Employment

  • July 26, 2016

    Disney Unit Pleads Guilty In Harrison Ford's 'Star Wars' Injury

    Disney-owned British production company Foodles Production admitted on Tuesday to two health and safety violations related to the filming accident on set of "Star Wars: The Force Awakens" that badly injured Harrison Ford.

  • July 26, 2016

    Birth Control Mandate Limited To Religious Groups, HHS Says

    The U.S. Department of Health and Human Services told the Third Circuit on Monday that a secular anti-abortion nonprofit shouldn’t be exempt from providing health insurance covering contraception, arguing that a lower court rightly ruled that the group is not a religious organization and isn’t losing any fundamental rights.

  • July 26, 2016

    CFTC Hands Out Modest Fourth Whistleblower Award

    The Commodity Futures Trading Commission announced Tuesday that is has given out its fourth whistleblower award to a tipster who provided information that led to a major enforcement action.

  • July 26, 2016

    5th Circ. Again Will Not Resurrect Plane Parts FCA Suit

    The Fifth Circuit on Monday again declined to revive a would-be whistleblower’s suit accusing government contractors such as Northrop Grumman Corp. and Bombardier Inc. of reusing aircraft parts from a crashed plane, finding he still failed to sufficiently plead his allegations. 

  • July 26, 2016

    Girardi Says Ex-Client Can’t Support Delay Of Fraud Claims

    Girardi Keese Law Firm on Monday urged a California federal court to dismiss an ex-client’s claims that the firm skimmed millions from a $130 million Lockheed Martin settlement, arguing the claims are not only long since time-barred but the ex-client has no solid reason for why they are so late.

  • July 26, 2016

    DOL Blasts Insurer's Challenge To Fiduciary Rule Exemptions

    The U.S. Department of Labor has shot back in Kansas federal court at an insurance agency’s bid to nix exemptions to the department’s new fiduciary rule for financial professionals advising retirement accounts, saying an injunction would prolong ongoing harm to retirement investors.

  • July 25, 2016

    Zales Can't Use 9th Circ. Decision To Decertify OT Class

    A California federal judge on Monday refused to partially decertify a class of current and former Zales Delaware Inc. employees on overtime claims, saying the jewelry chain's bid to leverage a recent Ninth Circuit ruling addressed the merits of the case, but not the merits of the class.

  • July 25, 2016

    Merit Board Appeal Precedent Stands, DC Circ. Finds

    When the Merit Systems Protection Board dismisses a so-called "mixed case" for a lack of jurisdiction, the appeal must be made to the Federal Circuit, the D.C. Circuit said Friday, finding that precedent wasn’t overruled by a 2012 U.S. Supreme Court decision.

  • July 25, 2016

    DuPont Urges 5th Circ. To Nix FCA, Retaliation Suit

    DuPont Co. told the Fifth Circuit on Monday that claims that it retaliated against a former DuPont safety operator in a False Claims Act suit accusing it of not reporting carcinogen leaks at a plant should be dismissed since his claims were not the types that would qualify as "protected activity" under the law.

  • July 25, 2016

    Ex-Citibank Worker Who Brought Down Networks Gets 21 Mos.

    A former Citibank employee was sentenced Monday to 21 months in prison by a Texas federal judge for freezing most of Citibank’s networks across North America in 2013, prompted by an urge to “wake the upper management up,” as he’d later text a coworker.

  • July 25, 2016

    Mass Tort Atty Says Firm CEO Bought Plane, Skipped Bonuses

    A former Bailey & Galyen attorney sued the firm in Houston state court Friday alleging he was shorted on agreed-upon bonuses for bringing in mass tort cases while the firm’s CEO lived large by buying vacation homes and a plane with proceeds from their cases.

  • July 25, 2016

    Otsuka Asks 6th Circ. For Relief From Abilify FCA Suit

    Otsuka America Pharmaceutical Inc. on Friday urged the Sixth Circuit not to revive a whistleblowers’ False Claims Act suit regarding off-label promotion of the antipsychotic drug Abilify against it and Bristol-Myers, arguing the relators never specified what false statements Otsuka made and that the suit doesn’t meet the FCA’s first-to-file bar.

  • July 25, 2016

    Penn State Slams Ex-Leader's Disparagement Suit At Hearing

    A Pennsylvania state judge heard arguments Monday that the Penn State University president ousted following Jerry Sandusky’s sex abuse indictment was attempting to skirt responsibility for his role in the scandal by suing the school for allegedly breaching a contract shielding him from disparaging comment.

  • July 25, 2016

    NBA Tests Power To Effect Change With All-Star Game Move

    The NBA took the bold move of relocating the 2017 All-Star Game from Charlotte, North Carolina, citing the state's controversial new law preventing transgender people from choosing the bathroom of their choice, in what some attorneys said could test the power of a sports league to effect social change.

  • July 25, 2016

    NY Food Delivery Men Forced To Do 'Side Work,' Jury Hears

    The dispute over wages at Manhattan's Lychee House is a relatively simple one, a lawyer for the restaurant's delivery men told a Manhattan federal jury in his opening statement Monday: The men worked 50 or more hours a week, didn't get paid for breaks and were forced to do other labor for which they weren't getting tips, thus lowering their pay below minimum wage.

  • July 25, 2016

    Vertellus Wants Nod For Severance Deal To Protect Secrets

    Bankrupt insecticide maker Vertellus Specialties Inc. asked a Delaware bankruptcy judge Friday for approval of a $370,000 severance package to enforce a noncompete agreement with an executive whose job will be eliminated in a planned merging of the company’s business units.

