Employment

  • November 19, 2014

    Ex-Pfizer Workers Lose Benefits Bid In Suit Over Wyeth Deal

    A Pennsylvania federal judge on Tuesday refused to grant severance benefits to a proposed class of former Pfizer Inc. workers who alleged in an Employee Retirement Income Security Act suit that they were owed the benefits after an employment transfer that followed the company's $68 billion acquisition of Wyeth Pharmaceuticals.

  • November 19, 2014

    Walgreen Settles With Rival Over Poached Employees

    Walgreen Co. has resolved its lawsuit against Pharmacy Solutions Inc. over the rival pharmacy's decision to hire away managers from an Idaho business specializing in home infusion therapy that Walgreen acquired months before, according to an order issued Wednesday.

  • November 19, 2014

    NHL Says Former Players' Concussion Claims Are Too Late

    The National Hockey League on Tuesday sought to dismiss claims in the consolidated concussion litigation in Minnesota federal court, arguing that the claims by retired hockey players do not meet the statute of limitations for personal injury negligence and fraud claims in the respective states where they originally sued.

  • November 19, 2014

    Carrabba's Italian Grill Hit With OT Class Action

    Restaurant chain Carrabba’s Italian Grill required its cooks to work off the clock and did not pay required overtime wages, a proposed class action filed in a Florida federal court on Tuesday alleges.

  • November 19, 2014

    NCAA Loses Fight To Depose Ex-Hausfeld Atty On $51M Fees

    A California federal judge on Wednesday rejected the National Collegiate Athletic Association's request to depose a former Hausfeld LLP attorney who once accused the firm of improper billing, saying the NCAA didn't show how the deposition would help it fight Hausfeld's $51 million fee bid in college athletes' likeness class action.

  • November 19, 2014

    USPS Reporting Delay Thwarted Bigger Breach, Congress Told

    A U.S. Postal Service official on Wednesday pushed back at staunch criticism from a U.S. House of Representatives panel over why the agency waited two months to notify 800,000 current and former employees that their data had been compromised in a security breach, saying that alerting them any sooner would have allowed the hackers to burrow deeper into its systems.

  • November 19, 2014

    Ariz. Justices Say UTSA Only Preempts Trade Secrets Claims

    Arizona's top court ruled Wednesday that the state's version of the Uniform Trade Secrets Act doesn't preempt claims over the theft of non-trade secret information — making it the latest state court to weigh in on the muddy issue.

  • November 19, 2014

    EEOC Wants Sanctions In Food Distributor Sex Bias Suit

    The U.S. Equal Employment Opportunity Commission urged a Maryland federal judge on Tuesday to sanction a food distributor facing accusations it refused to hire women to work certain factory jobs, saying the company has failed to hand over discovery in “blatant disregard” of court-ordered deadlines.

  • November 19, 2014

    4 Lessons For Health Providers From Walgreen Privacy Ruling

    In upholding a $1.4 million verdict against Walgreen Co. last week, an Indiana appeals court became the first court nationwide to find a health care provider liable for an employee's illegal scouring of customer medical records. Here, attorneys share several lessons employers should take from the case to help them avoid a similar fate.

  • November 19, 2014

    Winstead Covered Up Think Tank Sex Scandal, Suit Claims

    Winstead PC and its former chairman were sued for malpractice in Dallas state court by a think tank that alleges the firm improperly settled a sexual harassment claim without informing the board, in a scandal that ended with the firing of the policy group’s CEO.

  • November 19, 2014

    NFL, Class Counsel Urge Approval Of Concussion Deal

    National Football League attorneys and class counsel on Wednesday pushed a Pennsylvania federal judge to approve a landmark class action settlement over concussion litigation, amid objections from certain former players and family that the deal did not properly cover a key degenerative brain disorder.

  • November 19, 2014

    Hobby Lobby Can't Block New ACA Rules, Judge Says

    An Oklahoma federal judge on Tuesday refused to require that new Affordable Care Act regulations related to birth control be proven valid under the U.S. Supreme Court’s Hobby Lobby decision before they can take effect, saying that they weren’t at issue in the high-profile case.

  • November 19, 2014

    Juice Co. Sues Ex-COO For Poaching Workers For Startup

    A raw food, juice and smoothie company accused its former chief operations officer on Tuesday of trying to steal away four top-level managers for his rival startup, alleging in New York state court that the executive offered them equity in the new venture.

  • November 19, 2014

    DuPont Hit With Two Suits After Chemical Leak Deaths

    The families of two DuPont Co. employees killed Saturday after a chemical release at the company’s plant in La Porte, Texas, filed negligence suits against DuPont in Texas state court this week and are requesting injunctions that would bar DuPont from destroying evidence.

  • November 19, 2014

    United Health Likely Can't Duck Patients' ERISA Action

    A California federal judge on Wednesday said he'd likely refuse to toss a proposed class action accusing United Behavioral Health of instituting mental health coverage assessments that violate the Employee Retirement Income Security Act, saying he needs to see more evidence before deciding whether the claims are viable.

  • November 19, 2014

    3rd Circ. Mulls ACA Contraceptive Opt-Out's Religious Burden

    A Third Circuit panel questioned Wednesday whether the First Amendment rights of religious employers, including two Pennsylvania Catholic dioceses, were substantially burdened by an Affordable Care Act provision that allows them to avoid providing contraceptive coverage to female employees while also ensuring workers get access to the services.

