• March 23, 2018

    ABM Hit With Class Action Over Employee Data Breach

    Facility management company ABM Industries Inc. was hit with a putative class action in Illinois state court Friday over an alleged 2017 data breach that exposed employee biometric information to a hacker through what's known as a "phishing" attack.

  • March 23, 2018

    Harvard Prof Denied Tenure Loses Gender-Bias Suit

    Despite recognizing evidence of gender bias at Harvard University, a federal judge ruled in an order unsealed Friday that a former associate anthropology professor failed to prove the Ivy League school denied her application for tenure in 2013 because she was a woman or in retaliation for her advocacy of sexual assault victims.

  • March 23, 2018

    PBS Hits Back At Smiley In $1.9M Sex Misconduct Countersuit

    PBS has responded to former nighttime talk show host Tavis Smiley’s accusations that the network used unsubstantiated workplace sexual harassment claims as a pretext to drop his show, filing counterclaims that include findings from a harassment investigation it conducted and seeking $1.9 million in unreturned budget funds.  

  • March 23, 2018

    Atty Contempt Order Over Chipotle OT Row Gets Interim Stay

    A Texas federal judge on Friday stayed a contempt order against attorneys and their client for filing an overtime pay suit against Chipotle in New Jersey based on a rule the jurist had blocked, pausing the ruling until after he decides whether to stay the order while they appeal to the Fifth Circuit.

  • March 23, 2018

    Fox Must Face Local Reporter's Sex Bias Suit

    It's not enough for Twenty-First Century Fox Inc. to argue it has nothing to do with a local affiliate's alleged mistreatment of a TV reporter, without addressing her claims that Fox corporate's misogynistic culture trickled down to the local station, a New York federal judge ruled Thursday.

  • March 23, 2018

    Nurses Back AG On Staffing Question At Mass. High Court

    The Massachusetts Nurses Association on Thursday backed state Attorney General Maura Healey’s bid before the state’s high court supporting a proposed ballot question on whether hospitals can reduce staffing to meet certain patient ratios, which a group of taxpayers think is too confusing for voters.

  • March 23, 2018

    Employment Roundup: 5 Things You May Have Missed

    A former Atlanta Hawks front office employee slammed the team with allegations that it treats white workers worse than black workers, a pension fund sued a now-defunct trucking company to recover $90 million in withdrawal liabilities, and New York City lawmakers floated a bill banning employers from making workers respond to calls, texts and emails after hours. Here, Law360 looks at these and other developments that might have flown under attorneys' radar this month.

  • March 23, 2018

    NLRB Auditor Says Member Broke Ethics Rule

    National Labor Relations Board member Bill Emanuel violated the president’s ethics pledge by voting on a ruling that effectively relitigated a case involving his former firm, Littler Mendelson PC, but he likely didn’t mean to, the board’s internal auditor said in a recent letter to the board.

  • March 23, 2018

    MetLife Employees Win Conditional Cert. In $50M Wage Suit

    A New York federal judge on Thursday granted class certification to a group of MetLife claims specialists who allege the company misclassified their jobs to duck having to pay them and hundreds of other workers $50 million in overtime.

  • March 23, 2018

    Metro-North Didn't Deny Injured Worker Treatment: 2nd Circ.

    The Second Circuit on Friday vacated the U.S. Department of Labor’s determination that New York's Metro-North railroad unfairly denied medical treatment to a worker who injured his back on the job, saying there wasn’t enough evidence to back that finding.

  • March 23, 2018

    Gunster Welcomes Employment Litigator In Jacksonville

    Florida law firm Gunster has added a shareholder who it says will bolster its litigation work in Jacksonville, contributing to both its business litigation and labor and employment practice groups.

  • March 23, 2018

    Uncapped Nature Of NFL Concussion Deal Causing Hiccups

    One law firm in the NFL concussion deal raised potentially troubling questions over the league’s alleged “scorched earth” strategy against claimants' payout requests and over class counsel’s failure to stop it, but experts say it may take time to balance the competing interests in implementing the massive settlement caused by its not having a monetary cap.

  • March 23, 2018

    Alere, Feds Reach $33.2M Deal In Medical Device FCA Suit

    Alere Inc. and the federal government reached a $33.2 million civil settlement in a whistleblower’s Maryland federal court suit alleging the medical laboratory company submitted false claims to Medicare, Medicaid and Tricare for defective cardiac medical devices, the U.S. Department of Justice announced Friday.

  • March 23, 2018

    Bloomberg Can't Decertify NY, Calif. Classes In OT Suit

    A New York federal judge on Friday denied a push by Bloomberg LP to undo class certification in an overtime suit brought by help desk workers, saying the media giant’s recent reconsideration motion makes the same arguments she rejected when she gave the go-ahead to New York and California classes last fall.

  • March 23, 2018

    Incentives Get Weaker For Internal Whistleblower Reporting

    A record $83 million SEC whistleblower award has heightened concerns raised by a recent Supreme Court ruling that workers will increasingly forgo internal complaints and go directly to the SEC, a potentially harmful dynamic for U.S. companies and their shareholders, legal experts say.

  • March 23, 2018

    Ex-Prof Urges 3rd Circ. To Undo Settlement Over Syllabus

    A New Jersey attorney who formerly taught as an adjunct professor at Rider University asked the Third Circuit on Friday to revive a lawsuit aimed at getting rid of a settlement agreement he reached with the school after being accused of using another professor’s syllabus without permission.

