A Pennsylvania law firm sued a former attorney Monday in state court, alleging he failed to pay fees stemming from more than 200 claims he initiated while at the firm and kept after striking out to form his own private practice.
Activist groups and unions on Tuesday blasted the U.S. Securities and Exchange Commission for dropping a proposed rule to require companies to disclose political spending, saying such regulations are urgently needed in the wake of the U.S. Supreme Court’s Citizens United ruling.
Illinois state lawmakers on Tuesday narrowly approved legislation that would try to close a $100 billion gap in the state's pension budget by raising the retirement age for government employees, cutting cost-of-living adjustments and freezing cost-of-living increases.
High-ranking officials at a municipal police department in Oregon did not violate a former officer's free speech rights when they allegedly transferred him from his position working with a police dog after he repeatedly complained about workplace safety issues, the Ninth Circuit ruled Tuesday.
A judge’s Tuesday ruling that Detroit is eligible for bankruptcy relief came as no surprise, but his finding that public pensions can be reduced during a bankruptcy was an unexpected and forceful stand that is likely the start of a hotly contested appeals process.
The Fourth Circuit on Tuesday refused to compel ex-Cellular Sales workers to arbitrate their putative collective and class action accusing the Verizon Wireless retailer of wage violations, ruling an arbitration provision in their employment contracts didn't cover the claims at issue.
A New Jersey government watchdog on Tuesday criticized the city of Newark for excessive nonsalary payments of $216,000 to Newark public employees and other payroll and timekeeping practices.
The Fifth Circuit handed employers a major victory Tuesday by rebuffing the National Labor Relations Board's ban on employment class waivers, but attorneys say the issue remains far from resolved and eventually will end up at the U.S. Supreme Court.
A Florida federal judge on Tuesday allowed women who brought a regional gender bias lawsuit against Wal-Mart Stores Inc. to try to revive their class claims, finding that recent high court precedent may have affected the grounds for their dismissal.
Part of The Philadelphia Inquirer’s divided ownership group told the Pennsylvania Superior Court on Tuesday that there was no need to rush an appeal of a November decision reinstating Pulitzer Prize-winning Editor-in-Chief Bill Marimow after a trial judge found he was fired in violation of a company governance agreement.
Three New York City police officers shouldn't get paid leave to work with their union because they were indicted in a ticket-fixing scheme, a state appeals court panel ruled Tuesday, although two dissenting judges said the decision was premature.
New Jersey-based Immunomedics Inc. has sued the University of California and Temple University to protect the biopharmaceutical company's alleged rights over a valuable life sciences product that a scientist fomerly with an entity that licensed such assets to Immunomedics may have improperly transferred to UC San Francisco.
A Washington, D.C., federal judge ruled Tuesday that a former Booz Allen Hamilton Inc. attorney cannot use pattern or practice evidence to prove her age and gender discrimination claims against her former employer but said he would allow her to further explore whether he has jurisdiction over the case.
A 20-year-old tax loophole allowed the CEOs of the top six publicly traded fast food companies to pocket more than $183 million in fully deductible performance pay over the last two years, saving the companies $64 million, according to an industry watchdog report released Monday.
The University of Notre Dame on Tuesday took a second crack at the Affordable Care Act’s contraception mandate, reiterating its claim that the rule is an unlawful government intrusion into the school’s freedom to practice religion.
In winning huge appellate court victories this year for big-time employers Starbucks Corp. and Ernst & Young LLP in complicated labor class actions, Akin Gump Strauss Hauer & Feld LLP's Daniel Nash also won himself a spot on Law360's list of Employment MVPs.
Gov. Tom Corbett’s administration argued Monday that a lawsuit brought by a suburban Philadelphia couple challenging the constitutionality of Pennsylvania’s ban on same-sex marriage was barred by principles of sovereign immunity.
A New Jersey federal judge ruled Monday that a chiropractor may pursue his overpayment allegations against UnitedHealth Group even though his patients are no longer insured by the company, saying the patients were still subject to the health insurer's overpayment recoupment procedures.
