• September 27, 2016

    2nd Circ. Tosses Appeal In Unfinished WWE Concussion Suit

    The Second Circuit on Friday denied an appeal by a former wrestler suing World Wrestling Entertainment Inc. for allegedly hiding the risks of traumatic brain injury, saying the appeal would have to wait until he and the other wrestlers suing the WWE hash out their claims in district court.

  • September 27, 2016

    Wisc.'s 'Right-To-Work' Law Survives Fed. Court Challenge

    A Wisconsin federal court threw out labor union claims that the state’s “right-to-work” law violates the Fifth Amendment and a national law, holding Monday that legal precedent required the case be tossed.

  • September 27, 2016

    NC Lawmakers Look To Dodge Depositions In HB 2 Suit

    North Carolina’s legislative leaders and Gov. Patrick McCrory asked a federal court Monday to recognize their legislative privilege to not be deposed by the U.S. and others suing over the state’s law requiring transgender people to use bathrooms and locker rooms corresponding to the sex on their birth certificates.

  • September 27, 2016

    Coca-Cola Fights Ex-Worker's Data Breach Certification Bid

    Coca-Cola Co. hit back at a former employee’s bid to certify class in a suit accusing the company of exposing him and fellow staff to identity theft after several dozen company laptops were stolen, telling a Pennsylvania federal judge on Monday the ex-worker has not defined a common class.

  • September 27, 2016

    Ohio School Ordered To Let Trans Student Use Girls' Room

    An Ohio school district can’t use the federal court system to block guidance from the Justice and Education Departments over how to treat transgender students before it has been enforced, nor can it ban a transgender student from using the girls’ bathroom, an Ohio federal judge ruled Monday.

  • September 27, 2016

    Ex-Shearson Workers Press Case For Arbitration In 2nd Circ.

    Former Shearson workers seeking $300 million in deferred pay from the Lehman Brothers Inc. trustee told the Second Circuit on Tuesday that they are the only big gorilla left in the massive Chapter 11 and that, therefore, there is no harm to others if a dispute over the priority of their claims is sent to arbitration under a 1985 employment contract.

  • September 27, 2016

    5th Circ. Says BP Employee Stock Suit Fails Justices' Test

    The Fifth Circuit ruled on Monday that BP PLC employees suing over damage to their BP-invested retirement funds from the Deepwater Horizon oil spill haven't specified what plan administrators could have done differently to get a better result, as the U.S. Supreme Court has required.

  • September 27, 2016

    Energy Logistics Exec Took Trade Secrets To Rival, Suit Says

    Energy logistics company Maxum Petroleum Inc. sued a former senior officer and its competitor Chemoil Corporation Inc. in Connecticut federal court Monday, accusing the ex-employee of stealing trade secrets and moving to the rival company in breach of his contract.

  • September 26, 2016

    Trump Touts Tariffs, Clinton Talks Wages To Shore Up US Jobs

    Employment was at the forefront in the opening stages of Monday’s highly anticipated presidential debate, where Hillary Clinton spoke about her plans to help workers and Donald Trump emphasized the need to keep jobs in the U.S. 

  • September 26, 2016

    DOL Launches Wells Fargo Employment Probe Amid Scandal

    The U.S. Department of Labor said Monday it has launched a "top-to-bottom" review of Wells Fargo & Co. employment practices over the past several years in light of revelations the bank instituted an aggressive sales strategy that resulted in the opening of millions of unauthorized accounts.

  • September 26, 2016

    NJ Sens. Seek To Ban Employers' Use Of Salary History

    A pair of New Jersey state senators have introduced legislation that would prevent employers from asking job applicants about their salary history and from relying on that information to determine potential wages at any stage during the hiring process, Senate Democrats announced Monday.

  • September 26, 2016

    Infosys Seeks Quick Win In 'Reverse Discrimination' Case

    Infosys Technologies Ltd. Inc. asked a Wisconsin federal court Friday to rule in its favor in a putative class action brought by four white individuals who claim the company discriminated against them based on their non-South Asian national origin and race, saying the evidence fails to show any reverse discrimination.

  • September 26, 2016

    Family Dollar Says Ex-Worker’s PAGA Break Claim Must Go

    Family Dollar Inc. urged a California judge at a hearing Monday to throw out meal and rest break claims a former assistant manager is pursuing under the state’s Private Attorney General Act, saying he didn’t exhaust administrative remedies before filing suit and it’s too late to correct that error.

  • September 26, 2016

    Buchalter Adds Greenberg Employment Pro, Frazer Tax Experts

    Buchalter Nemer PLC announced it has hired the former chair of Greenberg Traurig LLP’s Phoenix labor and employment practice and two tax attorneys from Frazer Ryan Goldberg & Arnold LLP, bolstering the firm's Scottsdale, Arizona, office.

  • September 26, 2016

    Jury Awards $5.1M Over Paper-Industry Trade Secrets

    A Washington federal jury awarded $5.1 million to A.H. Lundberg Associates Inc. Friday after finding its former customer TSI Inc. hired away a vital Lundberg employee and stole the company's wood-drying technology.

  • September 26, 2016

    Calif. Gov. Signs Privacy Bill Shielding Actors' Ages

    Under a measure signed by California Gov. Jerry Brown on Saturday, actors and other industry professionals can scrub their ages from online entertainment employment service provider sites such as IMDb.com Pro, marking a victory for the union that backed the proposal.