  • March 23, 2018

    Ex-Oregon US Atty Suspended 90 Days For Lying About Affair

    The Oregon Supreme Court has suspended a former U.S. attorney for the state from practicing law for 90 days, following an investigation by the U.S. Department of Justice that found she improperly had a relationship with a subordinate while in office and lied to her supervisors about it.

  • March 23, 2018

    Chadbourne Gets Nod For $3.1M Deal Ending Sex Bias Suit

    A Manhattan federal judge has signed off on a $3.1 million deal to end a proposed class action brought by three female lawyers alleging that Chadbourne & Parke LLP, which merged with Norton Rose Fulbright LLP last year, systematically underpaid women.

  • March 22, 2018

    Atty's 'Possible Incompetence' May Save Coach Workers' Suit

    A California federal judge said Thursday insufficient evidence prevented him from certifying a class of Coach store managers who say they were misclassified as overtime-exempt, but added he’d likely let the workers try again with another attorney rather than “punishing [them] for the possible incompetence of the lawyer who’s representing them.”

  • March 22, 2018

    NY Restaurateur Sues 'Copycat' Chicago Wine Bar Over TM

    The owner of six Italian restaurants and wine bars in New York City sued two former employees in Illinois federal court Thursday, alleging the pair opened a "copycat" wine bar in Chicago in violation of the New York restaurants' trademarks on design and menu. 

Expert Analysis

  • Top Tax Changes For Law Firms: What Lawyers Need To Know

    Evan Morgan

    For those structured as corporations, the decrease in the maximum corporate tax rate and the repeal of the corporate alternative minimum tax offer good news. But since many law firms are organized as pass-through entities, several limitations on deductions mean they won’t see as much benefit from the new tax law as some other industries, says Evan Morgan of CPA and advisory firm Kaufman Rossin PA.

  • Nev. Gambling Regulators Mull Workplace Harassment Regs

    Kristen Gallagher

    While the Nevada Gaming Control Board's notice declaring its inherent interest in licensees’ sexual harassment policies and procedures makes it clear that the information is currently intended to be a guide, the board’s direction and intent to issue regulations and further standards is clear, say Kristen Gallagher and Laura Jacobsen of McDonald Carano LLP.

  • Opinion

    Companies Should Avoid The BigLaw Bonus Structure

    Michael Moradzadeh

    Since passage of the Trump tax plan last year, companies have been touting bonuses they’ve handed down to rank-and-file employees. This highlights the trend of employers favoring bonuses over pay raises in the belief that variable, short-term rewards are less risky to the business than permanent increases in labor costs. But law firms have used this strategy for years — and there are dangers, says Michael Moradzadeh of Rimon PC.

  • 5 Steps To Take After H-1B Premium Processing Suspension

    Elizabeth Espín Stern

    U.S. Citizenship and Immigration Services' recent announcement that it will temporarily suspend premium processing for the upcoming fiscal year’s H-1B petitions indicates the current suspension will apply only to fiscal year 2019. But as FY 2019 filings will only increase processing backlogs, the likelihood of a broader suspension of premium processing is material, say attorneys with Mayer Brown LLP.

  • Is DOL's New Self-Audit Program A Win-Win?

    Jim Coleman

    Employers will want to give careful consideration to whether the benefits of the U.S. Department of Labor's recently announced Payroll Audit Independent Determination, or PAID, program outweigh the negatives associated with having to turn themselves in to the Wage and Hour Division, says Jim Coleman of Constangy Brooks Smith & Prophete LLP.

  • The Hatch Act And Political Speech By Federal Employees

    Alan Kabat

    Kellyanne Conway brought national attention to the Hatch Act, which prohibits a range of political conduct by federal employees in the executive branch. But the same statute that allows the Office of Special Counsel to prosecute these complaints has a carveout for certain presidential appointees, says Alan Kabat of Bernabei & Kabat PLLC.

  • Limitations Of Exclusivity Defense In Workers’ Comp Cases

    Pierre Grosdidier

    The Corpus Christi Court of Appeals' recent decision in Halferty v. Flextronics America is important because it confirms that the higher participants in the usual construction contractual chain cannot merely push workers’ compensation requirements down to the lowest-tier subcontractors and still enjoy the exclusivity defense, says Pierre Grosdidier of Haynes and Boone LLP.

  • Chief Innovation Officer — The New Star On Legal Teams

    Mark Williamson

    Over the past few years, forward-thinking law firms have expanded their talent pools to include a chief innovation officer, whose responsibilities include spearheading the implementation of technology. It is a smart move, says ​​​​​​​Mark Williamson, co-founder and chief technology officer at Hanzo Archives Ltd.

  • Opinion

    It's Time For The US To Re-Engage With The TPP

    Christopher Corr

    A year after President Donald Trump withdrew the U.S. from the Trans-Pacific Partnership, the remaining TPP countries have signed a revised agreement among themselves, and U.S. exporters may pay a heavy price. Now is the time for industries with the most to lose to push for a U.S. return to the TPP, says Christopher Corr of White & Case LLP.

  • Examining The Enforceability Of Physician Noncompetes

    Mark Wiletsky

    Depending on the circumstances, physician noncompetes can be enforceable, but with its recent decision in Crocker v. Greater Colorado Anesthesia, the Colorado Court of Appeals added a new wrinkle when dealing with these types of agreements, says Mark Wiletsky of Holland & Hart LLP.