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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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)
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.
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.
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.
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.
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.
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.
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.
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.
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.