• November 19, 2015

    UAW Says Truckers Rightly Cut From GM Contract Row

    The UAW urged a Michigan federal judge to leave intact his order cutting 150-plus truck drivers from litigation over the union’s representation of them in GM contract negotiations, saying Thursday the drivers only disagreed with the ruling and gave no basis for reconsidering it.

  • November 19, 2015

    Pa. Judge Won't Ax $47M Award In Workplace Shooting Case

    A Pennsylvania state judge has rejected motions asking that she toss a $47 million jury verdict awarded against a security company accused of negligently guarding a Kraft Foods Inc. facility in Philadelphia where two women were killed in a workplace shooting in September 2010.

  • November 19, 2015

    Objectors Want NFL Concussion Deal Expanded Further

    Former players objecting to the National Football League’s uncapped settlement for head injuries sustained as a result of football told the Third Circuit on Thursday that the deal should be renegotiated to include payments for future sufferers of a degenerative brain condition.

  • November 19, 2015

    Blankenship Jury Must Break Impasse In Conspiracy Trial

    The judge overseeing former West Virginia coal baron Don Blankenship's trial over safety at a mine where 29 workers died in an explosion ordered jurors on Thursday to continue mulling the criminal charges against Blankenship, after the jury told her they couldn't unite on a verdict after fewer than two days of deliberations.

  • November 19, 2015

    Dover Asks DC Circ. To Nix NLRB Decision Over Warning

    Dover Energy urged a D.C. Circuit panel Thursday to reverse a National Labor Relations Board finding that it illegally threatened to discipline a union grievance investigator for frivolous information requests, saying the decision blocks employers from disciplining many forms of inappropriate employee behavior.

  • November 18, 2015

    Split 5th Circ. Won't Rethink Axing Fee Award In Age Bias Suit

    A pair of Fifth Circuit judges issued a scathing dissent Tuesday in a decision by the full court not to reconsider erasing an award of attorneys' fees to a former Bell Helicopter sales manager in an age bias suit, blasting the panel's "misguided analysis."

  • November 18, 2015

    Blankenship Jury Asks Judge For Office Phone Recordings

    Jurors deliberating in the trial of former coal magnate Don Blankenship will hear his corner-office audio recordings on Thursday morning, a federal judge has ruled, as they try to decide whether he’s guilty of driving safety violations at a Massey Energy Co. mine where an explosion killed 29 people in 2010.

  • November 18, 2015

    9th Circ. Won't Intervene In MLB, Minor Leaguer Wage Suits

    The Ninth Circuit said Monday it would not intervene to split minor league wage-and-hour suits against Major League Baseball and several of its clubs that were consolidated last year, denying one group's plea that the consolidation fouled up their claims and allowed some teams to escape the litigation.

  • November 18, 2015

    Bikram, Insurers Spar Over Coverage For Rape Cover-Up Suit

    Yoga guru Bikram Choudhury on Tuesday urged a California federal judge to find that Nationwide Mutual Insurance Co. and Philadelphia Indemnity Insurance Co. must defend him in a suit alleging he fired a former legal adviser for refusing to cover up a rape allegation against him.

  • November 18, 2015

    Workers Can't Sue For Lost Wages After Conn. Plant Blast

    The Connecticut Supreme Court on Wednesday ruled that more than 40 uninjured workers who lost their jobs after a 2010 Kleen Energy power plant explosion can’t sue construction companies connected to the blast for their lost wages, saying the contractors didn’t owe them a duty of care.

  • November 18, 2015

    Nursing Home Took Serious Anti-Union Actions, NLRB Says

    A National Labor Relations Board judge on Monday found that a New York health care facility violated the National Labor Relations Act by actively seeking to discourage its employees from joining a union, an endeavor that included threats and the firing of one employee.

  • November 18, 2015

    BigLaw Takes Top Spot For LGBT Equality Policies

    BigLaw made a stellar showing among U.S. companies recognized for LGBT inclusion policies, beating out all other business areas in a report from the Human Rights Campaign Foundation released Wednesday.

  • November 18, 2015

    3rd Circ. Says Retailer Liable For Temp Workers' Bias Claims

    The Third Circuit on Wednesday ruled that a client of a temporary staffing agency can be considered an employer for Title VII claims filed by employees of the temp agency working for the client, reviving an employee’s race bias suit filed against retailer Tuesday Morning.

  • November 18, 2015

    Pa. High Court Favors Workers In Noncompete Ruling

    The Pennsylvania Supreme Court stuck to its long history of disfavoring noncompete clauses on Wednesday, saying that employers could not use what attorneys have called “magic language” that allowed for the imposition of the clauses without providing employees any benefit in return.

  • November 18, 2015

    Court Changes Conflicting Judgment In Coverage Spat

    A New York federal judge on Wednesday agreed to a Universal Photonics Inc. unit's request to amend the judgment in its case against Evanston Insurance, agreeing that the judgment conflicted with his earlier opinion that the insurer must cover its defense costs.

  • November 18, 2015

    FCA Protects Failed Whistleblowers Too, 4th Circ. Hears

    A former DynCorp International LLC employee urged the Fourth Circuit on Monday to undo a lower court’s judgment and rule he is eligible for whistleblower protections under the False Claims Act, saying the protections apply even when the underlying case fails.

