• September 19, 2014

    Fish & Richardson Litigator Moves To Polsinelli In Dallas

    Polsinelli LLP hired a longtime Fish & Richardson PC litigator who specializes in trade secret theft cases and wage-and-hour disputes to join its labor and employment and commercial litigation practices in Dallas, the firm announced Friday.

  • September 19, 2014

    Ex-Vanderbilt Worker Class Certified In WARN Act Suit

    A Tennessee federal judge has certified a class of former Vanderbilt University Medical Center workers who claimed they received insufficient notice of layoffs, rejecting the university’s argument that two groups of employees laid off at different times couldn't be combined to allow a claim under the Worker Adjustment and Retraining Notification Act.

  • September 19, 2014

    CVS Escapes EEOC Suit Over Severance Pact

    An Illinois federal judge on Thursday dismissed a U.S. Equal Employment Opportunity Commission lawsuit that alleged that CVS Pharmacy Inc.’s employee separation agreement restrains employees’ rights to file discrimination charges.

  • September 19, 2014

    Hillshire To Pay $330K To Settle Anti-Male Bias Claims

    Hillshire Brands Co. on Thursday settled U.S. Department of Labor claims it discriminated against 2,474 male applicants, while receiving millions in government contracts, and agreed to pay $330,000 and to offer 73 of them jobs.

  • September 19, 2014

    USAID Contractor Seeks To Revive Suit Against US In DC Circ.

    A U.S. Agency for International Development contractor who was imprisoned in Cuba for his pro-democracy work urged a D.C. Circuit panel on Friday to resurrect his negligence claims against the federal government, claiming it shouldn't be immune from paying damages.

  • September 19, 2014

    Securitas Guard Vacation Pay Class To Be Certified

    A California federal judge on Thursday said he would give early certification to a class of Securitas Security Services Inc. guards alleging the company’s vacation pay policy is essentially a bonus program in disguise, tasking the parties to agree on a class definition.

  • September 19, 2014

    Gov't Says Doctors Group Misrepresents FCA Allegations

    The federal government on Thursday hit back at IPC The Hospitalist Co. Inc.’s attempt to escape a whistleblower suit accusing the company of overbilling Medicare and Medicaid, telling an Illinois federal court that IPC had misrepresented its complaint in a bid to dismiss the case.

  • September 19, 2014

    Del Monte Blames $10M Tomato Harvest Loss On Staffing Co.

    A staffing company caused $10 million in losses when it failed to provide Del Monte Fresh Production Inc. with enough workers during the peak of the tomato harvest, according to a complaint filed Thursday in Florida federal court.

  • September 19, 2014

    Kuwaiti Contractor Gets FCA Claims Trimmed To $40M

    A California federal judge trimmed $25 million from a False Claims Act suit brought against Kuwaiti contractor The Public Warehousing Co. but kept $40 million worth of claims, saying a whistleblower adequately alleged that the company deliberately overcharged the U.S. military under logistical support contracts in Iraq and Kuwait.

  • September 19, 2014

    FCA Free Speech Defense Tested In DOJ-PhRMA Fight

    A fiery feud in California federal court between the U.S. Department of Justice and Pharmaceutical Research and Manufacturers of America shows the gloves are finally off in a fight that will shape the future of False Claims Act litigation, experts say, with opposing sides clashing over whether the First Amendment always shields honest off-label promotion.

  • September 19, 2014

    Jewel-Osco Slams EEOC's Backing Of Contempt Proposal

    Supermarket chain Jewel-Osco urged an Illinois federal judge to reject a magistrate judge's recent report recommending it be held in contempt for violating a consent decree by failing to accommodate disabled workers, saying the U.S. Equal Opportunity Employment Commission fell short of proving the report used the correct legal standard.

  • September 19, 2014

    Axioma Must Disclose Source Code In Trade Secrets Battle

    Investment risk-metrics company Axioma Inc. must disclose additional source code versions in a trade secrets suit brought by competitor MSCI Inc. that claims former "faithless employees" schemed to pilfer its technology, a New York state appeals court ruled Thursday.

  • September 18, 2014

    Texas Firm Branscomb Snags Ex-Bracewell Employment Pro

    Branscomb PC has lured an attorney from Bracewell & Giuliani LLP with expertise defending employers in discrimination disputes and drafting employee handbooks to boost its labor and employment team in San Antonio, the firm announced this month.

  • September 18, 2014

    McKinsey Consultants Settle Row Over Defections From Rival

    Turnaround firm AlixPartners LLP and a pair of former employees who defected to a McKinsey & Co. unit settled on Thursday their dispute over whether the departed consultants stole trade secrets and breached employment contracts on their way out the door.

  • September 18, 2014

    Boeing Beats Worker Asbestos Suit In Wash. High Court

    The Washington Supreme Court on Thursday found that a state law prevents the estate of a former Boeing Co. worker from suing the aircraft maker for his mesothelioma, finding that the plaintiffs hadn't shown that Boeing knew the injury would certainly occur.

  • September 18, 2014

    NY AIG Ruling Shifts Workers' Comp Fights Back To Calif.

    American International Group Inc. can't force businesses into New York arbitration over side agreements governing California workers' compensation insurance, an Empire State appellate court has found, a ruling experts say gives employers a stronger hand in policy payment fights by shifting the playing field back to a state where the law is considered more friendly to policyholders.

  • September 18, 2014

    KPMG Decries Futile Discovery 'Frolic' In $400M Sex Bias Suit

    KPMG LLP urged a New York federal judge on Thursday to penalize employees accusing the firm in a $400 million Equal Pay Act collective action of underpaying female client service and support professionals for allegedly wasting the court's time with baseless discovery filings.

