• December 8, 2016

    Skokie Treated Firefighters Union Unfairly, Ill. Court Says

    An Illinois appellate court has reversed a ruling by the state's labor board that gave the village of Skokie a win in contract negotiations with its firefighters union, saying the town shouldn't have sent the dispute to an arbitrator in the first place.

  • December 8, 2016

    FCA Decision Tracker: Continued Interpretations Of Escobar

    The U.S. Supreme Court’s blockbuster decision in Universal Health Services v. Escobar has shifted the False Claims Act landscape, including a range of interpretable words and phrases that have triggered debate in briefs and in the courtroom. Here, in the second of our ongoing reports, Law360 explores how courts have interpreted the ruling.

  • December 8, 2016

    Hospital Allegedly Using Sour Grapes Excuse To Ax FCA Suit

    An Illinois teaching hospital is painting an ex-resident as disgruntled to escape his False Claims Act allegations that it let surgeons bill Medicare and Medicaid for surgeries performed with assistant surgeons and physician assistants even when qualified residents could help, the whistleblower argued Tuesday.

  • December 8, 2016

    Applicant Already Settled Background Check Suit: Rite Aid

    A woman leading a proposed class action alleging Rite Aid unfairly used purchased background reports to penalize job applicants shouldn’t be allowed to pursue her claims further since she already settled with the background check provider, the pharmacy chain has argued in federal court.

  • December 7, 2016

    Jimmy John's Settles Illinois Noncompete Suit

    Sandwich chain Jimmy John’s Enterprises LLC is dropping its noncompete agreements per a settlement with Illinois Attorney General Lisa Madigan, her office announced Wednesday, about five months after the company reached a similar deal in New York.

  • December 7, 2016

    Ch.11 Structured Dismissals Come Under Fire At High Court

    The use of so-called structured dismissals to end Chapter 11 cases came under U.S. Supreme Court scrutiny Wednesday, as a group of truck drivers left out of a settlement benefiting more-junior creditors argued that a bankruptcy court impermissibly distributed bankruptcy estate assets in violation of creditor priority.

  • December 7, 2016

    White House Hails 44 New Employers On Equal Pay Pledge

    AT&T, eBay, Zillow and a bevy of other companies across a wide array of industries have pledged to help reduce the gender pay gap by running an annual compensation analysis, the White House said Wednesday.

  • December 7, 2016

    Halliburton Says Revamped Wage Suit Still A No-Go

    Halliburton Energy Services Inc. told a California federal judge that a former employee's revised wage suit should be tossed, arguing Tuesday that the amended class claims fail the same way the originals did — namely with a dearth of facts.

  • December 7, 2016

    Ill. Gov. Blocked From Implementing Union Contract Changes

    A judge in St. Clair County, Illinois, put a temporary stop Tuesday to Gov. Bruce Rauner’s imposition of new terms for a contract governing nearly 40,000 state workers in response to an American Federation of State, County and Municipal Employees lawsuit over the negotiations on the contract.

  • December 7, 2016

    Mich. Tribe, Blue Cross Both Seek Wins In ERISA Suit

    The Little River Band of Ottawa Indians and Blue Cross Blue Shield of Michigan both pushed for quick wins in federal court Tuesday in the tribe’s suit alleging the insurer violated the Employee Retirement Income Security Act by mismanaging a tribal employee health benefit plan.

  • December 7, 2016

    Chipotle Directors Duck Fat-Bonuses Suit

    A Delaware Chancery Court judge tossed an investor suit alleging fiduciary duty breaches by the board of Chipotle Mexican Grill Inc., saying Wednesday that the business judgment rule covered the restaurant chain directors' award of generous stock-based incentive bonuses to executives and the board.

  • December 7, 2016

    Time Warner Hit With Race Discrimination Class Action

    Time Warner Inc. uses opaque hiring and performance review systems that result in fewer promotions, lower pay and little role in leadership for minorities relative to their white counterparts across its networks, according to a race discrimination class action filed Tuesday in Georgia federal court.

  • December 7, 2016

    Ex-NCAA Player Can’t Appeal Partial Toss Of Antitrust Suit

    An Indiana federal judge on Tuesday refused to grant a former football player’s attempt to appeal a recently dismissed claim in his antitrust suit against the NCAA over its scholarship restrictions and transfer rules, ruling that the other claim in the suit must be adjudicated before any appeal.

  • December 7, 2016

    Arent Fox Gains Ex-Gordon & Rees Litigation Partner

    Arent Fox LLP has gained a former Gordon & Rees LLP commercial and employment partner in its San Francisco office who specializes in securities, antitrust, intellectual property and complex class actions, according to an Arent Fox press release on Wednesday.

  • December 7, 2016

    Ex-NFL Player Says Retirement Plan Abused Discretion

    Lawyers for former NFL linebacker Jesse Solomon have urged the Fourth Circuit to affirm a Maryland district court ruling that he is entitled to total and permanent disability benefits for his cognitive impairments, arguing that the judge's conclusion that his retirement plan administrator’s board abused its discretion is well-supported.

  • December 7, 2016

    Thomson Reuters Drops Bid To Enforce Noncompete

    Thomson Reuters has agreed to drop a suit seeking to enforce a noncompete agreement and block a former legal-industry products salesman from working at his new company, according to documents filed in Manhattan federal court Wednesday.

