Employment

May 15, 2013
NLRB Facebook Cases No Ploy To Boost Reach, Director Says

A series of recent National Labor Relations Board rulings applying federal labor law to worker conduct on Facebook is a product of social media's popularity, not the NLRB trying to increase its influence in nonunion workplaces, a regional director told Law360 Wednesday.
May 13, 2013
Kelley Drye Lures Labor Pro Back From Littler Mendelson

A 22-year veteran of Kelley Drye & Warren LLP who left the firm in May 2010 for Littler Mendelson PC has returned to chair Kelley Drye’s labor and employment practice with an eye to expanding its footprint, the firm said Monday.
May 6, 2013
Jackson Lewis Adds Severson Employment Guru In SF

Jackson Lewis LLP has nabbed the former co-chair of Severson & Werson's labor and employment practice group to bolster the ranks of its San Francisco office, the firm announced on Monday.
May 6, 2013
Epstein Becker Snags Clifford Chance Employee Benefits Pro

Epstein Becker & Green PC has bolstered its New York employee benefits practice by landing a former Clifford Chance LLP partner with vast experience in executive compensation and Employee Retirement Income Security Act issues, the firm said Monday.
May 3, 2013
Littler Nabs 6 More Ogletree Attys After High-Profile Defection

Littler Mendelson PC confirmed Friday that it had lured six attorneys from fellow labor and employment boutique Ogletree Deakins Nash Smoak & Stewart PC, in addition to the seven laterals it snagged last week in the wake of a bitter break between Ogletree and the former managing partner of the firm's Kansas City, Mo., office.
May 2, 2013
Ex-Burr & Forman Employment Pro Joins Barnes & Thornburg

The roster of Barnes & Thornburg LLP's Atlanta location grew to 23 attorneys with the addition of a former Burr & Forman LLP partner who joined the office Wednesday as a partner in its labor and employment law department, the firm announced.
May 2, 2013
Armstrong Teasdale Lands 2 Employment Attys In St. Louis

Armstrong Teasdale LLP has landed a labor relations partner as well as an employment law associate from Missouri law firm The Lowenbaum Partnership LLC to join its employment and litigation practice groups in St. Louis.
May 2, 2013
Reed Smith Nabs Jones Day, Akin Gump Attys In Houston

Reed Smith LLP has hired two new partners in the employment and commercial litigation groups at its newest office in Houston from Jones Day and Akin Gump Strauss Hauer & Feld LLP, bringing the total number of partners in Houston to 16, Reed Smith announced Thursday.
May 1, 2013
Sheppard Mullin Adds Labor Pro to Boost Employment Group

Sheppard Mullin Richter & Hampton LLP announced Wednesday that an international labor law expert has joined the firm as a partner from Baker & McKenzie LLP, adding his expertise to its expanding labor and employment practice.
April 30, 2013
Constangy Picks Up Wage-And-Hour Pro For NJ Office

National labor and employment firm Constangy Brooks & Smith LLP has lured a former Stark & Stark PC shareholder with expertise in wage-and-hour disputes and discrimination prevention and defense to join its Princeton, N.J., office, the firm said Tuesday.
April 30, 2013
Polsinelli Lands Ex-Bracewell Employment Pro In Dallas

Polsinelli PC has landed a seasoned labor and employment partner from Bracewell & Giuliani LLP to join its Dallas office as a shareholder specializing in the energy, health care, financial services and defense contracting sectors, the firm announced Thursday.
April 26, 2013
White House Names FTC's Shelanski To Lead Oversight Body

The White House on Thursday nominated Federal Trade Commission official and former Davis Polk & Wardwell LLP attorney Howard Shelanski to head the government oversight body that reviews all agency draft regulations before they are published.
April 26, 2013
Cohen Milstein Partner Approved As EEOC Commissioner

The U.S. Senate confirmed Cohen Milstein Sellers & Toll PLLC partner Jenny Yang on Thursday to serve on the U.S. Equal Employment Opportunity Commission, adding a seasoned plaintiffs' attorney who represented a class of 1.5 million women in the landmark Dukes v. Wal-Mart sex discrimination class action.
April 25, 2013
Ropes & Gray Adds Mass. Wage Law Enforcer In Boston

Ropes & Gray LLP has enhanced its labor and employment practice by adding the attorney who has spearheaded Massachusetts' enforcement of its wage-and-hour laws since 2010 to its Boston office, it said Wednesday.
April 23, 2013
Sheppard Mullin Adds 7 Kelley Drye Attys In NYC

Sheppard Mullin Richter & Hampton LLP has expanded its New York City office with the addition of seven attorneys from Kelley Drye & Warren LLP and attorneys from Richards Kibbe & Orbe LLP and Morrison & Foerster LLP, bolstering the firm's employment, white collar and transactions practice areas, it said Monday.
April 18, 2013
Ex-Morgan Lewis Partner Will Head Drinker Biddle ERISA Team

Drinker Biddle & Reath LLP has tapped a former Morgan Lewis & Bockius LLP partner out of Chicago to chair the firm's national employee benefits and Employee Retirement Income Security Act litigation team, it said Wednesday.
April 17, 2013
Littler Lures Labor & Employment Guru From Venable In DC

