A California judge on Wednesday rejected Disney’s request for costs in a tossed suit from a former executive alleging he was booted after 26 years due to his age, saying the case wasn’t “objectively without foundation” as required under the state high court’s recent Williams decision.
A heart surgery device maker has agreed to pay $8 million to settle a whistleblower's False Claims Act allegations that it provided marketing support as kickbacks to doctors who charged government health programs for the devices' use, the federal government said Wednesday.
A New Jersey federal judge on Wednesday dismissed a proposed class action alleging that Mary Kay forced its beauty consultants to buy company merchandise as part of their employment after finding the consultants signed contracts stating that their claims must be litigated in Texas.
In an environment where clients have many options for counsel and little tolerance for waste, it’s become more important than ever for law firms to trim the fat. Here, experts offer their advice on when it’s time to cut an underperforming partner loose.
A New Jersey federal judge on Wednesday reopened a False Claims Act suit against Sanofi-Aventis US LLC and Bristol-Myers Squibb Co. following the U.S. Supreme Court’s recent Escobar ruling that liability under the statute can be triggered by failure to comply with regulations that aren't explicit conditions of payment.
A systems engineer suing Google Inc. for allegedly discriminating against older individuals in the hiring process asked a California federal judge Wednesday to conditionally certify the proposed class and order the tech company to produce names and contact information for potential class members.
The New Jersey Supreme Court has revived a Raymours Furniture Co. employee’s race bias suit that a lower court sent to arbitration, in the wake of the justices’ recent decision to invalidate employer-imposed time limits for filing discrimination claims.
A security company told the Eleventh Circuit on Tuesday the subcontractor was improperly sanctioned with a measley damages award for omitting facts in litigation against a prime contractor that ousted the company from a $12 million U.S. Navy deal and stole its employees.
The U.S. Equal Employment Opportunity Commission and more than 120 federal lawmakers told the Second Circuit Tuesday to revise its “outdated” precedent on sexual orientation discrimination by expanding its interpretation of Title VII’s ban on sex bias to include discrimination based on sexual orientation.
An award of attorneys’ fees is not automatic when the defense prevails in a federal lawsuit, the Fourth Circuit ruled Tuesday in an appeal of a Fair Labor Standards Act case in North Carolina.
An Illinois judge on Tuesday tossed “for now” a suit in which a student health service provider claims the Chicago Board of Education breached its contract and schemed with a rival health care agency to steal its nurses.
A nonprofit that includes people who have been sexually abused by opposite-sex perpetrators asked Tuesday to participate in the U.S.’ lawsuit challenging North Carolina’s now-infamous transgender bathroom law, to protect the constitutional right to bodily privacy of the group's members.
An Illinois federal judge Wednesday granted final approval to a $4.75 million settlement that ends a lawsuit accusing Advocate Health Care Network of improperly excluding its home health care workers from overtime pay.
A California federal judge said Tuesday that a pair of Lyft drivers cannot intervene in the $27 million settlement in a proposed class action alleging the ride-hailing company misclassified drivers as independent contractors, saying they have multiple avenues to protect their separate claims against Lyft.
Texas Attorney General Ken Paxton said on Tuesday that the Fort Worth Independent School District's policy allowing schools to keep information about students' gender identities away from parents is in violation of state education law and that the policy was improperly enacted.
A National Labor Relations Board judge determined on Monday that a food product manufacturer committed numerous unfair labor practices in the midst of a union organizing campaign at a Cincinnati production facility.
The Fifth Circuit on Monday issued a one-page order reversing a National Labor Relations Board ruling that held class action waivers in 24 Hour Fitness USA’s mandatory arbitration agreements are unlawful after the gym chain argued the circuit’s prior rulings in D.R. Horton and Murphy Oil are binding.
