• November 25, 2015

    Ex-Faruqi Atty Sues For Slice Of Firm’s Leucadia Suit Fees

    An ex-Faruqi & Faruqi LLP partner who testified in a recent sex assault case against the firm launched a New York federal suit Wednesday, saying Faruqi didn’t pay her for work in shareholders’ litigation challenging Leucadia National Corp.'s $3 billion deal for Jefferies Group Inc.

  • November 24, 2015

    Urban Outfitters' Call-In Shifts Are Illegal, Suit Says

    Urban Outfitters Inc. and subsidiaries Anthropologie Inc. and Free People Inc. have been hit with a putative class action in California state court, alleging they use a call-in scheduling policy that violates California labor law.

  • November 23, 2015

    Former Benghazi Investigator Sues Committee For Firing Him

    A former House Benghazi Committee investigator sued the committee and leader Rep. Trey Gowdy, R-S.C., on Monday in D.C. federal court, accusing the committee of firing him for taking leave for military service and saying the congressman defamed him in the media.

  • November 19, 2015

    Black Elk, Contractors Indicted For Roles In 2012 Oil Blast

    Black Elk Energy and contractor Grand Isle Shipyard were hit with manslaughter charges for allegedly failing to follow safety protocols leading up to a 2012 oil production platform explosion, which killed three workers and spilled oil into the Gulf of Mexico, the U.S. Department of Justice said Thursday.

  • November 19, 2015

    Honduran Workers Sue Florida Farm Over Recruiter Fees

    Honduran guest laborers who picked strawberries at a Florida farm have sued their former employer under the Fair Labor Standards Act for failing to stop a foreign labor contractor from demanding exorbitant recruitment and hiring fees.

  • November 16, 2015

    Migrant Workers Sue DOL Over Prevailing-Wage Ruling

    The U.S. Department of Labor violated its own regulations by allowing seasonal employers to challenge a prevailing wage requirement for temporary nonagricultural workers, a proposed class of workers claimed in Maryland federal court Friday, saying the agency's actions have kept them from receiving their rightful pay.

  • November 16, 2015

    NYC Traffic Hearing Officers Sue For Employee Status

    A pair of New York City administrative law judges have hit the city and state with a proposed class action, challenging a 1972 state law that they say violates the state constitution by denying them classification as full-time employees.

  • November 13, 2015

    Ex-NFL Player's Survivors Go It Alone In Head Injury Suit

    The family of a former professional football player posthumously diagnosed with a serious brain condition has sued the NFL in New York state court for allegedly hiding the sport’s head trauma risks, opting to pursue an individual claim rather than participate in a settlement challenged by some players.

  • November 12, 2015

    Kane, Daily News Sued Over Ex-Pa. AG Staffers' Emails

    A former high-ranking Pennsylvania prosecutor and an ex-state police commissioner touched by the “porngate” scandal were among five individuals who sued state Attorney General Kathleen Kane and the Philadelphia Daily News on Thursday over the alleged release of their private emails.

  • November 10, 2015

    Texas Firm Sues To Block Ex-Associate From Poaching Clients

    A Dallas-area law firm filed suit in state court Monday to stop a recently terminated associate attorney, who purportedly instructed a client to ignore a judge’s order, from allegedly continuing to use the firm’s proprietary information to steal clients and to force her to return data and equipment it says is in her possession.

  • November 10, 2015

    Florida Golf Club's OT Pay Not Up To Par, Suit Says

    A South Florida country club and golf venue has been hit with a putative collective action by a former sous chef for allegedly shortchanging club employees on federally required overtime wages.

  • November 10, 2015

    Blue Shield Sues Former Exec Over Divulged Secrets

    Blue Shield of California is suing a former executive for allegedly divulging confidential records as part of his attacks on the health insurance company’s alleged abuse of nonprofit status.

  • November 10, 2015

    Exec Fired For Trying To Report Toxic Gas Problems, Suit Says

    A former Inhance Technologies LLC executive filed suit against the chemicals company on Monday in Texas state court, alleging he was fired for wanting to report environmental and safety violations to the federal government in defiance of management’s requests.

  • November 10, 2015

    Payless Sued By Managers Over OT, Off-The-Clock Work

    Payless Shoesource Inc. store managers on Monday hit the shoe retailer with a collective action in Florida federal court over allegations that they were denied overtime wages due to a fluctuation in their exempt status and that off-the-clock work is a “de facto” common practice throughout the company.

  • November 9, 2015

    Top Rodeo Cowboys Say Sports Body Fighting For Monopoly

    The Professional Rodeo Cowboys Association was hit with a putative class action in Texas federal court Monday for allegedly attempting to maintain a monopoly in the rodeo industry by barring athletes from competing in a new rodeo group formed by the sport's top athletes.

  • November 9, 2015

    Outsourcing Firm Gave Foreign Workers Raw Deal, Class Says

    Outsourcing services provider Accenture was slapped with a class action in New York state court Friday by immigrant software engineers who accused the company of discrimination by paying U.S. workers higher salaries and affording them a better benefits package.

  • November 6, 2015

    Nextel Faces Workers' Reframed Bribery, Racketeering Suit

    A group of onetime Nextel Communications Inc. workers who filed a lawsuit against their employer and a law firm nearly a decade ago alleging bribery and malpractice asked in New York federal court Friday for permission to file a new complaint after the Second Circuit undid certification of their class.

