Employment

  • August 18, 2014

    Maynard Cooper Launches West Coast Office In SF

    Maynard Cooper & Gale PC has opened a new office in San Francisco that will focus on insurance and financial services litigation, complex Employee Retirement Income Security Act litigation and class actions, and sports and entertainment law as the firm seeks to expand its West Coast presence.

  • August 18, 2014

    Inventor Asks High Court To Mull GE Wind Turbine Bias Claims

    An inventor in a dispute with General Electric Co. over a wind turbine patent has asked the U.S. Supreme Court to review the Federal Circuit’s affirmation of the ruling of a judge the inventor called “conflicted” and “corrupt” who said he did not prove he was the technology’s co-inventor.

  • August 15, 2014

    Controversial Calif. Sick Leave Bill Heads To Full Senate

    A California bill that is hotly contested by business groups and would require employers to provide paid sick leave cleared a state Senate committee on Thursday.

  • August 15, 2014

    4th Circ. Won't Send Asbestos Suit Back To Fed. Court

    The Fourth Circuit on Friday refused to send back to federal court asbestos claims filed by a now-deceased Coast Guard electrician seeking damages from Crane Co., ruling the shipyard products manufacturer missed its chance to assert a new basis for federal jurisdiction.

  • August 15, 2014

    Chamber Urges Texas Justices To End Shell Defamation Suit

    The U.S. Chamber of Commerce this week filed an amicus brief urging the Texas Supreme Court to block a defamation suit filed against Shell Oil Co. that targeted Shell’s reporting of a former employee’s possible Foreign Corrupt Practices Act violation to federal authorities.

  • August 15, 2014

    MF Global Can't Escape Ex-Workers' WARN Complaint

    A New York federal judge Thursday revived a complaint brought by former employees of MF Global Holdings USA Inc. alleging the bankrupt brokerage failed to give them notice of impending layoffs under the federal and New York WARN acts, saying the Southern District’s bankruptcy court erred in tossing the case.

  • August 15, 2014

    As 'Ban The Box' Widens, Employers Review Criminal Screens

    New Jersey Gov. Chris Christie's recent signing of a “ban the box” law preventing employers from asking up front about a job applicant's criminal history extends a trend that experts predict will continue to spread across the U.S. and prompt multijurisdictional employers to evaluate how they use criminal background checks while hiring.

  • August 15, 2014

    Justices Told Gosselin's Massive Fines Disrupt FCA Law

    Gosselin World Wide Moving NV filed a new brief urging the U.S. Supreme Court to take up its appeal of a potential $400 million in fines and penalties over alleged collusion to raise prices on military transportation contracts, saying the Fourth Circuit's ruling could be widely damaging to the defense and health care industries.

  • August 15, 2014

    2nd Circ. Leaves Foreign FCPA Tipsters High And Dry

    The Second Circuit’s ruling Thursday that the Dodd-Frank Act’s whistleblower protections do not cover tipsters outside of the United States could discourage whistleblowers from bringing claims related to the Foreign Corrupt Practices Act, now that they know they're vulnerable to employer retaliation. 

  • August 15, 2014

    NJ Gov. Vetoes Bill Targeting Unemployment Bias

    New Jersey Gov. Chris Christie on Friday rejected legislation that would have expressly barred employers from discriminating against job hopefuls because they are unemployed, contending that the measure would be practically unenforceable and create unnecessary burdens on businesses.

  • August 15, 2014

    Employee Secrecy Pacts Don't End Whistleblower Threat

    Although some regulators and lawmakers have expressed concerns about companies attempting to silence potential relators with nondisclosure agreements, attorneys on the defense side say that such employee agreements can rarely inoculate a company from False Claims Act allegations.

  • August 15, 2014

    Northrop Aims To Ax Qui Tam Suit Over $874M USPS Contract

    Northrop Grumman Systems Corp. on Friday urged a Virginia federal judge to scrap a whistleblower's suit accusing it of fraudulently misrepresenting the speed and accuracy of mail-sorting machines in a $874 million contract with the U.S. Postal Service, arguing the government hasn't intervened.

  • August 15, 2014

    High Court Asked to Mull ERISA Retaliation Protections

    A former general manager of Panel Processing Inc. has asked the U.S. Supreme Court to decide if the Employee Retirement Income Security Act’s anti-retaliation provision protects an employee who makes unsolicited complaints to management about possible violations of the law.

  • August 15, 2014

    Wal-Mart Seeks Permission To Toss Dukes Case Files

    Wal-Mart Stores Inc. sought permission from a California federal judge on Friday to stop preserving millions of documents in Betty Dukes' long-running class action claiming the retailer discriminated against female workers, arguing that it is spending $5 million a year to keep files on plaintiffs no longer in the case.

  • August 15, 2014

    Default Interest Rate Applied In SOX Whistleblower Suit

    The Ninth Circuit found Friday that a default interest rate for civil money judgments applies to post-judgment interest in Sarbanes-Oxley Act whistleblower cases, in a decision granting two former International Games Technology intellectual property lawyers' request for attorneys' fees and interest in their whistleblower suit against IGT.