  • November 18, 2015

    Vanguard Tax Fraud Suit Axed Over Attorney Ethics Breach

    A New York state judge has dismissed a suit by former Vanguard Group Inc. tax attorney David Danon claiming the investment manager has avoided more than $1 billion in federal taxes and at least $20 million in New York taxes through price manipulation, saying Danon broke ethics rules.

  • November 18, 2015

    Mich. Court Workers Tell 6th Circ. They Want Their Jobs Back

    Former employees of a Michigan state trial court on Tuesday asked the Sixth Circuit to block the state court’s attempts to delay job reinstatement, saying they’ve been stonewalled enough in the decade-old row over their allegations their termination was tied to a power struggle between two judges.

  • November 18, 2015

    Atlanta Transit Workers Denied Leave Protections, DOL Says

    For the second time in three years, Atlanta's mass transit authority has been found to have improperly and repeatedly violated workers' rights to unpaid leave for certain medical and family issues, the U.S. Department of Labor said Tuesday.

  • November 18, 2015

    Ex-Tribal Leaders Blame Chairman In Embezzlement Suit

    Former tribal leaders of California’s Paskenta Band of Nomlaki Indians leveled allegations of an armed coup against the tribe’s present chairman and his purported allies in response to the tribe’s lawsuit accusing the former officials of fraud, extortion and embezzlement.

Expert Analysis

  • 5 Takeaways From The Novartis FCA Settlement

    Gary Giampetruzzi

    If consummated, Novartis' $390 million False Claims Act settlement serves as yet another reminder of the continued enforcement focus — civil as well as criminal — on the pharmaceutical industry in the United States, and sends the clear warning that both pharmacies and pharmaceutical benefits managers are squarely in the enforcement crosshairs, say attorneys with Paul Hastings LLP.

  • A Look At The Latest In Calif. Labor Law: Part 2

    Stephen L. Berry

    The labor law that came out of the California Legislature's last session is sure to impose new burdens on and increase risks for business, particularly in the areas of independent contractor misclassification, undocumented workers and wage garnishment, say Stephen Berry and Blake Bertagna of Paul Hastings LLP.

  • The Cadillac Tax: What Hospitality Employers Need To Know

    Adam C. Solander

    The heavily unionized hospitality industry is likely to be hit especially hard by the Affordable Care Act's Cadillac Tax, but there are steps hospitality employers can take to minimize their potential liability, say Adam Solander and Brandon Ge at Epstein Becker & Green PC.

  • Sharing Economy Should Fear Calif. Ruling On Uber Driver

    Daniel H. Handman

    The summer finding by the California Department of Labor that an Uber Technologies Inc. driver was an employee entitled to reimbursement for expenses has potentially far-reaching consequences for the sharing economy, especially as legislatures across the country struggle with the definition of who is — and isn't — an employee, says Daniel Handman of Hirschfeld Kraemer LLP.

  • Forget Rule 68 — Show Them The Money

    Beth A. Levene

    The door seems likely to remain open for defendants to defeat a class action by actually providing complete relief to the named plaintiff prior to class certification — even if the U.S. Supreme Court in Campbell-Ewald Co. v. Gomez holds that merely offering complete relief under Rule 68 cannot moot a claim, says Beth Levene of Williams & Connolly LLP.

  • Timing: An Overlooked Component Of A Successful Mediation

    Nancy Kramer

    Timing is a key and underrecognized factor in a successful mediation. While the mediator rarely plays a role in deciding when to initiate a mediation process, there are other ways that mediators can influence the timing of a negotiation, says Nancy Kramer of JAMS.

  • A Look At The Latest In Calif. Labor Law: Part 1

    Stephen L. Berry

    With the passage of 18 new labor laws during the California Legislature's latest session, employers in the state will face new burdens and greater exposure on issues such as wage-and-hour, discrimination and employee leave policies, say Stephen Berry and Blake Bertagna of Paul Hastings LLP.

  • Wealth Management For Attorneys

    Stuart Riemer

    As the curtain begins to fall on 2015, it’s especially important for attorneys at firms operating on a Dec. 31 year-end to finalize their tax planning strategies. One of the biggest challenges is identifying a financial adviser who understands the unique demands facing attorneys, especially those pursing an equity partnership or who have already attained that status, says Stuart Riemer of Treasury Partners.

  • Calif. Franchise Relations Act Could Be A Game Changer

    Rochelle Spandorf

    California will notch another franchise regulatory distinction come the implementation of the California Franchise Relations Act: home to the toughest franchisee-protection law in the nation, says Rochelle Spandorf at Davis Wright Tremaine LLP.

  • For Advertising Employers, NLRA Giveth And FTC Taketh Away

    Douglas B. Mishkin

    The social media policies of employers in the advertising industry must permit what the National Labor Relations Act allows all employees to say while prohibiting what the Federal Trade Commission's endorsement guides disallow. There is no one-size-fits-all, cross-industry social media policy that can accomplish both objectives, say attorneys at Venable LLP.