The National Labor Relations Board said Wednesday that a communications service company's rule against employees creating “disruptions” violated federal labor law, but it stopped short of a broader ruling on whether employees' emails to each other are protected organizing activity.
A retirement fund and a number of banks including IndyMac Bancorp Inc. and Goldman Sachs & Co. involved in a row over mortgage-backed securities told the U.S. Supreme Court Thursday that an appeal over whether a tolling provision should apply to certain securities suits won't be impacted by a proposed settlement in the underlying class action.
The U.S. Equal Employment Opportunity Commission sued North Carolina beer distributor Mims Distributing Company Inc. Thursday for allegedly refusing to hire a man who refused to cut his hair due to his Rastafarian religious beliefs.
The Pennsylvania Supreme Court ruled Wednesday that the state’s Department of Environmental Protection had broad authority to issue orders forcing coal mine operators to adopt specific safety measures, reversing a lower court ruling that favored affiliates of Alpha Natural Resources Inc.
A Kentucky federal judge on Wednesday ruled that the court lacked subject-matter jurisdiction to declare that Standard Retirement Services Inc. is not liable to Kentucky Bancshares Inc. for defense costs or a $1.3 million judgment in an earlier suit involving a terminated pension fund, while denying Standard's bid to disqualify Kentucky Bank counsel Dinsmore & Stohl LLP.
The National Football League on Wednesday called for the end of a suit that was first dismissed in 2012, asking a Minnesota judge to nix players’ claims that teams colluded to stunt salaries during the uncapped 2010 season, saying the case should be closed “once and for all.”
Vertex Pharmaceuticals Inc. and Gilead Sciences Inc. asked a Massachusetts federal judge on Wednesday to dismiss a trade-secrets suit accusing Gilead of poaching a high-level Vertex employee with access to confidential data on its soon-to-be-discontinued Incivek hepatitis C drug, after they reached a settlement.
A Third Circuit panel on Wednesday ruled that Commerce Bank's former CEO is not entitled to an unpaid $17 million severance package, finding the bank was legally barred from paying out the "golden parachute" because it was in a "troubled condition."
A writer for "The Outer Limits" and other television shows urged a California appellate panel on Wednesday to revive his fraud suit against advisory firm LPL Financial LLC over an $8 million Ponzi scheme by an LPL contractor who targeted entertainment industry professionals, saying LPL should have detected suspicious activity.
A company facing fraud charges over contracts to build armored vehicles for the U.S. military in Iraq asked a Virginia federal court to toss most of the amended claims in a related whistleblower action, arguing the allegations still do not show the company fraudulently induced the contracts.
The U.S. Equal Employment Opportunity Commission on Wednesday sued call center operator VXI Global Solutions Inc., alleging in California federal court the company failed to address widespread sexual harassment of both female and male workers and retaliated against employees who complained.
The U.S. Chamber of Commerce on Tuesday urged the Fifth Circuit not to overturn an order limiting discovery in long-running False Claims Act litigation in which two whistleblowers allege State Farm Fire & Casualty Co. submitted fraudulent Hurricane Katrina claims to the National Flood Insurance Program, arguing that further discovery by the plaintiffs is unwarranted.
The Ninth Circuit on Monday said a bid from Google Inc. and other tech giants for a quick review of a judge's rejection of their proposed $324.5 million antitrust settlement merited a reply from the engineers who accused the companies of agreeing not to poach one another's employees.
A pending U.S. Supreme Court case that turns on whether former Amazon.com warehouse workers must be paid for time spent on anti-theft security screenings could invite businesses to impose “all kinds of mandatory off-the-clock work” on employees, veteran Supreme Court advocate Eric Schnapper, who represents the plaintiffs, told Law360 in a recent interview.
The Pennsylvania Commonwealth Court on Wednesday declined to dismiss Treasurer Rob McCord’s lawsuit seeking a declaration that the state's Right To Know Law barred a nonprofit labor reform group's request for the personal information of state employees.