  • September 18, 2014

    Retirees Urge High Court To Uphold Lifetime Health Benefits

    Retirees bringing a class action against M&G Polymers USA LLC have asked the U.S. Supreme Court to find that their right to lifetime health care was guaranteed at retirement, claiming the issue of whether a company’s health obligation extends beyond the termination of a collective bargaining agreement should be guided by intent.

  • September 18, 2014

    JG Wentworth Dodges Former Execs' $35M Tax Suit

    The Delaware Chancery Court on Thursday axed a lawsuit filed by two J.G. Wentworth Inc. co-founders who say they were entitled to $35 million under a tax receivable agreement after finding the company did not undergo a change in control necessary for the payment.

  • September 18, 2014

    BMW Tries To Turn Tables On EEOC Over Background Checks

    The federal court overseeing a U.S. Equal Employment Opportunity Commission race bias suit over BMW Manufacturing Co. LLC's use of criminal background checks in hiring should force the EEOC to hand over information on its own applicant screening practices, BMW said Wednesday. 

Expert Analysis

  • Another Victory For Arbitration Agreements In Calif.

    Joshua A. Rodine

    The California Court of Appeal's recent decision in Tiri v. Lucky Chances Inc. suggests that a clear and unmistakable delegation clause in an employment arbitration agreement subject to state law will be enforced provided the clause itself is not unconscionable. Had the state appellate court affirmed a trial court's order dismissing arbitration then delegation clauses in California would have been rendered meaningless, say Joshua R... (continued)

  • How Bitcoin Will Bring About A Legal Practice Revolution

    Stephanie D. Alexander

    Crypto law, where transactions can be written in math-based computer code, is coming, and probably much quicker than lawyers might project. This means that practitioners must start educating themselves about Bitcoin and its evolutionary changes to law. It also means that lawyers should start thinking about how they can fit their services into such crypto contracts and transactions, says Stephanie Alexander of Tripp Scott.

  • The Rebranding Of 'But-For' Causation In Title VII Cases

    Tom Harrington

    A Title VII retaliation case is often won or lost, especially at the summary judgment phase, by either demonstrating or, for management's counsel, attacking causation. Burrage v. United States must be considered a win for the plaintiffs' bar — the decision's reasoning effectively rebrands the "but-for" standard for causation and is likely to go a long way in aiding employees that bring claims under Title VII, say Tom Harrington and... (continued)

  • How To Control Your Law Firm's Real Estate Costs

    John Sikaitis

    With profitability per partner largely flat-lining among the AmLaw 100, firms are focused on strategies to nudge the numbers upward. While its impact is less obvious, a smart real estate strategy can enhance partner profitability in a number of ways, says John Sikaitis of real estate advisory firm Jones Lang LaSalle Inc.

  • 10 Important Aspects Of The CFTC Whistleblower Program

    Gregory S. Kaufman

    With the announcement of its first award, the U.S. Commodity Futures Trading Commission’s whistleblower award program is expected to gain momentum. Companies should be cognizant of the protections that are afforded to whistleblowers under the anti-retaliation provisions of the Commodity Exchange Act and CFTC regulations, and how these protections may limit contractual agreements, say attorneys with Sutherland Asbill & Brennan LLP.

  • Where US And Korean Labor Laws Divide

    C.W. Hyun

    Korean labor and employment law, codified in the aftermath of the Korean War, traces its roots to Japan and Germany and is markedly different from labor law in the U.S. Philosophical differences between the Korean and American labor markets are reflected in the different processes in which management may terminate and compensate employees as well as what negotiating tactics are deemed permissible when interacting with unions, say C... (continued)

  • Beating The Heat With Calif.'s New 'Recovery Period' Law

    Gary M. McLaughlin

    A new addition to California labor law this year has existing requirements for one additional hour of pay now applying to "recovery periods" for employees working outside in high temperatures. Although recovery periods are not new, until now there was no monetary remedy available to employees, which will likely spur litigation as the summer months begin, say Gary McLaughlin and Christopher Petersen of Akin Gump Strauss Hauer & Feld LLP.

  • Contracting For Irreparable Harm

    Michael Frisch

    No lawyer should promise that an irreparable harm provision is a surefire way to secure an injunction. In the best-case scenario, the client is essentially afforded a presumption of enforceability — but if the facts do not support a finding of irreparable harm, the client will find itself out of luck. Under the least favorable circumstances, the provision will be largely ignored, say attorneys with Mayer Brown LLP.

  • Can Bankrupt Law Firms Claw Back 'Unfinished Biz' Profits?

    Lauren Friend McKelvey

    On June 4, the New York Court of Appeals will hear arguments arising from the Thelen LLP and Coudert Brothers LLP bankruptcies as to whether former partners of bankrupt law firms must turn over profits earned after the bankrupt firms’ dissolution on billable-hour client matters they brought to their new firms. While the decision will only be binding precedent in New York, it will likely be cited by the prevailing side as persuasive... (continued)

  • Job Safety Concerns May Permit Post-FMLA Medical Exams

    John R. Carrigan Jr.

    White v. City of Los Angeles may give California employers a basis for seeking a medical opinion regarding an employee's fitness for duty, particularly when the employee's ability to perform essential job functions safely is in doubt. Notably, while the court observed that its decision applies to all employees who take leave under the Family Medical Leave Act, the court made clear that medical examinations would not be appropriate ... (continued)