  • September 26, 2016

    'One In A Billion' Palantir Hiring Is Not Biased, Says DOL

    Palantir Technologies Inc. was accused Monday by the U.S. Department of Labor’s government contracts monitor of discriminating against Asian job applicants, which said in a lawsuit that the odds the company hired so few Asians by chance were “one in a billion.”

  • September 26, 2016

    Pimco Co-Founder Can Depose CEO In $200M Suit: Judge

    A California state judge ordered Pacific Investment Management Co. on Monday to let co-founder Bill Gross' lawyer interview the investment company's CEO and 11 other directors in Gross' $200 million suit alleging the firm forced him out.

  • September 26, 2016

    Blue Cross Presses To Trim Michigan Tribe's ERISA Claims

    Blue Cross Blue Shield of Michigan continued to press a federal court Friday to pare down the Little River Band of Ottawa Indians’ suit alleging the insurer mismanaged the tribe’s employee benefit plan under the Employee Retirement Income Security Act, arguing it had no duty to cap health care claims at certain rates.

  • September 26, 2016

    Ambulance Co. 'Upcoding' Suit Dismissed For Lack Of Proof

    Two whistleblowers haven’t sufficiently argued that CareFlite, a Dallas-area nonprofit that provides ambulance services, systemically billed Medicare or Medicaid for more advanced services than it provided, a Texas federal judge said on Monday in dismissing the False Claims Act suit.

Expert Analysis

  • What You Should Know About The Defend Trade Secrets Act

    Patrick J. Coyne

    Nothing passes Congress during an election year. Well, the Defend Trade Secrets Act of 2016 did. In some ways, the act is unexceptional. In other ways, however, it is exceptional. Perhaps the single most important provision is the availability of ex parte seizure orders, says Patrick Coyne of Finnegan Henderson Farabow Garrett & Dunner LLP.

  • The Cloud And Ethical Considerations For Lawyers

    Bradley S. Shear

    Despite regular news stories detailing the need to update our digital privacy laws and increase our cybersecurity protections, law firms and in-house legal departments should feel confident that utilizing cloud providers with strong privacy and security protections will not breach their ethical obligation to clients, says Bradley Shear of the Law Office of Bradley S. Shear LLC.

  • A Lower Bar For SOX Whistleblower Claims Emerges

    Stephen L. Corso

    In Beacom v. Oracle America, the Eighth Circuit joined the Second, Third and Sixth Circuits in adopting a less stringent standard for whistleblower retaliation claims brought under the Sarbanes-Oxley Act, which increases the likelihood that whistleblowers would prevail in such cases and could result in lengthier litigation, say attorneys with Haynes and Boone LLP.

  • Dealing With OSHA’s New Enforcement Landscape

    Michael V. Abcarian

    The “new” Occupational Safety and Health Administration is more aggressive and motivated than ever. For employers who do not revisit critical facets of workplace safety and Occupational Safety and Health Act compliance, frustrating and potentially expensive encounters with OSHA will loom on the horizon, says Michael Abcarian at Fisher Phillips.

  • Damage Analysis Is Key To Settling Complex Cases

    Karen Willcuts

    An understanding of the damage model and the facts and figures to back it up is crucial to a successful mediation in commercial cases. This is true for both plaintiffs counsel and defense counsel, says Karen Willcutts, former associate judge for Dallas County and an arbitrator at JAMS ADR.

  • Why Class Defendants Should Consider Venue Transfers

    Cathy Moses

    Class action defendants litigating in an inconvenient forum should consider presenting arguments in favor of transferring the action to another venue, as a successful venue motion can deflate some momentum that the class might appear to have at the outset of the case, says Cathy Moses at Irell & Manella LLP.

  • Jimmy John’s: Poster Child For National Noncompete Debate

    Jason B. Hirsh

    The Illinois attorney general's litigation with sandwich restaurant chain Jimmy John’s speaks to the concerns about noncompete agreements recently expressed by the U.S. Department of Treasury and the White House. Such agreements likely can have serious and unintended consequences and state and national authorities are now paying closer attention, say Jason Hirsh and Christina Lutz at Levenfeld Pearlstein LLC.

  • How Lawyers Can Harness The Power Of Social Media

    Monica Zent

    It’s important to first decide what your personal brand is. Are you a crusader? A wry observer? A compassionate witness? Your social media presence doesn’t have to reflect the deepest aspects of your identity — it’s merely an image that you project, says Monica Zent, founder and CEO of Foxwordy Inc.

  • A New Precedent For Physician Restrictive Covenants In NY

    Thomas A. Telesca

    A recent decision from the New York Supreme Court concerning the enforceability of a physician's restrictive covenant reflects continued changes taking place in the health care field and indicates that attorneys representing individual physicians and medical practices in New York will have to take more care in drafting such contracts, says Thomas Telesca at Ruskin Moscou Faltischek PC.

  • From The Partner's Desk: Tips For Recent Law Grads

    Gary M. Gansle

    One of the most prevalent complaints by associates and recent law school graduates is the lack of meaningful mentoring by more seasoned attorneys. Gary Gansle, leader of Squire Patton Boggs LLP's Northern California employment law practice, offers several tips as a light that can help junior attorneys start down the right path in their career development.