  • November 6, 2015

    LA Port Operators Sued Over Fees During Labor Slowdown

    A company that imports plastic bags has hit a group of Los Angeles port terminal operators and equipment providers with a proposed class action, saying the companies charged unlawful fees in connection with a labor protest-related port slowdown.

  • November 6, 2015

    Fla. County Clerk Misclassified Staff As Exempt, Suit Says

    A former employee claimed in a Fair Labor Standards Act suit filed earlier this week that the Pasco County, Florida, clerk and comptroller misclassified her and potentially hundreds of other staffers as exempt employees over the past three years, failing to pay them overtime compensation and other benefits.

  • November 5, 2015

    Big Lots Accused Of Background Check Violations

    Discount retail chain Big Lots Stores Inc. was hit with a proposed class action suit this week in Philadelphia alleging it routinely violated federal law in the way it executed background checks on employees.

Expert Analysis

  • OPINION: In Search Of Our Best Law Firm Selves

    James Maiwurm.jpg

    Several developments over the past few months caught the eye of Jim Maiwurm, chairman emeritus of Squire Patton Boggs. Try as he might, he could not resist the temptation to comment on a few — such as the expansion of the Dentons “polycentric” empire, a confused verein controversy, and provocative suggestions that the law firm partnership model is a dinosaur.

  • Employers, Are You Prepared For Cyber Monday?

    Peter J. Stuhldreher

    Roughly 127 million people shopped on Cyber Monday last year — significantly more than the estimated 87 million in-store, Black Friday shoppers. Given the temptation for employees to use company or personal devices to shop for deals while at work, the shoppers’ “holiday” serves as a reminder for employers regarding the appropriate scope of their policies, say Peter Stuhldreher and Carmen Jo Rejda-Ponce of Reed Smith LLP.

  • 5th Circ. Clarifies And Complicates Choice-Of-Law Analysis

    Michael D. Karpeles

    As companies grow and expand into multiple states, determining the applicable law for restrictive covenants can be puzzling. In a case related to the merger of Prosperity Bank in Texas and F&M Bank in Oklahoma, the Fifth Circuit provides a useful road map, but also demonstrates that there is no certainty that the chosen law will be enforced against employees in other states, says Michael Karpeles of Greenberg Traurig LLP.

  • Inside DOD Whistleblower Rule For Confidentiality Agreements

    Albert B. Krachman

    The U.S. Department of Defense is now prohibited from contracting with firms that bind employees to confidentiality agreements that restrict their ability to report fraud, waste or abuse to appropriate investigative authorities. Albert Krachman and Stefanos Roulakis of Blank Rome LLP explore issues raised by the new regulations and the risks posed by noncompliance.

  • Key Takeaways From The SEC’s 2015 Whistleblower Report

    Christian R. Bartholomew

    The U.S. Securities and Exchange Commission's recently released whistleblower report makes clear that the commission will continue to focus on issues raised in the case of KBR, and that it is actively interested in any company documents, policies or statements suggesting that an employee talks to the SEC at his or her own peril, say attorneys with Jenner & Block LLP, including a former SEC trial lawyer.

  • New Federal Rules Acknowledge It’s Time To Drop The 'E'

    Gregory Leighton

    The amendments to the Federal Rules of Civil Procedure scheduled to take effect Dec. 1 are designed to usher in a new era in the U.S. litigation system, this time acknowledging that what was once known as “e-discovery” is now just discovery. The amendments are sweeping in scope, but none is more important than the revised Rule 37(e), say Gregory Leighton and Eric Choi of Neal Gerber & Eisenberg LLP.

  • A Lawyer's Guide To Analyzing Age Discrimination Claims

    Lauren Levine

    In her Ehrbar v. Forest Hills Hospital ruling, Eastern District of New York Judge Margo Brodie deconstructs a motion for summary judgment dismissal of a disparate treatment age discrimination claim, and in doing so, provides both plaintiff and defense lawyers with a useful compendium of arguments, defenses, and the current state of age discrimination case law in the Second Circuit, say attorneys with Garfunkel Wild PC.

  • Safe Harbor Needed For Arbitral Rights In Absent Class Claims

    Richard A. Ripley

    To determine a waiver of arbitral rights, circuit courts generally look at whether the party seeking arbitration takes action in litigation inconsistent with its arbitration rights, and whether that action prejudices the plaintiff. However, two 2015 decisions — Checking Account Overdraft Litigation and Healy v. Cox — reveal that framework as an ill-fitting suit when the waiver implicates absent putative class members, says Richard ... (continued)

  • Class Counsel Fees Getting 'Intense Judicial Scrutiny'

    Carolyn Cole

    Recognizing that defendants have no duty and little incentive to object to an inflated class counsel fee request, and that class counsel have every incentive to increase their fees, Judge Richard Posner and the Seventh Circuit have filled this void by directing “intense judicial scrutiny” of class counsel fee awards. In doing so, the court identified issues all counsel now should consider when crafting a class action settlement, sa... (continued)

  • A Brief Window: Border Security Fee Sunset Won't Last

    Brian Coughlin

    If employers file their H-1B and L-1 petitions before the border security fee is reauthorized — which could be soon, given the apparent support for such legislation in Congress — they will realize a more than 45 percent decrease in government fees for new H-1B petitions and a more than 73 percent decrease in government fees for L-1 petitions, say Brian Coughlin and David Iannella of Fragomen Del Rey Bernsen & Loewy LLP.