Joshua D. Cohen

    The Ninth Circuit recently held in Morris v. Ernst & Young that employment contracts that require employees to waive their rights to bring class actions violate the National Labor Relations Act, and are therefore unenforceable. The Ninth Circuit’s decision and a similar Seventh Circuit decision may provide a potential road map to significantly reduce the widespread use of class action waivers, says Joshua Cohen of Wendel Rosen Black & Dean LLP.

  • 5 Employer Lessons From NLRB's Chipotle Decision

    Andrew B. Prescott

    Chipotle's response to an employee’s rogue tweets recently landed the national burrito chain in hot water with the National Labor Relations Board. Significantly, it was not just Chipotle’s alleged response to this employee’s conduct that proved problematic for the restaurant, say Andrew Prescott and Jessica Schachter Jewell of Nixon Peabody LLP.