The Fifth Circuit on Tuesday rejected the National Labor Relations Board's ruling that arbitration agreements barring employees from pursuing class or collective claims violate federal labor law, siding with homebuilder D.R. Horton Inc.
A Michigan bankruptcy judge on Tuesday ruled, as expected, that Detroit is eligible for Chapter 9 relief, despite the tireless efforts of city workers and retirees to keep the case from moving forward out of fear that they will be the ones forced to endure the largest concessions.
Mandated law student pro bono programs have not worked in championing the causes of social justice for those unable to afford counsel. States would be far better off using their resources to insist on a legislative solution to a very troubling and persistent deficiency in the allocation of legal resources, says Fred Isquith of Wolf Haldenstein Adler Freeman & Herz LLP.
The U.S. Supreme Court ruling that struck down section 3 of the Defense of Marriage Act has many implications for retirement, health and other employee benefit plans. For example, it did not specify whether a same-sex couple recognized as married in one state would still be considered married for federal law purposes if they moved to a state that does not recognize same-sex marriage, says James Mattus at Goodwin Procter LLP.
Many federal contractors and subcontractors are now, or soon will be, required to comply with broad new whistleblower protections. Even before the new rules, prime contractors were already prohibited from discriminating against whistleblowers in certain situations — but the differences between the rules are significant and have important implications, say Bradley Wine and Michael Mateer of Morrison & Foerster LLP.
It is premature to call the ruling in Eli Lilly v. Huang a landmark decision — too many hurdles remain for multinational companies to become complacent about protection of trade secrets in China. But the country's new law allowing preliminary injunctions to stop infringement is an encouraging step forward, say Richard Grams and Allan Goldner of Benesch Friedlander Coplan & Aranoff LLP.
In Romanello v. Intesa Sanpaolo, the New York Court of Appeals found that under the city's Human Rights Law, there is no requested employee disability accommodation that is per se unreasonable, including a request for indefinite leave. At a minimum, an employer should carefully document its efforts to reach an accommodation, and its reasons for determining that a requested accommodation will be ineffective, say Terri Solomon and Jennie Woltz of Littler Mendelson PC.
Picture this: A seller of goods is losing tens of millions of dollars per year on a requirements contract containing price caps that the parties have operated under for years. Given the Uniform Commercial Code and relevant case law, it would be natural — and completely logical — to accept the cogent authority establishing that rising costs are generally insufficient to invalidate a contract. I am betting that, in this case, the law will trick you, says Andrew Jarzyna of Ulmer & Berne LLP.
The California Supreme Court has a long history of inventing new rules to invalidate consumer and employment arbitration agreements. But basing a finding of unconscionability on the court’s new test established in Sonic-Calabasas A Inc. v. Moreno would interfere directly with the Federal Arbitration Act’s protection of the freedom to tailor appropriate arbitral procedures, say Andrew Pincus and Archis Parasharami of Mayer Brown LLP.
One of the False Claims Act reforms proposed by the U.S. Chamber of Commerce’s Institute for Legal Reform — a sanction for failure to carry out basic document-preservation obligations — should dramatically improve the government’s document-handling practices, and thus improve the odds that FCA defendants will have access to documents they may need to present their cases effectively, say David Ogden and Jonathan Cedarbaum of WilmerHale.
In Lawson v. FMR LLC, the Supreme Court heard arguments on how the Sarbanes-Oxley Act's anti-retaliation provisions should be interpreted without either gutting or expanding them without limit. Assuming the court hands down a decision echoing the Nov. 12 session, the Obama-era “sea change” in favor of whistleblowers remains a gathering force in employment law, says R. Scott Oswald of The Employment Law Group PC.
When researching an expert, look for whether the expert’s opinion and methodology in the case is consistent with the expert’s approach outside of litigation. Inconsistency in an expert’s opinion not only is great fodder for cross-examination, but might also point to a more serious methodological problem that can form the basis for a Daubert challenge, says Matthew Whitley of Beck Redden LLP.