  • December 7, 2016

    DuPont Loses 3rd Circ. Bid To Pause Remand Of OT Case

    The Third Circuit on Wednesday refused to freeze a remand order while DuPont files a U.S. Supreme Court appeal of a ruling that the company’s policy of paying workers for lunch breaks did not excuse it from paying overtime for time spent donning and doffing equipment.

  • December 7, 2016

    Fed. Circ. Won't Revive Navy Analyst's Termination Suit

    A former civilian analyst who lost his security clearance and his job after bringing his own gun to a reserve officer shift lost his appeal on Wednesday when a Federal Circuit panel issued a precedential ruling that found a review board didn’t have authority to consider claims related to the clearance revocation.

  • December 7, 2016

    Swartz Campbell Says Chartwell Unfairly Tried To Take It Over

    Philadelphia firm Swartz Campbell LLC asked a Pennsylvania state court judge Monday to find rival Chartwell Law Offices LLP liable for a sweeping scheme to take over its business that went far beyond initial accusations that Chartwell usurped Swartz Campbell's Florida office.

  • December 7, 2016

    Jackson Lewis Expands In Cincinnati, Adding 7 Attorneys

    Jackson Lewis PC’s Cincinnati office is absorbing the Cincinnati labor and employment law firm Denlinger Rosenthal & Greenberg in a move that brings all seven attorneys from the latter into one of the country’s most well-known workplace law firms, Jackson Lewis said Wednesday.

Expert Analysis

  • Using Payroll Cards To Pay Employees’ Wages

    Excerpt from Lexis Practice Advisor
    Kevin E. Vance

    When advising employers on the use of payroll card programs as an alternative method of paying employees there are several considerations lawyers should adopt. Kevin Vance of Duane Morris LLP discusses key issues concerning payroll cards and best practices for establishing and maintaining a payroll card program.

  • A Banner Year For Monetary Awards Standards In IP Cases

    Ann G. Fort

    It has been an important year for all types of intellectual property cases, and particularly for standards relating to monetary awards for enhanced damages and attorney’s fees. Attorneys with Sutherland Asbill & Brennan LLP share a snapshot of leading case law and statutory developments in 2016 governing monetary awards.

  • How Employers Can Prep For New OSHA Reporting Rule

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    A Texas federal court's denial of the injunction that sought to block the nationwide implementation of the Occupational Safety and Health Administration’s new injury and illness reporting rule means that major parts of the rule went into effect last week. The rule includes several new obligations and prohibitions that employers should be aware of, say attorneys with Perkins Coie LLP.

  • DOJ Crackdown On Employee Recruiting And Compensation

    Daniel G. Swanson

    In addition to providing practical guidelines regarding application of federal antitrust laws to hiring practices and compensation decisions, recent guidance from the U.S. Department of Justice and Federal Trade Commission announces a significant shift in enforcement policies with its statement that the DOJ intends to proceed criminally against naked wage-fixing and no-poaching agreements, say attorneys at Gibson Dunn & Crutcher LLP.

  • Hitting Pause On FLSA White Collar Changes

    Kathleen Anderson

    The eleventh-hour preliminary injunction from the Eastern District of Texas against expanded coverage under the Fair Labor Standards Act is a blow to the U.S. Department of Labor, which had estimated expanded overtime coverage to more than four million additional employees, says Kathleen Anderson of Barnes & Thornburg LLP.

  • Top 10 Whistleblowing And Retaliation Events Of 2016

    Steven J. Pearlman

    This year saw significant changes to the whistleblower landscape. The most impactful events signal that whistleblower-related risks are not going away and employers need to respond by implementing several practical strategies, says Steven Pearlman of Proskauer Rose LLP.

  • What Is 'Public Interest' Under California Anti-SLAPP Law?


    Under California’s anti-SLAPP statute, a court may strike causes of action arising from defendants’ exercise of free speech rights concerning matters of "public interest." But because the statute does not define "public interest," California courts have construed it in varying ways. The California Supreme Court may soon provide guidance, say Felix Shafir and Jeremy Rosen of Horvitz & Levy LLP.

  • The Rise Of 'Wrongful Hiring' Claims

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    Employment practices liability insurance policies often cover wrongful termination claims, but they are much less likely to provide coverage for "wrongful hiring" claims, when companies provide employment favors to families with powerful connections, says Evan Bundschuh of Gabriel Bundschuh & Associates Inc.

  • Payala V. Wipro Offers Effective Class Litigation Strategy

    John Skousen

    The Central District of California case of Payala v. Wipro Technologies recently addressed the issue of whether the administrative exemption applies to certain information technology administrators. Plaintiff attorneys often attempt to amalgamate IT jobs into one class action, but can face significant difficulties when seeking class certification, says John Skousen of Fisher & Phillips LLP.

  • EEOC's New 4-Year Plan: What Employers Need To Know

    Michelle Lee Flores

    In its updated strategic enforcement plan for fiscal years 2017 to 2021, the U.S. Equal Employment Opportunity Commission added some new priorities, including issues related to complex employment structures in the 21st-century workplace, and backlash discrimination against Muslims, Sikhs and persons of Arab, Middle Eastern or South Asian descent, says Michelle Lee Flores of Cozen O’Connor PC.