The Los Angeles City Council on Wednesday gave its initial approval to a proposal to raise the minimum wage for certain Los Angeles hotel workers to $15.73 per hour, despite concerns raised that the move could hurt existing businesses and new development.
Aerodoc Inc., which ships satellite signal decoders around the world for the likes of Fox, ESPN and HBO, has filed suit in Florida state court against three former employees and the rival company it claims they built on stolen trade secrets.
A Florida appeals court said Wednesday that highway maintenance contractor VMS Inc. could assert workers' compensation immunity in a negligence suit filed by a sub-subcontractor's employee because VMS had fulfilled its statutory duty by securing coverage for its subcontractor.
McKenna Long & Aldridge LLP has hired the former head of Haight Brown & Bonesteel LLP’s appellate practice who also worked on its product liability, business litigation, employment and government liability practices, the firm announced Wednesday, marking the third partner to join its Los Angeles office this month.
A Washington, D.C., federal judge said Wednesday that he will toss manufacturer Case New Holland Inc.'s lawsuit over the U.S. Equal Employment Opportunity Commission sending a mass email to its employees asking for age discrimination claims, saying the company hasn't shown how it was injured by the email blast.
The use of spreadsheets to support compliance and risk management results in slow, manual processes with, among other risks, opportunities for error and difficulty in responding to auditors and regulators. But these consequences are understandable. Rather, the challenge for many organizations lies in determining whether governance, risk and compliance solutions can provide a sufficient improvement to justify the investment, says Da... (continued)
Some hospitality employers are hesitant to impose strict dress or appearance guidelines for fear of encroaching on employees’ freedom to express themselves. But a well-written policy can help protect a company’s public image, promote a productive work environment, comply with health and safety standards, and even prevent claims of discrimination and harassment, says Andria Ryan of Fisher & Phillips LLP.
Medical device manufacturer Medtronic Inc.'s $9.9 million settlement with the U.S. Department of Justice over alleged promotions and kickbacks to physicians reflects the growing importance of qui tam relator proceedings under the False Claims Act to the government’s enforcement efforts, say Connie Bertram and Daniel Davis of Proskauer Rose LLP.
Unusual equitable considerations likely factored into the decision by the U.S. District Court for the Northern District of California in EEOC v. Walgreens. But regardless of the circumstances, the ultimate holding — that an employer’s reliance on a neutral, job-related workplace conduct policy may not insulate it from Americans with Disabilities Act liability — is troubling for employers, say Daniel McCoy and Dan Ko Obuhanych of Fe... (continued)
The newly proposed version of Federal Rule of Civil Procedure 37(e) recognizes that the problem of preserving electronically stored information is only going to get worse. One industry expert reported that there will be some 26 billion devices connected to the Internet in six years — more than three for every person on earth, says William Wagner of Taft Stettinius & Hollister LLP.
Commentators have responded swiftly to Barko v. Halliburton Co., condemning it as wrongly decided and warning of its potentially grave impact on company counsel’s ability to conduct comprehensive internal investigations without fear of having to disclose privileged materials to civil plaintiffs or others. Although the D.C. Circuit's decision on KBR Inc.’s writ of mandamus should issue soon, it will likely not mark the end of the st... (continued)
As future decisions shape the limits of the U.S. Supreme Court's ruling in Lawson v. FMR LLC, some private employers could be off the hook from Sarbanes-Oxley liability for whistleblowing activity. But for many companies, Section 806 is a new reality barring congressional action and will remain a top concern for private employers that enter into long-term contracts providing legal, accounting or other financial services to a public... (continued)
In advising the U.S. Supreme Court to deny certiorari in KBR Inc. v. U.S., the solicitor general relied on outdated World War II-era precedent on the question of whether the Wartime Suspension of Limitations Act applies to the civil False Claims Act, and downplayed a direct circuit split on the first-to-file issue. The solicitor general also failed to consider the enormous real-world consequences of these issues, not just for tradi... (continued)
There are hundreds of third-party vendors for legal technology and services, so it’s vital that general counsel and law firms carefully evaluate them on a range of criteria that do not focus on unit price alone, says Lauren Leonard of UnitedLex Corp.
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)