Littler Mendelson PC said Tuesday that it had lured over a veteran labor and employment attorney and former chairman of Venable LLP's labor and employment practice to its Washington, D.C., office, where he plans to help businesses fight back against regulatory overreach.
April 17, 2013
Cooley Nabs Ex-Epstein Becker Health Practice Head

Cooley LLP has lured the leader of Epstein Becker & Green PC’s health and life sciences practice to its New York office, the firm said Tuesday, ramping up its capabilities in the white-hot realm of False Claims Act defense.
April 17, 2013
Ogletree Opens Its 44th Office With Ex-Troutman, LeClair Attys

Labor and employment firm Ogletree Deakins Nash Smoak & Stewart PC will open an office in Richmond, Va., this week with three attorneys formerly with Troutman Sanders LLP and LeClairRyan, making it the firm’s 44th location worldwide, it announced Wednesday.
April 15, 2013
Debevoise Taps Partner To Replace SEC Chairman White

Debevoise & Plimpton LLP has appointed white collar and employment law partner Mary Beth Hogan to replace Mary Jo White as co-chairwoman of the firm’s litigation department, after White was sworn in as chairman of the U.S. Securities and Exchange Commission, the firm said Monday.

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Expert Analysis

Rise Of The Machines — Predictive Coding Goes Mainstream

The pros of using predictive coding far outweigh the cons. Given the heavy pressure on law firms and in-house counsel to reduce discovery costs, as well as the Justice Department's recent stance on the subject, it appears predictive coding will continue to emerge from the obscure world of legal technology to the mainstream of legal practice, say Michael Moscato and Myles Bartley of Curtis Mallet-Prevost Colt & Mosle LLP.
The Evolution Of Ohio's Statute On Employer Tort Claims

With the recent change in Ohio law on employer intentional tort claims comes changes to the good faith obligations an insurance carrier owes to its insureds: In cases involving employer intentional tort claims, insurers may no longer select counsel. Rather, insureds have the right to select counsel with whom they have a preferred relationship and whom they trust, says Thomas Wyatt Palmer of Thompson Hine LLP.
A New Procedural Trend In Qui Tam FCA Cases

As the federal government faces increased pressure from courts and Congress to speed up intervention decisions in qui tam False Claims Act cases, it is starting to respond by postponing those decisions until after the cases have been unsealed, which could drastically impact how these cases are litigated while the government is waiting in the wings, say attorneys with Nixon Peabody LLP.
High Court's Nassar Case — What's At Stake For Employers

The U.S. Supreme Court recently heard argument for University of Texas Southwestern Medical Center v. Nassar, and while the case seems promising for employers, it should also remind them that their best protection against retaliation claims will continue to be contemporaneous written evidence of a real reason for taking unfavorable actions against an employee, say attorneys with Seyfarth Shaw LLP.
NY Jumps On Domestic Violence Protection Bandwagon

In the last few years, there have been significant legal developments to increase protections for victims of domestic or sexual violence, including New York state's recently approved bill that provides 90 days of job protection to victim-employees. If the bill passes, New York legislation, along with that of Illinois and California, would provide arguably the most expansive state protection in the country, say attorneys with Proskauer Rose LLP.
Calif. Moves Forward To Prevent Human Trafficking

In an effort to combat the $32 billion human trafficking industry, California law now requires certain businesses to post public notices regarding slavery and human trafficking. By doing so, the recently passed bill has effectively made these establishments aware that they may already be unwitting participants in the human trafficking industry, say attorneys with Gordon & Rees LLP.
SEC Must Stop The Latest Effort To Impede Whistleblowers

Increasingly, employees have been presented with language in severance and settlement agreements that impose on whistleblowers a number of restrictions. These provisions pose a serious threat to the success of the U.S. Securities and Exchange Commission's whistleblower program, say David Marshall and Debra Katz of Katz Marshall & Banks LLP.
What Sponsors Must Know About Litigation On Church Plans

Recently, two firms have filed class actions against three Catholic Church-affiliated health care facilities, claiming that their pension plans should be subject to the Employee Retirement Income Security Act. These cases could have a profound effect on all church plan sponsors, regardless of whether they have previously obtained favorable church plan rulings, say attorneys with Drinker Biddle & Reath LLP.
Independent Contractors Strike Out — Lessons For Employers

A lesser-known risk among companies that use independent contractor models is the threat of Title VII litigation, which two recent appellate court decisions, Allen v. Radio One and Alam v. Miller Brewing Company, addressed. These cases remind employers of the ways to minimize such litigation risks, such as adopting a policy to not rehire former employees terminated for misconduct, says Douglas Darch of Baker & McKenzie.
Renovated: Fla. Rules On Design Professional Liability

A new Florida law will effectively permit business entities providing professional services to limit by contract the liability of their individual employees or agents. Attorneys with design professional clients — including architects, interior designers, landscape architects, engineers, surveyors and geologists — should expect requests for limitation of liability provisions in such contracts beginning July 1, 2013, say Keith Ramsey and Monte Starr of Holland & Knight LLP.

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