  • July 25, 2016

    SEPTA Applicants Fight To Keep Alive Background Check Suit

    Three men fought Friday to keep alive a proposed class action accusing the Southeastern Pennsylvania Transportation Authority of violating federal law in its use of consumer reports, insisting they suffered real harm by the authority's invasion of their privacy.

  • July 25, 2016

    NCAA Says O'Bannon Not Really Against Its High Court Bid

    The NCAA recently urged the U.S. Supreme Court to take up its challenge of the Ninth Circuit’s finding that the organization's rules prohibiting student-athletes from being paid are anti-competitive, saying that despite their opposition brief, the athletes actually favor part of the association's petition for review.

  • July 25, 2016

    Ex-NJ Homeland Security Official Sues Agency Over Age Bias

    A former high-ranking official in the New Jersey Office of Homeland Security and Preparedness has hit the agency with an age discrimination lawsuit in New Jersey state court alleging he was fired in 2014 as part of a long-standing pattern of bias against older employees.

  • July 25, 2016

    The Biggest Fla. Court Decisions Of 2016: Midyear Report

    The Florida Supreme Court gave workers and smokers a boost in the first half of 2016 as it scuttled parts of the state's workers' compensation law and made it easier for Engle progeny plaintiffs to seek punitive damages against tobacco companies, among other recent decisions that have made waves.

Expert Analysis

  • RFP Lessons: A General Counsel's List Of Law Firm Mistakes

    Dave Sampsell

    All too often, law firm financial proposals are too complicated, making them contingent on a host of different assumptions. This makes determining the value of the proposal extremely difficult, and the odds increase dramatically that the proposal will be disregarded, says Dave Sampsell, general counsel of Digi International Inc.

  • NY Should Unify Standards For Atty Fees Against State Agency

    Matthew T. McLaughlin

    Two bills introduced in the recently ended New York legislative session, if adopted into law, will provide government entities and Freedom of Information Law practitioners with the mooring of predictable and consistent outcomes in FOIL proceedings by changing the standard for determining attorneys’ fee awards, say Matthew McLaughlin and Benjamin Argyle of Venable LLP.

  • EB-5 Investors Could Fill The Restaurant Funding Void

    Roger A. Bernstein

    Restaurants seeking to expand are finding traditional financing options hard to come by, but the EB-5 program is proving to be a viable alternative. Restaurants are easy for foreign investors to understand and the food industry creates more jobs than virtually any other U.S. business sector, says Roger Bernstein at American Life Investments LLC.

  • The DOJ’s Increased Focus On Environmental Criminal Cases

    Barak Cohen

    The U.S. Department of Justice has voiced its commitment to prosecuting more criminal environmental cases. In some instances, this effort may result from more investigations or resources committed to bringing such cases. More startling, though, is that other instances reflect a change in prosecutorial discretion, so that more serious criminal cases may be brought in new contexts, say attorneys at Perkins Coie LLP.

  • Global Employment Handbooks: 1 Size Does Not Fit All

    Susan F. Eandi

    Investing in handbooks for a global workforce pays dividends in several respects, and while a truly one-size-fits-all, single, global handbook is a bit of a unicorn, there are ways to accomplish the same result while being compliant with local laws, say attorneys at Baker & McKenzie LLP.

  • How To Manage Your Law School Debt After Graduation

    Andrew Josuweit-headshot.jpg

    Student loan debt can feel overwhelming to new lawyers, especially when just getting started post graduation. Andrew Josuweit, co-founder and CEO of Student Loan Hero Inc., reviews the loan repayment plans available and discusses the best path forward for recent grads shouldering law school debt.

  • Making Rule 68 Offers Of Judgment In Employment Cases

    Excerpt from Lexis Practice Advisor
    A. Jonathan Trafimow

    Federal Rule of Civil Procedure 68 provides defendants with the ability to make an offer of judgment in order to pressure plaintiffs to settle. Jonathan Trafimow at Moritt Hock & Hamroff LLP outlines whether and how to make an offer of judgment in employment cases, the potential benefits and disadvantages, and the various state and federal laws that govern Rule 68.

  • Tips For Drafting Best-Interest Contracts Under DOL Rule

    Clifford Kirsch

    Practitioners drafting agreements to satisfy the U.S. Department of Labor’s new best-interest contract exemption will need to ensure the contract also conforms to the financial institution’s related customer agreements and disclosures and employs terms designed to protect the firm, say Clifford Kirsch and Allison Wielobob of Sutherland Asbill & Brennan LLP.

  • Forming Drug Test Policies Through A Haze Of Marijuana Laws

    Amanda Wingfield Goldman

    When it comes to protections for medical marijuana users, the tide appears to be turning as some states are revising their laws to include specific discrimination protections for employees. Amanda Wingfield Goldman at Coats Rose Ryman Yale & Lee PC provides practical steps for drafting drug testing policies in states where medical marijuana is legal, and states where recreational and medical marijuana is legal.

  • What To Expect In Post-Escobar FCA Litigation

    Peter Hutt II

    This week, the U.S. Supreme Court vacated the judgments in three False Claims Act matters that were pending before it on petitions for certiorari and remanded them for further consideration in light of the new standards enunciated in Escobar. Within the next few weeks, there will be a trickle of lower court decisions applying Escobar. By the end of the year, the trickle will be a flood, say attorneys with Covington & Burling LLP.