A Utah federal judge ruled Tuesday that the Tenth Circuit should still weigh whether the False Claims Act's so-called first-to-file rule bars a whistleblower suit over uninspected aircraft gears, saying the U.S. Supreme Court's Monday decision not to review the issue in another FCA case did not resolve a circuit split.
A Pennsylvania federal judge on Tuesday gave the green light to a former Duquesne University law professor on her gender discrimination and retaliation claims against the school and its incoming president while finding no merit to other claims, including religious discrimination based on her scholarship in Islamic law.
Neither Goldman Sachs Group nor a former coder has the upper hand for now in a court battle over the once-jailed employee’s demand for millions in company-paid, corporate officer legal fees, a Delaware vice chancellor said during post-trial arguments late Tuesday.
As an employer’s attorney, it's imperative that you ensure a separation agreement will be comprehensive, valid and enforceable so that the employer can successfully avoid litigation and other risks. Marc Bernstein at Paul Hastings LLP outlines the initial preparations for drafting a separation agreement and common terms that employers ordinarily should include.
Even though the U.S. Department of Labor's final fiduciary rule is, in many ways, more livable than the proposed rule, with potential traps for fiduciary, co-fiduciary and knowing participant exposure, failing to act with due caution is fraught with peril, say Erin Sweeney and Theresa Gee of Miller & Chevalier Chtd.
At first blush, it may seem there is little downside to pursuing litigation under California’s Private Attorneys General Act, and specifically, "PAGA-only" lawsuits. However, there is at least one unintended consequence that plaintiffs counsel could face if the upward trend of these types of cases continues, says Jamin Soderstrom at Call & Jensen.
As Paul Simon said, “One man’s ceiling is another man’s floor.” So it is with law firms and service providers. The firm model is being challenged as never before, and that creates opportunity for both to collaborate and to respond to client needs by proactively delivering “agile” services. It also means that the law firm model is being replaced, says Mark Cohen, a former civil trial lawyer and the founder of Legal Mosaic LLC.
Recent enforcement actions from the U.S. Department of Labor’s Office of Federal Contract Compliance Programs show the agency has upheld its promise to target contractors utilizing blanket criminal background check policies. Several cases provide fair warning about the risks of blanket exclusions in the screening of job applicants and employees, say Kenneth Rosenberg and Asad Rizvi at Fox Rothschild LLP.
California's newly enacted statewide minimum wage law is not good news for California employers. However, it's also not cause for immediate shock, as it will be implemented in phases, overlap with other local minimum wage laws, and includes limited procedural protections meant to reign in unwarranted or fiscally devastating minimum wage increases, says Bryan Hawkins at Stoel Rives LLP.
To law firms swamped with court dates and deadlines, succession planning may seem like the kind of thing to put on the back burner until something major happens. But the best decisions aren't made when we're forced to make them, which means it's imperative that firms take steps now in order to ensure their business's future is secure, says Jonathan Fitzgarrald, a managing partner at Equinox Strategy Partners.
While most private equity funds and “passive” investors apply — consistent with IRS regulations — a more mathematical test to determine their controlled group status, a recent Massachusetts federal court decision holding two Sun Capital funds jointly liable for $4.5 million in withdrawal liability of their portfolio company portends a more nebulous facts-and-circumstances analysis, say Russell Boehner and Allison Warden Sizemore of... (continued)
According to one study, on average 5 percent of all nonprofit revenues are lost each year to fraud, with 22 percent of cases involving the loss of more than $1 million. Such occurrences have reached epidemic proportions within nonprofit organizations, but there are several defenses legal and financial departments can implement to protect against fraudulent activity, say attorneys at Wiley Rein LLP.
Other courts hearing False Claims Act cases premised on nothing more than a difference in clinical judgment should heed the Alabama federal judge's thoughtful warning in U.S. v. AseraCare. The FCA is not meant to function as a “federal malpractice statute” where any question regarding a health care provider’s judgment constitutes a viable FCA claim, say attorneys with Latham & Watkins LLP.