Predictive coding may go a long way in helping clients control electronic discovery costs, says Edward Cerasia, a shareholder with Ogletree Deakins Nash Smoak & Stewart PC.
Elliott Management Corp.’s five nominees for the board of Hess Corp. said Monday that if elected Thursday, they'll forgo a performance-based cash bonus Elliott had promised them, putting an end to one of this proxy season’s more creative tactics.
Exotic dancers who scored an $8 million settlement in their wage-and-hour class action against the Penthouse Executive Club in Manhattan can notify class members through an adult-oriented website and magazine, a New York federal judge ruled Thursday.
A federal judge in Missouri on Friday stayed a suit facing North Pole Ltd. and its parent company Warburg Pincus LLC and compelled them into arbitration with a former North Pole CEO who accused the companies of letting him take the fall for their debts, leaving him trapped in China.
Wal-Mart Stores Inc. on Friday accused members of two unions of trespassing inside its California stores and of "disorderly conduct" including harassing its customers and damaging property as part of their labor activities.
The Sixth Circuit on Friday revived a lawsuit brought by former Metaldyne Corp. employees accusing Heartland Industrial Partners LP of invalidating their pension plan to avoid paying them $13 million when it sold the company, finding the state-law suit not preempted by federal law.
Five former longtime employees of the U.S. Department of Energy's Lawrence Livermore National Laboratory scored a $2.7 million victory Friday when a California jury found that the lab had breached its employment contracts by laying them off in 2008 rather than eliminating temporary employees first.
Employers are dealing with a surge in leave requests from workers whose rights to time off have expanded under state and federal law in recent years, giving leave seekers more legal protections than ever before. Here, attorneys share tips with Law360 to help companies make sure employees get their due without taking advantage of the business.
The World Wrestling Federation harmed producer Andrew Green when it aired a video in which wrestler Big Show unleashed his violent persona and physically assaulted Green during a profanity-laced post-match interview, according to a lawsuit removed to Arizona federal court Friday.
The Texas Uniform Trade Secrets Act, recently signed into law by Gov. Rick Perry, strengthens trade secret protections for businesses and makes subtle changes to existing common law that experts say will add certainty to litigation and bring earlier settlements.
The U.S. Securities and Exchange Commission’s new whistleblower office is off to an auspicious start, but attorneys say the program could suffer if the agency fails to punish firms that silence tipsters through unfair employment agreements.
A recent Occupational Safety and Health Administration interpretation letter stating that nonunion employees can designate anyone, including a union representative, to participate in OSHA inspections at their work sites could turn safety inspections into a union organizing tool, attorneys said Friday.
Fox Entertainment Group Inc. attorneys on Friday told a New York federal judge that internships at its corporate subsidiaries are so varied and individualized that a wage-and-hour lawsuit brought by former unpaid interns can't proceed on a classwide basis.
Aegis Therapies Inc. and several related rehabilitation therapy companies on Friday asked a Georgia federal judge to dismiss all federal government claims in a whistleblower False Claims Act suit accusing them of overbilling Medicare, arguing the allegations aren’t supported by law.
Facing rising complaints that Affordable Care Act preparations are lagging, President Barack Obama on Friday sought to assure Americans that the landmark law is on track while also cautioning the public not to be “bamboozled” by health reform's opponents.
A Pennsylvania state senator introduced legislation on Friday that seeks to expand the state's civil rights law by banning workplace discrimination against pregnant women, as women choose to remain in the workplace for longer periods into their pregnancies.
New Jersey Gov. Christie has conditionally vetoed a measure that would have loosened restrictions on when former employees and members of the state's Racing Commission can hold new jobs or interests with license holders in the horse racing industry.
State Farm Fire & Casualty Co. recently challenged a Mississippi federal jury's verdict finding it committed fraud against the federal flood insurance program following Hurricane Katrina, while two whistleblowers seized on the victory to fight for a significant expansion of their False Claims Act suit.
A Florida federal judge on Friday denied an appeal of sanctions a magistrate judge levied on Medco Health Solutions Inc. for late document production in a False Claims Act suit brought by employee whistleblowers accusing it of hiding $69 million in Medicare and Medicaid overpayments, saying the order was legally sound.
A federal judge on Thursday declined to toss a False Claims Act whistleblower suit accusing a Florida college of illegally providing incentive payments or bonuses to recruiters based on recruiting activities, finding the plaintiffs had adequately pled most of their claims.
As seen in Winston v. Academi Training Center Inc., a court may decide that one or two bad terms renders an entire arbitration clause unenforceable, thus eliminating the company’s ability to compel arbitration of False Claims Act retaliation claims. Companies should proceed with caution when drafting aggressive or boilerplate arbitration clauses, say attorneys with Nixon Peabody LLP.
Early neutral evaluation usually asks a retired judge to consider one party’s case, as if preparing to rule on summary judgment or presiding over a bench trial. Effective evaluation can supply a reality check on a case — it gives the lawyer the gift of seeing the case as others see it, says James Rosenbaum, a panelist with JAMS and former U.S. district judge for the District of Minnesota.
While the U.S. Supreme Court decision — expected in 2014 — on the definition of "clothes" under the Fair Labor Standards Act might have some impact on the general question of whether time spent donning and doffing work clothes is compensable, the ruling will be most significant to employers who rely on FLSA section 203(o) and collective bargaining agreements to exclude donning and doffing activities from compensable time, says Elizabeth Arce of Liebert Cassidy Whitmore.
New amendments to China's Employment Contract Law will take effect on July 1, 2013. If strictly enforced, they will severely limit the ability of foreign and domestic employers in China to use dispatched workers from labor dispatch agencies — as well as create the potential for social unrest, says Kevin Jones of Faegre Baker Daniels LLP.
Notwithstanding the additional flexibility provided by the spending bill that President Obama signed on March 26, sequestration will continue to cause significant uncertainty for government contractors due to government customers cutting programs, tasks and personnel. In selecting the employees who will be impacted by these cuts, contractors should apply reduction-in-force principles to reduce the likelihood of discrimination claims, say attorneys with Proskauer Rose LLP.
March Madness, Super Bowl and Fantasy Football pools have become ingrained in the American workplace, and while many employees and employers view betting pools as harmless fun, permitting such activities creates a wide range of risks for employers, say attorneys with Ford & Harrison LLP.
The recent evolution of case law governing the standard for Rule 12(b)(6) motions to dismiss reveals that Rule 12(e) serves no practical purpose in modern pleading practice, says Nathan Kipp of Seyfarth Shaw LLP.
Recently, the U.S. District Court for the Western District of Pennsylvania dismissed an Equal Employment Opportunity Commission challenge to U.S. Steel Corporation’s random alcohol testing of employees at a safety-sensitive facility. A forceful rejection of one of the more extreme positions the EEOC has taken, the ruling is an encouraging sign for employers that courts may adopt a far more pragmatic view than the EEOC, say attorneys with Bracewell & Giuliani LLP.
Despite recession-driven cost pressures that have resulted in the downsizing of nonlawyer personnel at law firms, many litigation support departments are growing. In a recent survey, half of respondents indicated that their function has grown in size in the past three years, and more than half of respondents indicated that current staffing levels are inadequate for the projected needs of the coming year, say experts at Epiq Systems and Georgetown University Law Center.
This term marks a continuation of the Roberts court trend of close attention to business issues. From affirmative action and class actions to tort litigation, government enforcement and intellectual property, almost one half of this term’s argued cases are of interest to the business community, say Cliff Sloan and David Foster of Skadden Arps Slate Meagher & Flom LLP.