  • November 19, 2014

    EEOC Nominees Get Green Light From Senate Committee

    The nominations of U.S. Department of Justice attorney Charlotte Burrows for a spot on the U.S. Equal Employment Opportunity Commission and P. David Lopez for another term as the agency's general counsel moved ahead on Wednesday, winning committee approval and setting the stage for a full Senate vote.

  • November 19, 2014

    AP Says The Hartford Must Defend Personal Injury Suit

    The Associated Press and its insurer asked a New York state judge on Tuesday to compel The Hartford Casualty Insurance Co. to indemnify the AP in an underlying $4 million personal injury suit by a maintenance worker, saying that the policy’s professional exclusion policy doesn’t apply.

  • November 19, 2014

    Burlington Coat Factory Fights Class Cert. In OT Suit

    Burlington Coat Factory Holdings Inc. on Tuesday urged a New Jersey federal judge to decertify a collective action alleging its assistant store managers were misclassified as exempt from overtime wages, arguing the opt-in plaintiffs had differing job responsibilities.

  • November 19, 2014

    Web Editor Suing Davis Polk Must Cough Up Job Search Info

    A Davis Polk & Wardwell LLP website editor suing for discrimination must turn over her resumes, job applications and communications about other job offers to the law firm's defense team and cannot, for now, access private information about her co-workers' job evaluations and salaries, a federal judge ruled on Wednesday.

Expert Analysis

  • 7 Ways Retailers Can Dodge An ADA Class Action Bullet

    Kimberly Reindl

    Even if the U.S. Department of Justice takes another year to adopt specific rules governing how websites can comply with the Americans with Disabilities Act, the threat of potential class actions against retailers favors advance planning now — the foremost advantage being companies will be better positioned to negotiate a settlement knowing they have a plan and date in place for remediation efforts, say Selena Linde and Kimberly Re... (continued)

  • DOL Crackdown On Texas Employers May Come In 2015

    J. David Giddens

    Texas employers, particularly those in energy and hospitality, may be under increased scrutiny in 2015 from the U.S. Department of Labor’s Wage and Hour Division after it received an 18 percent budget increase and 2,000 additional staffers to crack down on worker retaliation in the Southwest, says David Giddens of Fisher & Phillips LLP.

  • The Evolution Of ADR: 30 Years Of Change

    Maria M. Sypek

    As our legal system evolves and we understand more about how an effective court system should function, the role of alternative dispute resolution should also shift. For example, the growth of e-discovery — and the ballooning associated costs — has further pushed the special-master trend, say former U.S. Magistrate Judge John Hughes and former New Jersey Superior Court Judge Maria Sypek of JAMS.

  • Understanding Calif.'s Nuanced Trade Secrets Law

    Laura D. Smolowe

    After Parrish v. Latham & Watkins LLP, non-California arguments or authority might not simply be rejected regarding trade secret misapporpriation — now, depending on the outcome on rehearing, a failure to appreciate state-specific nuances might be considered frivolous or even bad faith, says Laura Smolowe of Munger Tolles & Olson LLP.

  • The Legal Professions’ Curious Under-Use Of 2nd Opinions

    Judge Wayne D. Brazil

    As conscientious professionals who are required to address problems with notoriously elusive dimensions, lawyers should consider securing second opinions in a much wider array of circumstances than has been the norm, says Judge Wayne Brazil, a neutrual with JAMS and former magistrate judge in the U.S. District Court for the Northern District of California.

  • Supply Chain Management And The Alien Tort Claims Act

    Michael G. Congiu

    The Ninth Circuit's recent revival of the potential for supply chain liability under the Alien Tort Claims Act in Doe v. Nestle USA Inc. less than one year after many believed the U.S. Supreme Court effectively put an end to ATCA's use as a litigation tool to address alleged corporate human rights abuses has increased the importance of effective supply chain management, say Michael Congiu and Stefan Marculewicz of Littler Mendelson PC.

  • Don't Post, Pin Or Push Your Luck On Social Media

    Michael T. Landen

    Read together, recent case law on social media in the workplace appears to support the First Amendment right to free speech, but allows employers to terminate employees if their social media conduct reflects poorly on the employer, says Michael Landen of Kluger Kaplan Silverman Katzen and Levine PL.

  • Use Social Media For Legal Service Only As A Last Resort

    Steven Richard

    Courts remain largely skeptical about allowing litigants to serve and notify evasive parties of legal proceedings through their social media accounts. A recent split ruling by the Oklahoma Supreme Court shows the competing considerations, say Steven Richard and Britt Killian of Nixon Peabody LLP.

  • ERISA To The Rescue: Preemption Of State Law Prevails

    Douglas Darch

    The Sixth Circuit’s ruling in Sherfel v. Newson reinforces the existing interpretation of the Employee Retirement Income Security Act — state law is preempted when it subjects ERISA-governed plans to different legal obligations or requires the plan administrator to pay different benefits than the plan otherwise provides, say attorneys at Baker & McKenzie.

  • An Associate's Perspective On Business Development

    Jason Idilbi

    Let’s face it: Taking friends or acquaintances to Justin Timberlake concerts or golf at the Ocean Course is not how we as law firm associates are going to develop business. Our primary value comes not from out-of-office networking jaunts but from bearing a laboring oar for our partners. Which is why our best approach to business development is more likely from the inside out, says Jason Idilbi of Moore & Van Allen PLLC.