  • August 15, 2014

    Ex-AT&T Worker Can’t Shake $35K Judgment In Contract Suit

    A former AT&T Corp. employee on Friday couldn't shake a $35,000 judgment for the telecommunications giant, with the New Jersey Appellate Division refusing to disturb a jury verdict that she breached a separation agreement by returning to the company through a contractor.

  • August 15, 2014

    Family Dollar Suit Over Cashier Seats Moved To Fed. Court

    Discount retail chain Family Dollar Stores Inc. doesn’t provide proper seating to its cashiers, even though there is “ample” space in the cashier stations for a stool or seat, according to a putative class action removed on Thursday to California federal court.

  • August 15, 2014

    6th Circ. Frees Liberty From Gun Sellers' Trade Secrets Row

    The Sixth Circuit on Friday sided with Liberty Corporate Capital Ltd. in an insurance fight with a firearms and security products retailer over claims that its employee stole trade secrets from a rival online retailer before switching jobs, agreeing that there was no advertising injury coverage.

  • August 15, 2014

    NCAA, Players Agree On Scope Of Pay Ban Ruling

    The National Collegiate Athletic Association agreed Thursday with a group of student athletes that a court order banning the NCAA's athlete compensation rule in an antitrust case shouldn't kick in until 2015 when it will cover current and incoming students.

  • August 15, 2014

    Mennonite Family's Co. Wins Pass On Contraception Rule

    The Mennonite owners of a Pennsylvania furniture manufacturing company do not have to pay for contraceptive services for their employees, according to a preliminary injunction granted Thursday by a Pennsylvania federal judge in light of the U.S. Supreme Court's Hobby Lobby decision on the health care law mandate.

Expert Analysis

  • 6 Years In, Why Haven't FRE 502(d) Orders Caught On?

    John A. Rosans

    In this e-discovery era, why aren't more litigants using Federal Rule of Evidence 502(d) orders and affording themselves basic protection of their most sensitive information? Or, if they are moving for such orders, why are they doing it wrong? asks John Rosans of Katten Muchin Rosenman LLP.

  • Established Employment Rules Are Not Safe From The NLRB

    Shannon M. Gibson

    Terms and conditions of employment long considered settled by employers can now no longer be taken for granted as not running afoul of the National Labor Relations Act as the National Labor Relations Board continues its dramatic outreach campaign to workers, say William Miossi and Shannon Gibson of Winston & Strawn LLP.

  • Employers May Have Opportunity In ACA Legislative Flaw

    Robert C. Christenson

    Employers still on the fence in terms of providing qualifying health care coverage for their employees see new hope in the D.C. Circuit's ruling in Jacqueline Halbig v. Burwell because the case points to a possible legislative flaw that would exempt employers in 36 of the 50 states from the "pay-or-play" tax that underlies the Affordable Care Act, says Robert Christenson of Fisher & Phillips LLP.

  • Trial-Ready In 180 Days: Prepare For SDNY's Rocket Docket

    Isaac S. Greaney

    A growing trend in the Southern District of New York akin to a sua sponte rocket docket can provide defendants with an opportunity to set the tone of discovery and shift the burden and risks of the schedule to their adversaries, say Isaac Greaney and Jackie Lu of Sidley Austin LLP.

  • Costs And Benefits Of Opting Out Of Texas' Workers' Comp

    Janet A. Hendrick

    Because Texas' workers' compensation is a "no fault" program, employees of subscribers are rarely allowed to sue their employer for damages in connection with work-related injuries, however employees of nonsubscribing employees may bring negligence and related claims as a result of on-the-job injuries, says Janet Hendrick of Fisher & Phillips LLP.

  • When You Are Responsible For Your Book Of Business

    Jennifer Topper

    Finding prospective clients and retaining them has little to do with your legal training and expertise, and yet you have no practice without successful client acquisition and retention. There is no reason you cannot apply your basic legal training to successful sales efforts hinging upon your practice strength and experience, says independent law firm consultant Jennifer Topper.

  • Immigration Reform Must Help Spouses Of H-1B Visa Holders

    Karen-Lee Pollak

    It is not practical to expect H-1B visa holder spouses, who are often highly educated and have careers themselves, not to work for as long as a decade, says Karen-Lee Pollak of Bell Nunnally & Martin LLP.

  • An Inventive Way To Remove Pure State Court Claims

    Michael E. Blumenfeld

    Nondiverse state court defendants facing purely state law claims that seek to secure federal jurisdiction should determine whether a good faith basis exists to pursue a third-party action against a federal actor in order to trigger the representative U.S. Attorney’s certification and remove such claims under the Westfall Act, say Michael Blumenfeld and Jonathan Singer of Miles & Stockbridge PC.

  • European Court Deals Body Blow To UK Trade Unions

    Douglas Darch

    National Union of Rail, Maritime And Transport Workers v. The United Kingdom was a big setback to the U.K.'s trade unions, particularly with the growth in outsourcing of public services to the private sector, say Douglas Darch and John Evason of Baker & McKenzie LLP.

  • BDO Seidman Continues To Rule NY Restrictive Covenants

    Richard I. Janvey

    When drafting restrictive covenants in New York, employers and their counsel need to keep in mind the seminal appellate case BDO Seidman v. Hirshberg, which lays out what constitutes a reasonable covenant while setting the terms for what will be judicially enforced in the state, say Richard Janvey and Joan Secofsky of Diamond McCarthy LLP.